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HomeMy WebLinkAbout435931 THE GREEN PLAN INC - CONTRACT - BID - 6084 OLD TOWN SQUARE IRRIGATIONADDENDUM No 1 6084 Old Town Square Irrigation SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid 6084 Old Town Square Irrigation OPENING DATE February 7 2008 (Our Clock) 3 00 p m To all prospective bidders under the specifications and contract documents described above the following changes are hereby made REVISION • Attached are revised sheets for the irrigation plan revision (drawings 1-5) based on pre - bid questions • Irrigation plan changes 1 Notes added clarifying use of conduit sweeps 2 Removal of master valve from drawing and text 3 Instructions for concrete boring intervals in walls 4 Instructions for staple spacing on dripperline 5 Notes have been added specifying schedule 80 fittings • Other issues o Response to question about a substitution for sand in the trench bed (Trenching drawing attached) Respondents may also consider Section 2300 Earthwork Part 2 Products 2 1 Sod Materials F Bedding Course should be revised as follows F Bedding Course Naturally or artificially graded mixture of natural or crushed gravel crushed stone and natural or crushed sand ASTM D 2940 except with 100 percent passing a 3/8-inch sieve and 2 to 10 percent passing a No 100 sieve See revised trenching plan o Response to question concerning the lack of valve boxes in some areas of the Plaza • We do not want valve boxes in areas where there is heavy pedestrian traffic if we can help it The schedule 80 fittings will help with this • Prebid Attendees list attached Please contact John D Stephen CPPO CPPB Senior Buyer at (970) 221-6777 with any questions regarding this addendum RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED where renewal Is a way of life SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Old Town Square Irrigation BID NO 6084 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS February 7, 2008 — 3 00 P M (OUR CLOCK) where renewal is a way of life notice to OWNER and CONTRACTOR m accordance with paragraph 14 13 that the Work, is acceptable (except as otherwise expressly provided in comectm with Substantial Canpletion) 621 Safely Repremnsatwe CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the mamtairmg and supenua g of safety precautions and programs Hazard Commmnicanon Programs 622 GONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws or Regulations Fwwgenciea 623 In emergencies affecting the safety or protection of persons or the Work or property at the sin, or adjacent thereto CONTRACIOR, without special instruction or authorization from OWNER a ENGNFFR is obligated to act to prevent threatened damage injury or loss (ONfRA(,TOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby If ENGINEER determines that a change in the Contract Doceimmts Is required because of the actions taken by CONTRACTOR in response to such an emergency a Work Charge Directive or Change Order will be issued to document the cornsequerees of such action 6.0 Shop Dr wgsand&mrples 6 24 1 CONTRACTOR shall submit Shop Drawings to ENGINEER for review and apprev al in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2 9) 4ll submittals will be Identified as ENGINEER may require and in the number of copies specified in the General Requirements The data shown on the Shop Drawings will be complete with respect to quanuucs, dimensions specified performance and design criteria materials and smidar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6 26 6 24 2 CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with send accepted schedule of Shop Drawings and Sample submittals Each Sample will be identified clearly as to material. Supplier pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable FNCINEER to review the submmil for the limited 16 WDC(JFNFAN, CONDITIONS 19104(19" E6hai) w/ OrTY OF FORT COLLI NS MODIFICATIONS (RLV 4n ON) popesea requred by paragraph 626 The numbers of each Sample to be submitted wdI be m specified in the Speoficatic s 6.25, Submittal Procedures 6 25 1 Before submitting each Shop Drawing or Sample CONTRACTOR shall have determined and verified 62511 all field measurements, qusntues, danensaas, spxifed performarue mtma msallatim reglnrements, armcrmfs, lens numbers and sunder mfonnaUm wndn respect thereto 62512 all materials with respect to intended use tabncatior, sluppppiirg handling storage assembly and umalletron pertaining to the performance of the Work, and 62511 all I formation relative to CONTRACfORs sole responsibilities in respect of means, methods, techniques, sequences and procedures of comanohon and safety precautions and programs incident thereto CONTRACTOR shall also have reviewed and worduated each Shop Drawing or Sample with other Shop Dmwngs and Samples and with th, requirements of the Work and the Contract Documents 6 25 2 Each submittal will bear a stamp or Teethe written mdicatm that CONTRACTOR has satisfied CONTRACTORS obhgate4s under the Contract Documents with respect to CONTRACTOR s review and approval of that submittal 6 25 3 At the time of each submission, CONTRACTOR shell give ENGINEER specific written notice of such variations If any that the Shop Drawing or Sample submitted may have from the regiuements of the Contract Documents, such noun. to be in a written communication separate from the wbmital and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such vanatim. 626 ENGINEER will review and approve Shop Drawugs and Samples m accordance with the sdiedule of Shop Drawings and Sample submittals accepted by ENGINEER w requaed by pmagmph 2 9 ENGINEER s review and approval will be only to deten tame if the items covered by the submittals wdl, after msallatm or vuorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design emo t of the completed Project as a funcuug whole as mindicated by the Cmmmcl Documents ENGINEERs review and apprT al will not extend to mean% methods, techniques, sequences or procedures of crostructm (except where a particular means, method, technique sequence or procedure of construction is specifically and eVmsdv called for by the Contract Documents) or to safety precautions or programs modem thereto The review and approval of a separate item as such will not Indicate approval of the assembly in whuch the item functions. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals 627 ENGINEFEs review and approval of Shop Drawings or Samples shall not relive CONTRACTO from responsibility for any venation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEERS attention to each such variation at the time of submission as required by paragraph 6 25 3 and ENGINEER has given written approval of each such variation by a specific written notation ihercof usorporated in a accompanying the Shop Drawing or Sample approval nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6 2s 1 628 Where a Shop Drawing or Sample. is required by the (ontract Documents or the schedule of Shop Drawing and Sample submissions accepted by FNGTNEER as required by paragraph 29 any related Work performed prim to FNGINEbRs review and approval of the pertment submittal will be at the sole expense and resposlbllity of CONTRA( TOR (Manmrtg the Work 629 CONTRACTOR shall cany on the Work and adhere to the progress schedule during all disputes or disagreem its wah OWNER No Work shall be delayed or Postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15 s or as OWNER and CONTRACTOR may otherwise agree in writing 630. CONTRACTOR s General Warranty and GLarantee b 30 I CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEERs Clmsularas that all Work will be m accordance with the Contract Documents and will not be defective CONTRACTORs warranty and guarantee hereunder excludes defects or damage caused by 6 30 1 1 abuse modification or =proper maintenance, or operation by persons other than CONTRACTOR Subcontractors or Suppliers, or 63012 normal wear and tear under normal usage 6302 CONTRACTORS obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute None of the following will constitute an acceptance of Work that Is not in EICDCOENERAL CONDITIONS 1910-8 (19W Edum) w/ CITY OF FORTCOLLINS MODIFICATIONS (REV 412000 accordance with the Contract Documents a a release of CONTRACTORS obligation to perform the Work in accordance with the Contract Documents 63021 observations by ENGINEER 6 30 2 2 recommendation of any progress or final payment by ENGINEER 63023 the Tswana of a ontiicate of Substantial Complefion or arty payment by OWNER to CONTRACTOR under the Contract Documents 63024 use or occupancy of the Work or any pan thereof by OWNER 63025 any acceptance by OWNER or any fade to do so 63026 any review and approval of a Shop thawing or Sample submittal or the Issuance of a notice of acceptability by FNGINEFR pursuant in paragraph 1413 63027 any Irspecoon, test or approval by others or 63028 any correction of defective Work by OWNER Tndemnifroaam 631 To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall Indemnify and hold harmless OWNER, ENGINEER, ENGINEERS Consultants and the officers, dacctors, employees, agents and other consultants of each and any of them from and against all dames, cods, losses and damages (including but rot limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or substratum or other dispute resolution coals) caused by anst% out of a resulting from the performance of the Work pros ded that any such claim cost, less or damage (I) is attributable to boddv myury sickness disease a death or to Injury to or destruction of tangible pror (other than the Work Itself) including the loss of use resulting therefrom and (it) Is caused in whole or in pan by any negligent act or o mason of CONTRACTOR any Subcontract" any Supplier arty person or organwation directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable regardless of whether or not caused In pan by any negligence or anisson of a person or entity indemnified hereunder a whether liability is Imposed upon such Indemnified party by Laws and Regulations regardless of the negligence of any such person a entity 632 In any and all clams against OWNER or ENGINEER or any of then respeo.tive consultants, agents, officers, directors or employers by any employee (or the survivor or personal representative of such mployce) of CONTRACTOR my Subcontractor any Supplier any person or orgammbon directly or indirectly employed by 17 anv of them to perform or furnish any of the Work or anyone for whine acts any of them may be liable the indemnification obligation under paragraph631 shall not be limited in any way by any lunitahon on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor Supplier or other person or organization under works& compensation acts, disability benefit acts or other employee benefit acts 633 The indemnification obligations of CONTRACTOR wrier paragraph 631 shall not extend to the lability of ENGINEER and ENGINEER s Corsutam% officers, directors, employees or agents mused by the professional neghgrnce, errors or omissions of any of than Sunatel ofOdrgaaonx 634 All representations, indcmmficauons, warranties and guarantees made in. required by or given in accordance with the Contract Documents, as well as all commuing obligations indicated in the Contract Documents, will smwe final payment, completion and acceptance of the Work and termination or completion of the Agreement ARTICI F 7—OTHER WORK Related Wm* at Site 71 OWNER may perform other work related to the Project at the sne by OWNERs own forces, or let other dared contracts therefor which shall contain Creneml Conditions similar to these or have other work performed by utility owners If the fact that such other wok is to be performed was no notLd in the Contract Documents, then (i) written notice thereof will be given to CONTRACTOR prior to starting arty such other work and (u)CONTRACTOR may make a claim therefor as provided in Arnclrs 1 I and 12 ifCONTRACTOR believes that such performertee will involve additional expense to CONTRACTOR or requires additional time and the parties ate enable to agree as m the amount or extent thereof 72 CONTRACTOR shall aRord each other contractor who is a party to such a direct contract and each utility owner (and OWNER if OWNER is performing the additional work with OWNERS emplcyees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Wok with thews Unless otherwise provided in the Contract Docuatems, CONTRACTOR shall do all cutting, fitting and petehug of the Work that may be required to make its several parts cone together properly and tntegrme with such other work CONTRACTOR shall it endanger am work of others by cutting. excavating a otherwise altering their work and will only cut or alter thaw work with the written consent of ENGINEER and the others whose work will be affected The dun« and responsibilities of CONTRACTOR under this paragraph are or the benefit of such utility owners and other contractors to the extent that there are comparable is ErCDC OLNERAL CONDITIONS 19104(1990 E&M) w/ CITY OF FORT COLL1 NS MODIFICA ICONS (REV 4200m provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors 73 If the proper cxecutuorn or results of any part of CONTRACTORS Work depends upon work performed by others under this Article 7 CONTRACTOR shall inspect such other work and promptly report to ENGINEER m wrung wry delays, defects or defrnencres in such other work that render it unavailable or urwutablc for the proper execution and results of CONTRACTORS Work CONTRACTORS feline so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTORS Work except for Intent or inapparent defects and deficiencies in such other work Coord6zaaun 74 If OWNER contracts with others for the performance of other work on the Project at the site the following will be set forth in Supplementary Conditions 7 4 1 the pason, firm or corporation who will have authority and responsibility fa coordination of the can rues among the vanous prime contractors will be identified, 742 the v iscific matters to be covered by such authority and respwwbdttywillbe itemized and 743 the extent of such authority and responsibilities will be provided Unless otherwise provided in the Supplemenmn Conditions OWNER shall have solo authority and responsibility in respect of such coorduation ARTICLE 8-OWNER S RESPONSBO,IIIES 81 Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER 82 In case of termination of the employment of ENGINEER, OWNER shall appoun an engineer aghast whose status under the Contract Documents shall be that of the former ENGINEER 83 OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragrapls 14 4 and 14 13 84 OWNCRs duties in respect of providing lands and casements and providing enguwmm g sduveys to establish reference points we set forth inparagraphs 4 1 and 44 Pamgmph42 refers to OWNERS rdemilyng and making available to CONTRACIOR copies of reports of expkastioas and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents 96 OWNER is obligated to execute Change Orders as mdcated in paragraph 10 4 87 OWNERs respormbnhty in respect of certain inspections, tests and approvals is set forth in paragraph 13 4 88 In connection with OWNERS right to stop Work or suspend Work we raphs 13 10 and 15 1 Paragraph 152 deals with OWNERS right to tennmate services of CONTRACTOR under certain circumstances 89 The OWNER shall no supervise direct or have control or authority over nor be responsible for CONTRACTOR s means, methods, techniques, sequences o procedures of construction or the safety precautions and programs incident thereto or for mw failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work OWNER will not be resposiblc for CONTRACTORS fnlurs, to p lmon or fumsh the Work in accordance with the Contract Documents Mangemems—have been -made -to mtisfr AW?J6Rs respo bdn3:!respect 41W00.14-be asset-fenh.411. St ppwamfa%CutdarenE ARTICLE 9—ENGINEER S STATUS DURINC CONSTRUCTION OWNER s Representaave 91 ENGINEER will be OWNERs representative during the construwon period The duties and responsibilities and the limitations of authority of ENGINEER as OWNERS representative during construction we set forth in the Contract Documents and shall not be extended without written conunt of OWNER and ENGINEER I'mis to Sde 92 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deans necessary in order to observe as an experienced and qualified design professional the progress EICDC NH CONDRIONS 19104 (1990Edam) w/ QTY OF FORTNLUM MODIFICATIONS (aEV 42000) that has been made and the quality of the various aspects of CONTRACTORS executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine in general if the Work Is proceeding in accordance with the Contract Documents ENGINEER will not be required to make exhaustive or axutinuous on site inspections to Jack the quality or quantity of the Work ENGINEERS efforts will be directed toward providing for OWNER a greater degree of amfidmce that the completed Work will conform generally to the Contract Documents. On the basis of such vents and on - site obwrvattos, ENGINEER will keep OWNFR informed of the progress of the Work and will endeavor to guard OWNER against defecirve Work ENGTNEERs visits and on site observations me subject to all the limitations on ENGINEERs authonly and responsibility set forth in paragraph 913 and parhmlarl but without limitation, during or as a resuh of ENGINEERS onsitc visits or obwxvatois of CONTRACTORS Work ENGINEER will not supervise, direct, control or have authority over or he responsible for CONTRACTORS means, methods techniques, sequences or procedures of corstnuclmr. or the safety precautions and programs incident thereto or Car any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work f'rgect Represexmnsa 93 If OWNER and ENGINEER agree bNGINEER will furnish a Resident Project Reprewmative m assist ENGINEER in providing more continuous observation of the Work The resposiblities and authority and limitations thereon of any such Revident Project Representative and assistants will be as provided in pamgmpps 9 3 and 913 and •n tar— ,-T Ceraktams of these General Conditions If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEERS Consultant agent or employee. the reiVonsibrhties and authority and limitations therein of such other pemon will be as provided m carataaoh 9.3 931 The Representatives deeWss mmatters pertaming to the on -ante work wdL m be with the ENGINEER and CONTRACT R Bul_ the ReWwritatwe will kegp_the OWNER,.prgput advised about such matters The Re Twerwitives dealmes with subcontractors wdl only be —through or with the full knowheige and _ sip oval of the CONTRACTOR 932 Dupes and Resnomtbnhties Representative vnll 9321 Sdadulas Review the nrayseca It!] schedule and other schedules oretnred by the CONTRACTOR and console with Ilte ENGINEER concewig accetAability 9 3 2 2 Cnmferentces and Meetme Attend means" with the CONTRACTOR such as Pr run conferensm propgess meet= and other iob om&retxes and meoare and arculate CDMM- of mmuies of inecums 9323 Liasson 93231 Serve as ENGINEERS Imtson with CONTRACTOR wcslwta autctndly through CONTRACTORS supenraetdem in asnst the CONTRACTOR in undestandim the Contract lam mrents 932 3 2 Assist m obtatnmg from OWNER addt4ael details or mfamation when milurcti for nrp exanition of the Work 932.33 Advise the ENGINbER and CONTRACTOR of the commencanent of am Work nVir rie a Shop Drawing a sample submission if the submission has not Ixm apgoved by,the FNCINEER 93 2_4,i3s3"-A-W-Qrk_8glectta( of Defesllve Work -inspections and Twin 93241 Conduct on -site observations of dre Work in p egress to itenst the ENGINEER in C14C N�iwing the Wad, % n�tcttdmg m arxordance with the Contmet Documents 93243 Accomoanvytsitm ms cctors r wentme public a other a encies havin Lsdtenon ova Rotect raord the results of these vispectiors and report to the ENGINEM 9325 _ Inerraemtim of Contract Docmnents Report to ENGINEER when clarifications and ndei etattons of the Contend IMcumems are needed yid trensmnt to NT o TOR gaurdii;ation OW in ctteLtm of the Cantmet. Documents as issued by the fa• t• agt 9326 Modifications Consider and evaluate CONTRACTORS snggesnore fa EKDCOENF]tAt CONDIT10Na 19l0R (1990Ed txu) 20 -10OFFORTC UINSMOt)MCAnOMatEV420o0) modlficatlon in Dmwmu or bpectfications and report these rMmmerslettoiss to ENGINEER Acpunklyd to CONTRACTOR de MV sssuedtmnsnby the ENGINEER 9327 Records 9328_Roxm 9 i18.,J__�ur�Ish LNS'I R_pfflp k5 rapogs as requved of the RrWess of the Work _and of tlx_ CONTRACTORS c4naiincf Wm the-Omm T9he9ule and sdiedule of s)M Dmwara and sample Sin�D MIS 9_37122._S4tk&tt with IN� tSE�_rn advaMC of=hey !bpp ma,� tm tes msoecuorss or start of unoortant ohases of the Wale 932.83 Don@ prwcsed Cliame Orders and_ Work Directive Changesi_obtamman b(wkaD malend from the CONTRACTOR and recommend to ENGINEER Chase Orders. Wale_ DRCc11Ve Cbames snd field orders 93284 Repot mmedtately to ING]NEER and OWNER the acciareKe of arty accident 9329 Nvmcrd Requests. Review aml cations fa In mein with CONTRACTOR fa mmphana with the established oocedure for thou submission and forward with recommendation m ENGINEER notnre oad1Cularly the relattonslup of the payment reautsted o the schedule of valees work completed end materials end egwwnent delwered m the 9tC I)Ut rest alCm9LM N tltc Work 9 3 2 10 ConiyIg jon 932101 Before ENGINEER issues a Cat (hSate of Substantial Cana fta submit o CONTRACTOR a Iva of observed items requiring oerrecdon or completion 932102 Conduct final inspection in the company of the ENGINEER OWNER and CONTRACTOR and prcparc a final lest of Items o be corroded or completed 932103 Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concemna accemance 933 1 m triton of Authority The Representative shall not 9331 Audwis any_devattom from the Contract Documents or accent any subs[ tote mgt4.piilbs or €VujnslS urtless who➢7&d ¢y-ft FNCriNEFR 9332 Exceed himutbons of FNGINF3+R S authonry as set forth in the Contract Documents 9333 Undertake any, cif the responslbtlrties of the CONTRACTOR. Subcontractors or CONTRACTOR $ Vpenrnaldsnt 233 _tidvi-�,:- QA or_i _e d3f4Fttp3 £f€W9ve to or assume control over any aspect of the means, methodg_techruates,_ gauences or pJ9ce�ufe�for Gontnu�ll unless such 44 specif cally_called for m the C_onVact Documents 9335 Advise on or issue directions Ieaardure. or ROUA—c9ng91 over —LAI ' precautions ant promams m conrcchpns"nh the Work 9336 —Shop Ihawmes or sample submittals CTORfrom anvone other than the CONTRA 9337 Authorize OWNER o occupy the Work in whole or in Dent 9338 Participate m_ e;Pcialzed field or labomtory tests or m wedions =dueled by others ice as soenfiia� authonzed by the ENGINEER Clatfnennans and Interpretations 94 ENGINEER will issue with reasonable promptness such written ekrnticanons or mterpretancats of the UCDCOENEL-LC NDIMON319104(1990Edam) w/ a7Y OF FORT ODUJM MODMCA110M ptEV 412000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary which shall be cormstent with the intent of and reasonably inferable frtan the Contract Documents Such written clarilicabons and interpretation; will be banding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Term and the parties are unable to agree to the amount or extent theeoC, if cry OWNER or CONTRACTOR may make a wither, clan therefor as provided in Article 11 or Article 12 Authrntzed Lanaftans ra Work 95 bNGINEER may authorize minor variations in the Work from the roquuements of the CmtmcL Documents which do not twelve an aluament in the Contract Price or the Cmlmct Timm and are compatible with the design concept of the completed project as a functioning whole as indicated by the Contract Documents Those maybe accomplished by a Field Order and will be binding on OWNER and also tin CONTRACTOR who shall perform the Work involved promptly If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Comma Price or the Contract Timm and the parties are unable to agree as to the amount or went thereof OWNER or CONTRACTOR may make a written clan therefor as provided in Article I I or 12 Ryedwg Defemve Work 9 b hNCINFhR will have authority to disapprove or reject Work which ENGINEER believes to he defective or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13 9 whether a not the Work its fabricated vsralled or completed Shop Drawmgs Change OrdersandPajnxean 97 In connection with ENGINEERs authmty as to Shop Dmwmgs and Samples, we paragraphs 6 24 through 6 28 inclusive 98 In connection with ENGINEERS authority as to Charge Orders, see Articles 10 11 and 12 99 In connection with ENGINEERS authority as to Applications for Payment, we Article 14 Determinations for Umt Pness 9 10 ENGINEER will determine the actual quantities and clas9figatinxa of Unit Price Work performed by CONTRACTOR ENGINEER will review with CONTRACTOR the ENGINEERs preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Psyment or otherwise) ENGINEER s written decision thereon will be foal and binding upon OWNER and CONTRACTOR unless, within tan days after the date of any such decision, either OWNER a CONTRACTOR delivers to the other and to ENGINEER written nonce of intemon to appppresal fremn ENGINEER s decision and (i)an appeal from INCINEERs decision is taken within the time Worts and in accordance with the procedures set forth in Exhibit GC A. Dispute Resolution Agreement entered role, between OWNER and CONTRACTOR pusiant to Article 16 or (n) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appeahig patty in a Contra of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to FNGWEERs decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedums of paragraph 911 Decisions on Du7naes ()It FNGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder Claims, disputes and other matters relating to the aaeptabihty of the Wok or the interpretation of the requirements of the Contract Documents pertaining to the performance and hanishmg of the Work and chums under Articles 1 I and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph Written notice of each such claim dispute or other matter will be delivered by the claimant to ENGINEER and the Other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto and written supporting data will be submitted to FNGWFER and the other parry wit un sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of nine for the submission of additional or mom accurate data in support of such claim dispute M Oder matter The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows addihoal time) ENGINEER will render a formal decmon in writing within Unity days after receipt of the opposing parry s submittal if any in accordance with this paragraph ENGINEERS written decision on such claim dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless () an appeal from ENGINEERS decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC A Dispute ResolutionAgreement entered mtobetweein OWNER and CONTRACTOR pursuant to Article 16 or (n) if no such Dispute Resolution Agreement has been entered into a written notice of intention to appeal from ENGINCERs written decision is delivered by OWNER or CONTRACTOR in the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding s instituted by the appealing party in a forum of compoma jurisdiction to exercise such rights or remedies as the appealing patty may have with respect to such claim dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 22 EICDCOENERALCONDITION319104f 0990&ham) wf C17Y OF FORT COLLIM MOMCATIONB 6tEV 441000) deceaon unless otherwise agreed in wnttrg by OWNER and CONTRACTOR 912 When funchcnmg m interpreter and judge under paragraphs 910 and 911 ENGINEER will not show ryutmlity to OWNER or CONTRACTOR and will not be Labe in connection with any interpretation or decmon rendered in goad faith in such capacity The rendering of a decision by ENGINEER pursuant to paragraphs 9 10 or 9 11 with respect to any such clams dispute or other matter (except any which have been waived by the mating or acceptance of foal payment w provided in pamgmph E415) will he a condition precedent to any exerese by OWNER or CONTRACTORof f such rights or remedies as either may otherwise have under the Contact Documents or by Laws or Regulations in respect of arty such clam dispute or other mattes-p Mtak-}4 913 Lrnuarsons or &%GINEERs 4athonty and Responadhrres 9131 Neither ENGINEERS authority or responsibility under this Article 9 or under any other provision of the Contract Documents no any decision made by ENGINEER in good faith other to exercise a not exercise such authority or resp raid lity or the undertaking exercise or performance of any authority a responsibility by FNCrINEFR shall curter impose a give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor any Supplier any other person or organization, or in any surety for or employee or agent of any of then 9 13 2 EN( WEER will net supervise direct cumrol or have aurhaay over or be responsible for CONTRACTORS meam methods, techmqum si.quences or procedures of cai4hllctnon, or the safety precautions and programs incident thereto or far any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furmsiuig or performance of the Wort. ENGINEER will not be responsible for CONTRACTORS failure to perform or funntsh the Work in accordance with the Contract Documents. 9 13 3 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of arty Subcontractor any Supplier or of any other person or crganizanon performing or furnishing any of the Work 9134 ENGWIil;Rsreviewofthe firml Apphcmean for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees. Bonds and certificates of inspection tests and approvals and other documentation required to be delivered by paragraph 1412 will only be to determine generally that their content complies with the requirements of and in the case of cerificates of inspections, tests and approvals that the results certified indicate complance with, the Contract Documents. 9 13 5 The limitations upon authority and responsdnhty set forth in this paragraph 913 shall also apply to ENGINEERs Co sulmms, Resident Project Representative and assistants ARTICLE 10 -CHANGES IN THE WORK 101 Without mvabdatus the Agreement and without notice to any surety OWNER may at any time or from time to lime order additions deletions cr revisions in the Wok Such additions, detetios a revisions will be authorized by a Written Amendment, a Charge Order a a Work Change Dnective Upon receipt of any such doeurrent, CONTRACTOR shall promptly proceed with the Wok involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided) 102 If OWNER and CONTRACTOR arc unable to agree as to the extent if any of an adjustment in the Contract Ricca an adjustment of the Contract Tunes that should be allowed as a result of a Work Change Directive a claim may he made therefor as provided in Article I I or Article 12 103 CONTRACTOR shall not be rimed loan imram, in the Contract Price a an extension of the Contract Times with aspect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3 5 and 3 6 except in the case of an emergenc) as provided in paragraph 6 23 or in the rase of uncoverug Work as provided in paragraph 119 104 OWNER and CONTRACTOR shall cNecute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering 1041 changes in the Work which are (h) ordered by OWNER pursuant to paragraph l01 (a)required because of acceptance of defective Wok under paragraph 13 13 or Corr cmg defectim Work under paragraph 13 14 or (a) agreed to by the parties 1042 changes in the Contract Price a Contract Times whom we agreed to by the parties and 1043 changes in the Contract Price or Cotmact Tunes which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9 11 provided that in lieu of executing any such Change Order an Appeal may be taken from any such decision in accordance with the provisions of the Contract Docmnens and applicable Laws and Regulation, but duraig any such apoeal CONTRACTOR shall on the Work and adhere to the progress schedule as provided in paragraph 6 29 10 i if not ce of any change affecting the general scope of the Work nr the provisions of the Contract Documents (including, but not limited to. Contract Price a Contract Tanis) is required by the provisions of any Band to be given to a surety the gwmp of any such notice will be CONTRACTORS respmsibdtty and the amount of each applicable Bond will be adjusted accordingly ARTICI L 11—CHANGF OF CONTRACT FRICF 11 1 The ( ontract Pia constitutes the total compensation (subject to authhonzed adjustments) payab4. to CONTRACTOR for performing the Work All duties respoaibilmes and obligations assigned to a iudertaken by CONTRACTOR shall be at CONTRACTOR s expense without change in the Contract Price 112 The Contract Price ma) oniv be changed by a Change Order or by a Written Amendment Any claim for an adjustment in the Contract Pnce shall be based on written notice delivered by the perry making the clan to the Other party and to ENGINEER promptly (but in no event later than thirty days) after to start of the occurrence or event giving rue to the clam and stating the general nature of the clan Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimants written statement that the adjustment churned covers all known amounts to winch the claimant is emtled as a result of said occurrence or event AU clams for adjustment in the Contract Price shall be determined by ENGINEER in with paragaph 9l l hf OWNER and CONTRACTOR carrot otherwise agree on the amount invoked No clam for an adjustment in the Contract Pnce will be valid of not submitted in accordance with this paragraph 112 113 The value of am, Wok covered by a Change Order or of any claim for an adjustment in the Contract pia will be determined as follows 113 1 where the Wok involved a covered by unit pnoes contained in to Contract Documents, by apphwuon of such unit prices to the quantities of the items involved (subject to the provisions of ElCOC4ENFRAL 001,C01MOM 19104 Om Edtwi) 23 w/aTYOFFORTO M[MMO Mff `r1OM042m0m paragraphs 1191 through I 1 9 3 inclusive) I132 where the Work involved is not covered by unit pnces contained in the Contract Documents, by a mutually agreed payment basis, uxhdng lump sum (which may include an allowance for overhead and profit net necessarily in accordance with paragraph 116 2) 113 3 where the Work involved is not covered by unit prices contamed in the Contract Documents and agreement to a lump am is nor reached order paragaph 113 2 en the basis of the Cod of the Work (determined as provided in paragraphs 114 and 11 5) plus a CONTRACTORS fee for Overhead and profit (detennmed as provided in paragraph 11 6) Cost ofifre Wrxk 114 The term Cat of the Work means the sum of all costs necessarily incurred arid paid by CONTRACTOR in the proper performance of the Work Except as otherwise may be agreed to in wrong by OWNER, such costs shill he in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and sled] not include any of the costs itemized in paragraph 11 5 1141 Paroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job class(fimtiais agreed upon by OWNER and CONTRACTOR Such employees shall include without limitation superintendents, foremen and other persormcl employed full time at the sitL Payroll costs for employees not employed full tune on the Work shall b. apportioned on the basis of their Lane spent on die Work Payroll costs shall irtelud a burnt be limited to- salaries and wages plus the cost of fringe benefits which shall include social security contribution& unemployment, excise and payroll tares, workers compensatrom health andmWemerst benefitkbenusev applicable thereto The expenses of performrg Work after regular working hours, on Saturday Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER 11 4 2 Cod of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof and Suppliers' field services regtired in connection therewith All cash discounts stall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with whoh to make paymems, in which case the cash discounts shall accrue to OWNER All trade discounts rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provisions so that they may be obtained 114 3 Paymments made by CON 1 RACIOR to the Subcontractors fa Weak performed Or furnished by Subcontractors If required by OWNER 24 E VC OENaM CONDi11OM 19104(1990Ed11M) w/ CITY OF FORT �W NS MODIICA TIONS (REV 4n00a) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine with the advice of ENGINEER, which bids, if any will be accepted If any subcontract provides that the Subcontractor is to be pad on the base of Cost of the Work plus a fee the Subcontractor's Cost of the Work and fee shall be determined in the same manor as CONTRACTORS Cost of the Work and fee as provided in pnagaphs 11 4 115 116 and 117 All subcontracts shall be subject to the other provisions of the Contract Doaiments insofar as applicable 114 4 Costs of special consultants (including but net limited to engineers architects, testing labontaies, surveyors, attorneys and accoudards) employed for services spenfically related in the Week 1145 Supplemental costs includrg the follow i g 11451 The proportion of necessary transportation, travel and subsidence expenses of CONTRA( TORs employees incurred in discharge of dunes connected with the Work 11452 Cad, including transportation and maintenance of all materials, supphee, equipment, machinery appliances, office and temporary facilities at the site and hand tools net owned by the workers, which arc consumed in the performance of the Work and cad less maker value of such items used but not aaiisumed which remain the property of CONTRACTOR 11453 Rentals of all construction equipment and machinery and the parts thereof whether rented firm CONTRACTOR a oilers in accordance with rental agreements approved bj OWNER with the advice of ENGINEER and the coats of transportation loading unloading installation, dismantling and removal thereof —all in accordarico, with terms of sad rental agreements The rental of any such equipment machinery or parts shall cease when the use thereof is ro longer necessary for the Work 11454 Sales, consumer use or similar taxes related to the Work and for which CONTRACTOR a liable imposed by Laws and Regulations, 11455 Deposits lost for causes other than negligence of CONTRACTOR any Subcontractor in anyone directly or indirectly employed by any of them or for whose acts arty of them may be liable and royalty payments and fors for permits and licences. 11456 Losses and damages (anal related expenses) caused by damage to the Work net camper Bated by insurance or Otherwise sustained by CONTRACTOR in connection with the performance and famishing of the Work (except losses and damages within the deductible amounts of property uwaance established by OWNER m actor with paragraph 59)t provided they have resulted from causes other than the rneyligence of CONTRACTOR any Sub6caumdar or anyone directly or indirectly employed by any of them a for whose acts any of them may be liable Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included m the Cam of the Work for the purpose of determining CONTRACTORS fee IC however any such loss Or damage requires reconstruction and CONTRACTOR is placed an charge thercok CONTRACTOR shall be paid lor services a fee Proportionate w that stated in paragraph 116 2 11457 Fhc am of utilities. fuel and sanitary facilrltes at the site 11458 Mmor expenses such as t legrams, long distance telephone calls, telephone service at the site expressage and similar petty cash items in connection with th, Work 11459 Cost of premiums for additional Borx6 and insurance required because of changes in the Work 115 The team Cost of the Work shall not include any of the following 1151 Payroll arils and other compensation of CONTRACTORS officers, executives, principals (of partnership and sale proprietorships) general managers, engineers architects, estimators, attorneys, audttas, accountants, purchasing and contracting agents expediters, tunekeepers, clerks and other pr.rsonncl employed by CONTRACTOR whether at the site or an CONITRACfORs principal a a branch office fm general administration of the Work and rot specifically included in the agreed upon schedule of lob classifications refericd to in paragraph 11 4 1 0 spectfically covered by paragraph 114 "ll of which are to be considered administrative costs covered by the CONTRACTORsfee 11 52 Expenses of CONTRACTORS principal and branch offices other than CONTRACTORs office at the ate 1153 Any pan of CONTRACTOR's capital expenses, including interest on CONTRACTORS capital employed fa the Wok and charges against CONTRACTOR for delinquent payments 1154 Cost of premiums for all Bonds and for all immmas whether or not CONTRACTOR is required by the Contract Daamnents to purchase and marmam the same (except for the cost of premiums covered by subparagraph 114 5 9 above) 115 5 Casts due to the negligence of CONTRACTOR, any Subcontractor or anyone directly car udaectly employed by anyy of than or for whose ads any of them may be hable including but not minted to the correction of defectme Work I of materials or equipment wrongly supplied a makirg good any damage to property I t s 6 Other overhead a general expense costs of any kiss and the ousts of any itan not spalfic illy and expressly included in paragraph 114 116 The CONTRACTORS fee allowed to CONTRACTOR fur overhead and profit shall be determined as follows 1 l 6 1 a mutually acceptable fixed fee or 116 2 if a fixed fa is not agreed upon, then a fee based on the tollowmg percentages of the various portions, of the Cos of Work 11621 for costs incurred under paragraphs 1141 and 11 4 2 the CONTRA(?OR s fee shall be fifteen percent 11622 for costs mcurred under paragraph 11 43 the CONTRACTORS fee shall be five percent 11623 when one or mac hers of subcontracts are on the basis of Cost of the Work plus a fee and no lca d fee as agreed upon, the intent of pa igraphs 114 1 114 2 114 3 and 11 6 2 ns that the Subcontractor who actually performs or funushes the W ork at whatever tier will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 114 1 and 114 2 and that any higher ner Subcontractor and CONTRACTOR will each b, paid a fee-of�fwe percent of -tine amount paid -to the-ne4lower� to be n�onated to euod faith wilt the OWNERS n442�€e five percent of the amrnut�d to the next lower 44f-$utKMtM Qr 11624 no fee shall be payable on the bums of curls itemized under paragraphs 1 l 4 4 l 1 4 5 and 11 5 11625 the amount of credit to be allowed by CONTRACTOR to OWNER for any chart which results m a net decease m cost %ill he the amount of the actual net decrease in cost plus a deduction in CONTRACTORS fee by an amount equal to Eve percent of such net decease and 11626 when both addition; and credits me involved in an ale charge. the adlusEnt m ne CONTRACTORs fee shall be computed on the basis of the net change in accordance with paragraphs 116 2 1 through 116 2 5 mclusrve 117 Whenever the cost of any Work is to be 5JMCGSNMt CONDITIONS 19108(19" EAam) 25 wfaTY OF FORT WLLINS MODM(IATIONS(REV 42000) CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020 2 00100 Instruction to Bidders 00100-1 001009 00300 Bid Form 00300-1 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 004102 00420 Statements of Bidders Qualifications 00420-1 004203 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 005001 00510 Notice of Award 005100 00520 Agreement 00520-1 - 00520 6 00530 Notice to Proceed 00530-1 100600 Bonds and Certificates 00600-1 00610 Performance Bond 00610 1 00610-2 00615 Payment Bond 006151 00615-2 00630 Certificate of Insurance 006301 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 006502 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 006701 006702 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700 34 Exhibit GC A GC -Al GC A2 00800 Supplementary Conditions 00800 1 00800 2 00900 Addenda Modifications and Payment 00900-1 00950 Contract Change Order 00950-1 00950-2 00960 Application for Payment 00960-1 00960 4 SPECIFICATIONS detemuud Pursuant to pamgmphs 114 and 115 CONTRACTOR will establish and maintain records thereof in accordance with generally acceaccounting nted practices and submit in form acceptable to GINEER an itemized cost breakdown together with supportug data Cash AUowances 118 It is understood that CONTRACTOR has included in the Contract Prig all allowances ao named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINLER CONTRACTOR agrees that 1181 the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment regmred by the allowance to be delivered at the site, and all applicable taxes and 118 2 CONTRACTOWs coats for ualoadi g and handling on the me labor installation toms overhead, profit and other expenses contemplated for the allowances have been included in the Contract price and not in the allowances and no demand for additional payment on account of any of the foregoing will he valid IPrior o feel payment an appropriate Change Order will be . as recommended by ENGINhbR to reflect actual amounts din CONTRAC rOR on ncmunt of Work covered by allowance; and the Cmtram Price shall be correspondingly adjusted 119 flat Puce Work I 1 9 1 Where the Contract Documems pro, de that ill or part of the Work is to be Unit Price Worl- initially the Contract price will be deemed to include for all Unit Rice Work an amount equal to the sum of the established unit prices for each separately identified Ac m of Unit Price Work tunes the estimated quantity of each item as indicated in the Agreement The cmunated quantiues of ib,ms of Unit Prig. Work are not guaranteed and are solely for the purpose of companson of Bids and determining an coital Contract Pnoe Determinations of the actual quantities and dassnficatiom of Unit Price W oil, perfmned by CONTRACTOR will be made by ENGINEER in accordance with paragraph 910 11 9 - Each unit rice wdl be deemed to uwlude an amount cirsukr by CONTRACTOR to be adequate to cover CONTRACTORs overhead and profit for each separately identified item 1193 OWNER or CONTRACTOR may male a clam for an adjustment in the Contract Price in accordance with Article 11 of 11931 the quantity of any item of Unit Price Work performed by CONTRACIOR differs materially and swiLficantly from the estimated quantity of such item indicated in the Agrecmem �6 EICDCOENmrAt CONvrnoN i9io4(In90 Ediam) w107Y OF FORT COW M MOD1171CAT101 S (REV 4aOW) and 11932 there us no corresponding adjustment with respect to any other stem of Work end 11933 if CONTRACTOR believes that CONTRACTOR is emUed to an increase in Contract pit" as a result of having incurred additional expanse or OWNER believes that OWNER is entitled to a decrease in Contract Price and the perum are unable to agree as to the amount of ny such increase or decrease 11934 CONTRACTOR acknowledges that the OWNER has the naht to add or delete items in the Bid or chit lies at OWNERS sole discrebon without a calm: the Contract Prim oC any rematmra item so long as the deletion or eddbon does not exceed twenty five oercem of the origmal Imal Contract price 1RTICLE li--CHANGE OF CONTRACT TIMES 121 The Contract 7 imes (or Milestones) may only be changed by a Change Order or a Written Amendment Any clam for an adjustment of the Contract Tunes (or Milestones) shall beton written notice ddwered by the party making the clan to the mho }arty and to ENGINEER promptly (bra in no event later than durty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim Notice of the extent of the clan with supporting data shall be deb, ered within sixty dayys after such occurrence (unless FNGINhER allows additional time to ascermm more accurate data in support of the clan) and shall be accompanied bj the clatmanfs written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of sad event All claims for adjustment in the Contract Times (or Milestones) shall be detemuted b} ENGINFER in accordance with paragraph9ll if OWNER and CONTRACTOR cannot otherwise agree No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance w ith the requirements of this paragraph 12 1 122 All time limits stated in the Contract Documents are of the essence of the Agreement 123 Where CONTRACTOR is prevented from completing any pan of the Work within the Contract Tines (or Milestones) due to delay beyond the control of CONTRACTOR, the Contact Tunes (or Milestones) will be extended in an amount equal to time lost due to such delay if a claun is made there[ar as provided in pemmggaapph 12 1 Delays beyond the control of CONTRACTOR shall include but not be limited to acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7 fines, floods, epidemics, abnormal weather conditions or acts of Cod Delays ambumble to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR_ 124 Where CONTRACTOR Is prevented Tian completing airy part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an wdension of the Contract Times (or .Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTORs sole and exciuswe remedy for such delay In no evera shell OWNER be liable to CONTRACTOR any Sub=lm= any Supplier any other person or orgemza ion, or to any surety for or employs or agent of any of them for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR or (u) delays beyond the control of both parties mi:ludmg, but not limited to foes, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utday owners or other contractors performing other work as contemplated by Article 7 ARTICLF 13—TESTS 1ND INSPECTIONS CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTIVF WORk 13 1 Nonce of Defeers Prompt notice of all defective Work of which OWNER or ENGINFFR have actual knowledge will he given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this ,article 13 Access to Work 132 OWNER, ENGINEER FNGENEERs Co silt ms, other representatives and personnel of OWNER independent testing laboratories and governmental agencies with jurisdictional ntereas will have excess to the Work at ressenable-umes for their observation inspecting and testing CONTRACTOR shall provide then proper and safe conditions for such access and advise then of CONTRACTORS site safety procedures and programs so that they may comply therewith as applicable Tesrsandlnspecnnna 133 CONTRACTOR shall give ENGII.IECR timely notice of reedmess of the Work for all required i spccums, lists or approvals, and shall cooperate with inspection and testing persornel to facdnate required inspections or teas 134 OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests. or approvals required by the Contract Documents except 1341 for inspections, teas or approvals covered by paragraph 13 � below 1342 that toss mounted in connection with test or inspections conducted pursuant to paragraph 13 9 below shall be paid as provided in and paragraph 13 9 aid 1343 as otherwise specifically provided in the Contract Documents, 135 If Laws or Regulations of any public body having jurisdiction require any Work (or part thereot) specifically to be inspected, tested or approved by an employee or other representative of such public body CONTRACTOR shall assume full responsibility for stringing and obtaining such i speclioas tests or approvals, pay all costs in connection therewith, and fimmsh ENGINEER the required certificates of i spectien or approval CONTRACTOR shall also be responsible for armngmg and obtaining and shall pay all costs in comeamn with any inspections, tests or approvals required for O WNERs and ENGINEERS acmptarnce of materials or equipment to be incorporated in the Work, or of materials, mot designs, or equtpmcat submitted for approval pnor to CONTRACTORS purchase thereof (or incorporation in the Work 136 If an} Work (or the work of others) that is in be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER it must, if requested In FNGINFFR be uncovered for observation 13 7 Uncovering Work as provided in paragraph 13 6 shall he at CONTRACTORS expense unless C.ONTRACI OR has given FNGINEER timely mum of CONTRACTORS intention to cover the same and FNGINEFR has not acted with reasonable promptness in response to such notice Dime eang War* 138 If any Work is covered contrary in the written request of ENGINEER it must, if requested by ENGINEER., be uncovered for ENGINEERS observation and replaced at CONTRACTORS expense 139 If ENGINEER considers it newssmy or ndvi%bl that covered Work be observed by ENGINEER or inspected ar tested by others. CONTRACTOR at ENGENEERs request shall uncover expose or otherwise male available for observatim, uspeaion or testing as ENGINEER may requue that portion of the Work in question fumishng all necessary labor maternal and equipment If it is found that such Work is defective CONTRACTOR shag pay all dam% costs, losses and damages caused by unsung out of or resulting from such mwvenng, exposure observation inspection and testing; and of satsfaaory replacement or reconstruction, (including but not limited to all costs of repea Or replacement of work of others) and OWNER shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11 If, however such Work s not found to be defectne CONTRACTOR shall be allowed an mcrease in the Contract Price or an extension of the Contract Tunes (or MlksLimws) or both, directly attributable to such UMCGENERAL CONEXTIOM 19108 (1990 ESi m) 27 w/CITY OF FORT COLW M MODIFICATIONS (REV V2000) uncoverug, exposure observation, inspection, testin& replacement and reconstruction, and if the parties we unable to a�ee as m the amount or extent therecE CONTRACTOR may make a claim thcrefor as provided in Articles 1 I and 12 OWNER Mat SYop the Work 13 10 If the Work a defecase or CONTRACTOR fads to supply sufficient skilled workers or suitable materials or equipment, a fails to fimnrsh or perform the Work in such a way that the completed Work will confirm to the Contract Documents, OWNER may order CONTRACTOR to stop the Work or any portion thereof mad the cause for such ceder has been eliminated however this right of OWNER to smP the Work shall not give rise to any duty on the part of OWNER to exeroae this right for the benefit of CONTRACTOR or airy surety or other party Cometion or Renmmt ofDefecnve Work 1311 If required by ENGINEER CON TRACTOR shell promptly as directed, either correct all defecase Wert:, whether or not fabricated, installed or completed, or if the Work has been rejected by hNGINFER remove it from the site and replace it with Work that is not defective CONTRACI OR shell paw all claims, costs, losses and damages mused by or resulting from such correction or removal (including but net lunnted to all torts of repair or replacement of work of others) 13 12 Cormcnon Parted 13 121 If within AN' Y-F twn-.�tars after the date of Suhsmntal Completion a such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guaranua. required by The Contract Documents or by any specific provision of the Contract Documents any Work its found to be defeenve CONTRACTOR shall promptly without cos to OWNER and in accordance with OWNERS written instructions (n) correct such defective Work, or if it has been rejected by OWNER, remove it from the site and replace it wub Work that is not defective and (u) satisfactorily cones[ or remove and replace any damage in other Work or the weak of others resulting therefrom If CONTRACTOR does not promptly comply with the terms of such uatiuctions, or in an emergency where delay would cause serious risk of Ices or damage OWNER may have the rkfectrve Work corrected or the rejected Work removed and replaced and all claims, costs, losses and damages mused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACT OR 13 12 2 In special circumstances where a particular item of equipment a placed in continuous service before Substantial Completion of all the Wok, the correction period for that item may stag to run from an earlier date if so provided in the Specifications or by Written Amendment 13 h 3 Where defectne Work (and damage to other 28 EICOCGENUMCONDITIONS 19104(1990E6aun col CITY OF FORTCOLLINS MODIFICATIONS OLEV 4a") Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13 12 the correclron period hereunder with respect to such Work will be extended for an additional period of me -year two veers after such correction or removal and replacement has been sausfactonly completed lecepmnce ofDefecave Work 13 13 if instead of requiring correction or removal and replacement of defective Work. OWNER (and Prior to ENGINEERS recommendation of final payment, also ENGINEER) prefers to accept it. OWNER may do so CONTRACTOR shalt pay all clarets, costs, losses and damages attributable to OWNERS evaluation of and determination to see ep[ such defective Work (such etas to be approved by ENGINEER as to reasonableness) If am such acacptancc occurs prior to EJGINEFR% recommendation of final payment, a Change Order will be issued mcor)rmating the necessary revisions in the Contract Documents with respect to the Work and OWNER shall be entitled to an appropriate decrease in the Contract Price and. of the pares are unable to agree as to the amount thereof OWNER may make a clan therefor as provided in Article 11 If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR m OWNER OWNER May Corned Defeease Wink 1314 If CONTRACTOR fails mthun a reasonable nine after written notice from ENGINEER to correct defecat e Work or to remove and replace rejected Bork as required by ENGINEER in accordance with paragraph 13 11 or if CONTRACTOR fails to perform the Work in accordanc, with ilia Contract Documents, or if CONTRACTOR fads to comply with any other provision of the Contract Documents, OWNER may after seven dayswritten notice to CONTRACTOR correct and remedy any such deficiency In Wserensaig the rights and remedies under thus paragraph OWNER shall proomd teVedmously In connection with such corrective and remedial action. OWNER may exclude CONTRACTOR from all or paR of the site, take possession of all a part of the Work and suspend CONTRACTORS services related thereto, take Possession of CONTRACTORs tools, appliances, construction equipment and machinery at the site and mrcogsorate in the Work all materials and equipment stored at the Ste or for winch OWNER has paid CONTRACTOR but which are stored elsewhere CONTRACTOR shall allow OWNER OWNER, representatives, agents and = oyees, OWNERs other contractors and ENGINEER and ENGINEERS Conwltants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All clans, cons, losses and damages incurred or sustained by OWNER in exermsng such rights and remedres will be charged agavat CONTRACTOR and a Charge Order will be issued nncorporatung the necessary revisions in the Contract Documents with respect to the Work and OWNER shall be entitled to an appropriate decrease in the Coraract Puce, and, if the paints arc unable to agree a, to the amount thereof OWNER may make a clan thereto its provided in Article 11 Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or dameg<d by correction removal or replacement of CONTRACTORS defective Work CONTRACTOR shall not be allowed an extension of the Contract Tunes (or M lestori s) because of any delay in performance of the Work attributable to the eracm by OWNER of OWNERS rightsaid remedies hereunder ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Lalues 141 The schedule of values established as provided in paragraph 2 9 will serve as the basis fm progress payments and mall be Incorporated into a form of Application for Payment acceptable to ENGINEER Progress payments on account of Unit Pnce Work will be baud on the number of units completed Appumnon for Prograr Payment 142 At least meaty dais before the date csmbhshcd for each progress payment (but not more often than once a math) CONTRACTOR shell submit to ENGMMIR for review an Application for Payment filled out and signed by ( ONTRACCOR mvenng the Work completed as of the date of the Application and accompanied by such supporting documentation as ins requited by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed m in writing, the Application for Payment shall also be accompanied by a bill of sale invoice or other documentation warrantvg that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment me covered by appropriate property insurance and other arrangements to protect OWNERS interest therein all of which will be satisfactory to OWNER The amount of rummage with respect to progress payments will be as stipulated in the Agreement An _fuLds t at we wnhheld_¢y_ the OWNER shall not be subject to substitution by the CONTRACTOR with securities orwMarrangements involving an escrow or custodmnstiin By axe m1mg the application for vm oeent form the CONTRACTOR esmssly waives his night to the benefits of Colorado Rev _ Statutes, Section 24-91 101 et sea CONTRACTOR s Warranty of Tide 14 3 CONTRACTOR warrants and guarantees that tale to all Work, materials and equipment covered by any lippliation fix Payment, whether incorporated in the Project a not will pass to OWNER no later than the time of payment fret and clear of all Liens Renew ofApphoruons for Progress Payment 144 ENGINEER will, within ten days after recelpl of each Application for Payment either indicate in writing a b1CDCGENERAL CONDMOM 19104 (1990 Ediwn) w/ CITY OF FORT COLLINS MODIFICATIONS (PEN WOOD) recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEERs reasons for refusing to recommend payment In the latter case CONTRACTOR may make the necessary corrections and resubmit the Application Ten days after pre:�ntanon of the Application for Payment to OWNER with LNGINEERs recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14 7) become due and when due will be paid by OWNER to CONTRACTOR 145 ENGINEERS recommendation of any payment requested in an Applicalim for Payment will constitute a representation by ENGINEER to OWNER haled on hNGINEFRs orvsmte observations of the executed Work as an expenenoed mid quahGed design professional and on ENGINEER s review of the AApppplicatmn for Payment and the accampanyug dam end schedules, that to the lest of ENGINEFRilaimledge informationand belief 1451 the Work has progressed to the point indicated, 1452 the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole pnor to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final detenmiahon of quantities and classifications for Unit Price Work under paragraph 9 10 and to any other qualifications stated in the r commendation) and 1453 the conditions precedLnt to CONTRACTORS being entitled to such payment appear to have been fidfilled trsoFar as it is LNGINECAs responsibility to observe the Work However by recommending any such payment ENGINEER mill not thereby be deemed to have represented that (n) exhaustive or continuous on-srte inspections have been made to check the quality Or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (a) that there may not be other mattes a issues between the parties that might entitle CONTRACTOR to be pad additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 146 ENGINEERs recommendation of any payment including 6ral payment, shall not mean that ENGINEER is responsible for CONTRACTORS means, methods, techniques sequences or procedures of construction or the lately preauuom and programs incident thereto or for aw fadure of CONTRACTOR to comply with Laws and Regulations applicable to the humshing a performance of Work or for arty fadure of CONTRACTOR to perform a furnish Work in accordance with the Contract Documents. 147 ENGINFhR may refuse to recommend the whole or arty part of any payment if in ENGINEERs opuuat it would be incorrect to make the repressentation% to 29 OWNER referred to in paragraph 14 5 ENGINEER may also refuse to recommend any such payment or because of subsequently discovered evidence or the results of subw4tem inspections ra tests, nulltf} any such payment previously recommended, to such extent as may be necessary, in FNGINEERs opinion to protect OWNER from loss because 1471 the Work is defective or completed Work has been damaged requirmg correction or replacement 14 7 2 the Contract Price has been reduced by Written Amendment or Change Order 1473 OWNFR has been required to correct dtfectrve Wok or complete Work in accordance with paragraph 13 14 or 1474 ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15 2 1 through 15 2 4 inclusive OWNER may refuse to make payment of the full amount recommended by ENGfNIFER because 1475 clams have been made agaust OWNER on amount of CONTRACTOR s performance a fuumshing of the Work, 1476 Liens have been filed in connection with the Work except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens 1477 there are otho items enm1mg OWNER to a six off against the mount recommended, Or 1478 OWNER has actual kimwledge of the occurrence of any of the events enumerated in paragraphs 14 71 through 14 7 3 or paragraphs Is 2 1 through 15 2 4 inclusive but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) sating tht reasons for such action and promptly pay CONTRACTOR the mount so withheld, or any adjustment therec agreed to by OWNER and CONTRACTOR when CONTRACTOR corrects to OWNERS smsfaction the reasons for such action Substannd Compleam 149 When CONTRACTOR considers the enme Work ready for its intended use CONTRACTOR shall ninthly OWNER and ENGINEER in writing that the enure Work a substantially complete (except for items specifically listed by CONTRACTOR as mcomplete) and request that ENGINEER issue a certificate of Substantial Completion Within a reasonable time thereafter OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to detcrimme the status of completion If ENGINEER does not consider the Work substantially compete, ENGINEER will notify CONTRACTOR in wring giving the reasons therefor If ENGINEER 30 EfCUCOETJERAL CONVITIOA IR104(1990 E6hm) col CITY OFFORT MUIM MODIFICATIONS (REV 42000) considers the Work substantially complete ENGINEER will prepare and deliver to OWNER a tentative certtficate of Substantial Completion wluch shall fix the date of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed or corrected before fire) payment OWNER shall have seen days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any Provisions of the certificate or attached lust it alter corwdenng such objections. ENGINEER concludes that the Work its not substantially complete. ENGINEER will width fuuteett days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing statug the reasons therefor It after coeaderation of OWNERS objectiors, ENGINEER considers the Work substantially complete, ENGINEER will wtthm said fourteen days execute and deliver to OWNER and CONTRACTOR a definnwe certificate of Substantial Completion (with a revised tentative list of items to be completed or connected) re6ectsuch charges from the teretauve certificate as ENGINI EE behevesltstified after cormclemtion of any objections from OWNER At the time of delivery of the tentative certificate of Subsantnal Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilnms pending final payment between OWNER and CONTRACTOR with respect to security operation, safety mmmen since heat, utilities, insurance and warranties and guarantees Unless OWNER and ( ONTRACTOR agree otherwise in writing and so inform ENGINENZ in wntirg prior to ENGINFbRs casing the definitive certificate of Substantial Completion ENGINEERS aforesmd recommendation will be binding on OWNER and CONTRACTOR until foal puvment 149 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shell allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Uld zanon 1410 Use by OWNER at OWNERS option of any substantially completed tart of the Work, which (I) has specifically been identified in the Contract Documents, or (a)OWNER. ENGINEER and CONTRACTOR agree commutes a separately functomng and usable pan of the Work that can be used b7 OWNER for its wended purpose without significant interference with CONTRACTORs performance of the remainder of the Work may be accomplished prior to Subsamml Completion of all the Work subject to the following 14 10 1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such pan of the Work which OWNER believes to be ready for its intended use and substantially corM p)Iete If CONTRACTOR agrees that such pan of the Wark is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such pan of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers my such pan of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion fa that part of the Wak Within a reasonable time after either such request, OWNER CONTRACTOR and ENGINEER shall make an Inspection of that part of the Work to detemrme its status of completion If ENGINEER does not consider that pan of the Work to be substantially complete ENGINEER will narfy OWNER and CONTRACTOR in wring giving the reasona therefor If ENGINEER considers that pan of the Work to be substantially complete the provisions of paragraphs 14 8 and 14 9 will apply with respect in certification of Substantial Completion of that pan of the Work and the division of responsibility in respect thereof and access thereto 14 10 2 No occupancy or separate operation of pan of the Work will be accomplished prior to compbance with the requtrements of paragraph 5 15 in respect of property insurance 65aal Impechau 1411 Upon written notice from CONTRAC FOR that the came Work or an agreed portion thereof is complete DNGTNEER will make a final i�ptcton with OWNER and CONTRACTOR and will riouty CONTRACTOR in wring of all particulars in which this inspection reveals that the Work is incomplete or defoonve CONTRACTOR shall immediately take such measures as ar necessary to complete such work orremedy such deficiencies Final Applreahon far Payment 1412 After CONTRACTOR has completed all such comechons b the sabsfacuot of ENGINEER and delivered in accordano, with the Contract Documents all mauuerance and operating instructions. schedules, guarantees. Bonds certificates or other evidence of inumance required b) Faragaph54 certificates of mspeaion marked up record documents (as provided in peragmph619) and other documents, CONTRACTOR may make application for final payment following the procedure fa progress payments The fual Applicahrm for Payment shall be accompamed (except as previously delivered) by (i) all documentation called for in the Contract Documents, including but not limited to the evidence of maaance required by subparagraph 5413 (u) consent of the surety if any to final payment, and fur) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of a filed in connection with the Work In lieu of such releases Or waivers of Liens and as approved by OWNER CONTRACTOR may famish receipts or releases in full and affidavit of CONTRACTOR that () the releases and receipts us.lude all labor services, maternal and equipment for winch a Lien could be filed and (ii)all payrolls, material and equipment bilk and oiler indebtedness connected with the Work for which OWNhR or OWNER s property might in an) way be responsible have been paid or otherwise satisfied If any Subcontractor or Suppler farts to furnish such a release or receipt in full CONTRACTOR may furnish a Bond or other collateral sausfactor) to OWNER to udcmmfy OWNER against any Len Releases or waivers of hens and de consent of the surely to fni lire oevment ale to be submitted on lormsconfiinnut to the tanninof the OWNERS standard forms bound m_ the Pr manual Final Pm samr mrdAcceprance 1413 If on the basis of ENGTNEERs observation of the Work dicing construction and final impaction, and ENGINEER s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINFER is satisfied that the Work has been completed and CONTRACTORS other obligations under the Loirimct Documents have been fulfilled, ENGINEER will within ten days after receipt of the final Application for Payment, indicate in writing FNGINEERs recommendation of payment and present the Application to OWNER for payment. At the same rime ENGINEER will also give written notice in OWNER and CONTRACTOR that the Work is acceptable subject in the provenons of paragraph 14 15 Otherwise ENGINEER will renim the Application to CONTRACTOR mdimung in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application Thuty days after presentation to OWNFR of the Application and accoanpanying documentation in appropriate form and substance and with ENCINEERs recommendation and notice of acceptability the amount recommended by ENGINEER will become due and will be paid by OWNFR to CONTRACTOR subiem to pgsgr_pph 17.61 of these Ggrimij OIdttjmis 1414 IL through no fault of CONTRACTOR final completion of the Work is sig iftcamby delayed and of ENGINEER so confirms, OWNER shall upon receipt of CONTRACTORS final Applimum for Payment and recommendaum of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retarnage stipulated in the Agreement, and of Bonds have been furnished as required in paragraph 5 1 the written convent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of clams Waver ofClmms 1415 The making andacceptance of final pa)mient will constitute 14 15 1 a waiver of all claims by OWNER against CONTRACTOR except claims rinsing from unsettled Lens, from defective Work appesrug after EICDCOENERAL CONDITIONS 19104 (19W Edum) 31 w/CITY OF FORT OOLLINS MODIFICATIONS titEV 420(10) final inspection pursuant to paragraph 14 11 from failure to comply with the Contact Documents a the terms of any special guarantees specified therm or from CONTRACTORS continuing obligations under the Contract Documents, and 14 152 A waiver of all clams by CONTRACTOR against OWNER other than those previously madc in wntung and still unsettled ARTICLE 15.-SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work 151 Al arty time and without cause OWNER may suspend the Work a airy portion thereof for a period of not mere it= ninety days by notice in writing to MNTRA(.TOR and ENGINEER which will fix the date m which Work will be resumed CONTRACI OR shall resume the Work on the data so fixed. (.ONTRAC rOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Tunes, or both, directly attributable to any such suspension of CONTRACTOR makes an approved Liam therefor as provided in Arwles I and 12 OW?VLR I1ay reraunare I 5 2 Upon the occurrence of any one or more of the follovnng ec ems 15 2 1 if CONTRACTOR persistently fails to perform the Work in a odance with the Contract Documents (including, but not limited to failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragmph29 as adjusted from time to time pursuant to Paragraph 6 6) 15 2 2 if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction 15 2 3 if CONTRACTOR disregards the authority of ENGINEER or 1524 if CONTRACI OR otherwise violates in any mbdamal way any prowunims of the Contract Documents OWNER may after giving CONTRACTOR (and the surety if any) seven days written notice and to the extent permitted by Laws and Regulation[% terminate the services of CONTRACTOR exclude CONTRACTOR from the site and take possexston of the Weak and of all CONTRACTORS took appliancm construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without labnlay to CONTRACTOR for trespass or conversion) incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid 32 EXDCOENDAL CONDITIONS 191M(199meatw0 wf UTY OF FORT COLLINS MODIFICATIONS (REV 4n(0a) CONTRACTOR but which are stored elsewhere and finish the Wak es OWNERmay deem expedient In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all clam% costs, kisses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such clams, cods. losses and damages exceed such uryrard balance CONTRACTOR shall pay the dnffaence to OWNER. Such clams. casts, kmses and damages mcurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order provided that when exeresug any tights or remedies under this pamgaph OWNER shall net be required to obtain the lowest price for the Work performed 153 Where CONTRACTORs services have been so terminated by OWNER, the Wimuattan will not affect any rights or remedies of OWNER against CONTRACTOR then exidug a which may thereafter accrue Arty retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR form liability 154 Upon seven days written notice to (.ONTRACIOR and ENGINEER OWNER may without cause and without prejudice to any other right a remedy of OWNER, elect to terminate the Agreement In such case CONTRACTOR stall be paid (without duplication of any items) 1541 for completed and accx,ptable Work executed in accordance with the ( onuact Documents pnor to the effective dine of t rinmetu n including fair and reasonable sums for overhead and profit on such Work 1542 for expenses sustmned prior to the effective date of termuation in performing services and furnstung labor materials or equipment as required by the Contract Documents in connection with uncompleted Work plus far and reasonable sums for overhead and profit on such expenses 1543 for all claims, cods, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others and 15 4 4 for reasonable expenses directly attributable to termm stton CONTRACTOR shag not be paid on account of loss of anticipated profits or revenue or other economic loss ansing out of or resulting from such termination CONTRACTOR May Stop Work a Tannin¢. 05 1L through no act or fault of CONTRACTOR, the Work is suspended for a period of more than mnety, days by OWNER or under an order of court or other public authority or ENGINEER fads to ad on arty Appincatiau for Payment within dirty days after it is submitted or OWNER falls for thirty days M pay CONTRACTOR any sum finally determined to be due than CONTRACTOR may upon seven days written nonce to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspensor or failure within that time terminate the Agreement and recover from OWNER payment on the same turns as provided in Paragraph 15 4 In lieu of terminating the Agreement and without prejudice to any other ri¢k or remedy if ENGINEER has faded to ad on an Applcaton for Payment within thuty days after it s submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum firmlly determined to be due CONTRACTOR may upon seven days' written nonce to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR including interest thereat The provisions of this paragraph 155 are not amended in preclude CONTRACTOR Eom making clans order Articles 11 and 12 for an maease in Contract Price or Contract Times or otherwise for expense or damage directly attributable to CONTRACTORS stoppmg Wale as permitted by this paragraph ARTICI F 16—DISPUTh RFSOl UTION If and to the cctrnt that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may wise under this Agreement, such dispute resolution method and procedure, if env shall be as set torth in EdubtGCA Dispute Resolution Agreement in be attached hereto and made a pan hereof If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 910 911 and 912 OWNER and CONTRACTOR may exercise such rghts or remedies as ether may otherwhw have order the Contract Documents or by laws or Regulations in respect of any dispute ARTICLE 17—AUSCELLANEOUS Giving Nonce 171 Wherever any provision of the Contract Documents requires the giving of written nonce A will be deemed to have been validly given if delivered in person to the individual or to a member of the firm Or to an officer of the corporation for wham it is mended, or if delivered at or sent by registered a certified mail, postage prepaid, to the lag business address (mown to the giver of the nonce 172 Computation ofTrme 17 2 1 When arry period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the lag day of such period If the lag day of tiny such period falls m a Saturday or Sunday or on a day made a legal hohday by the law of the applicable funs Berton, Such day will be omitted from the computation 17 2 2 A calendar day of twenty four hours measured from midnight to the next midnight will corautute a day Notice ofClmm. 173 Should OWNER or CONTRACTOR suffer mdury a damage to person or property because of any error emusson or act of the other party or of any of the other pertys employees a agents or others for whose acts the other party is legally liable clam will be made in writing in the other party within a ressmable time of the first observance of such injury or damage The proamons of this paragraph 17 3 shell not be construed as a substitute fa l a wavier of the preivnions of airy applicable statute of hnntatIMS or repose Cumulatite Remedies. 174 The duties and obligations imposed by these General Condition and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation the warranties, guarantees and obligations imposed upon CONTRACTOR by pamgmphs612 616 630 631 612 131 1312 1314 14 3 and 112 and all of the roes and remedies available o OWNER and ENGINEER theme der are in addition to and are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by Laws a Regulations by spaul warranty a guarantee or by other provisions of the Contract Documents and the provisions of this paragraph will be as effective as it repeated specifically in the Contract Documents m connection with each particular duty obligation, right and remedy to which they apply Frofeniomd Fees wed Coen Caste Included 175 Whenever reference is made to clauns, costs loss,s and damages it shall include in each case but nor be [untied to all fees and charges of engineers, architects, attorneys and other professionals and all court a arbitration or other dispute resolution costs l7 ¢ _�ha.(3.w'£.9P.7�i£ �LS.L�Ql9.l�d9�J7FlY_SQSh4i A�reaQenL Re(eience to Iw�po erbrent Colorado statutes are as follows 1761 Colorado Revised Statutes_(CRS S 1LOW ravine that Colorado labor be employed to oerfoem the Wort. to the cAent of tot less than lti Micenl !SU%o) of each tvoa a class of labor m the veal classaficanars of died end common holier emoloved on the =192L Colorado labor means any assort who IS a_bore fide resident o e State of Colaedo at the time of ermolovment without discnmuntcn as to nice whir, creed, age religion or sec 1762 if a alum s filed OWNER is refmred by Iaw !C"RS 3S 2fr107j to wnddeld from all revments to CONTRACTOR Sufficient funds to irsae the perm of of all clans for labor, materials. team lure sustenance. Provisions, provender, or other suodies used a consumed by CONTRACTOR or his WCDCOENEM CONDITIONS 1910.9 (1990 Edta) 33 w/ CITY OF FORT COLUNS MODIFICATIONS (REV 411000) 34 MDCUENEL&CONDITION& 19108(1990 EbW]) w/CITY OF FORT COLLIM MOOETCATIOM (REV 42000) (I lus page left blank )Nenumally ) EJCM GENERAL CONDITIOM 19108 (1990EM.) 35 w/CITY OF FORT OOLLINS MODMCATTONB(REV 4C0 ) SECTION 00020 INVITATION TO BID Rev 10/20/07 Section 00020 Page 2 36 �DCOEN6AALCONLXMOM 191P (MOEdtim) WCIT OF FORT COUINS MODIFICATIONS(REV 4a000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OW,IE R and CONTRACTOR hereby agree that Article to of the Gencal Condition of the Construction Contract between OWNER and CONTRACTOR is amended to Include the followahg agreement of the parties 161 All clams, disputes and other matters in question between OWNER and CONTRACTOR wising out of or relating to the Contract Documents or the breach thereof (except for claims which hate been waved by the making a acceptance of final payment as provided by paragraph 1415) will be decided by arbitration in accordance with the Constriction Industry Arbitration Rules of the American Arbitration Association then obtaining. subject to the limitations of the Article 16 This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be spcctfitally effaceable under the prevailing law of any courthaving jurtsthcuot 16' No demand fee arbitration of any claim dispute or other matter that a required to be referred to ENGINEER initially for decision in accordance with pemgaph 9 11 will be made until the earlier of (a) then. date tin which ENGINEER has rendered a written decision or (b) the thaty first day Wier the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date No demand tot arbitration of any such clan dispute or other matter will be made later than thhay days after the date on which ENGINFER bens rendered a written decision in respect thereof in accordance with paragraph 9 11 and the failure to demand arbitration within said thirty days' period will result in ENGINMRs decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been uutsted, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned No demand for arbitration of any wniten decsion of ENGINEER rendered in accordance with paragraph 9 10 will be made later gran ten days after the puny malting such demand has delivered written notice of intention to appeal as provided in paragraph 9 10 163 Not= of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbaation Association. and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the duny-0ay or tenKlay period specified in paragraph 16 2 as applicable and in all other cases within a reasonable time after the claim dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when Institution of legal or equitable prooteduigs based on such clan dispute or other matter in question would be barred by the applicable statuteuf lumtatons 164 Except as provided in paragraph 165 below no arbmauon arising out of a relating to the Contract Documents shag include by consolidation, joinder or in any other manner any other person or entiy (including ENGINEER. ENGINEERS Comsltant and the oRcera, directors, agents, employees or consultants of any of them) who is not a party to this contract winless 16 4 l the inclusion of such other person or emRy its necessary if complete relief s to be afforded among those who we already parties to the arbitration, and 1642 such other person or entity its substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will anse in such proceedings, and 1643 the written consent of the other person or entity sought to be included and of OWNER enl CONTRACTOR has been obtained for such Inclusion which consent shall make specific reference to this paragraph but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent a to arbitration with any party not specifically identified in such consent 165 Notwnh9andvig paragraph 164 if a claim dispute or other matter in question between OWNER aid CONTRACTOR involves the Work of a Subcontractor other OWNFR or (ONTRACIOR may join such Subcontractor as a party to the arbitration between OWNI R aid CONTRACTOR hereunder CONTRACTOR shall include in all subcontracts required by paragraph E 11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of sueh Subcontractor Nothing in this paragraph 16 5 nor in the provision of such subcontract consenting to joinder shall create any claim right or cause of action in lava of Subcoraractor and against OWNER ENGIlVEER or ENGINEER s Consultants that does not otherwise exist 166 The award rendered by the arbitrators will be final judgment may he entered upon it in tiny curt having junsdicuon thereof and it will not be subject to modification or appeal 16 7 OWNER and CONTRACTOR agree that they shall rust submit any and all unsettled clarms, counterclaims, disputes and other matters in question between them ansing out of or relating to the Contract Documents or the breach thereof ( disputes ) to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them misting agaust the other a demand for arbitration pursuant to paragraphs 161 through 166 unless delay in initiating arbitration would urevocably prejudice one of the parties The respective tarty and ten day tone limits warm which in file a demand for arbitration as provided in paragraphs 16 2 and 16 3 above shag be suspended with respect to a dispute submitted to mccation wain those same applicable time limits and shall remain suspended until ten days after the termination of the medation The mediator of any dispute submitted to mediation under this Agroenent shall not serve as arbitrator of such dispute unless otherwise agreed WO)C OFNEM COND111ONS 19104 (1990 Edmm) GC At w/ CITY OF FORT COi UM MODIFICATION4 (REV 9M9) FtCDCOMI RAL CONDITIONS 191"(1990EAbw) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9)94) GCAi SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below SC-5 4 8 Limits of Liability A Add the following language at the end of paragraph 5 4 8 The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows 5 4 1 and 5 4 2 Coverage A - Statutory Limits Coverage B - $100 000/$100 000/$500 000 5 4 3 and 5 4 5 Commercial General Liability policy will have limits of $1 000 000 combined single limits (CSL) This policy will include coverage for Explosion Collapse and Underground coverage unless waived by the Owner 5 4 6 The Comprehensive Automobile Liability Insurance policy will have limits of $1 000 000 combined single limits (CSL) 5 4 9 This policy will include completed operations coverage/product liability coverage with limits of $1 000 000 combined single limits (CSL) Rev 1020/07 Section 00800 Page 1 SECTION 00900 ADDENDA MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment Rev 10/20/07 SECTION 00950 CHANGE ORDER NO PROJECT TITLE 6084 Old Town Square Irrigation CONTRACTOR PROJECT NUMBER DESCRIPTION 1 Reason for change 2 Description of Change 3 Change in Contract Cost 4 Change in Contract Time ORIGINAL CONTRACT COST $ 00 TOTAL APPROVED CHANGE ORDER 0 00 TOTAL PENDING CHANGE ORDER 0 00 TOTAL THIS CHANGE ORDER 0 00 TOTAL % OF THIS CHANGE ORDER TOTAL C O % OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0 00 (Assuming all change orders approved) ACCEPTED BY DATE Contractor's Representative ACCEPTED BY DATE Project Manager REVIEWED BY DATE Title APPROVED BY DATE Title APPROVED BY DATE Purchasing Agent over $30 000 cc City Clerk Contractor Project File Architect Engineer Purchasing Rev 10/20/07 Section 00950 Page 1 NUMBER 1 2 3 Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER City of Fort Collins PROJECT APPLICATION NUMBER APPLICATION DATE PERIOD BEGINNING ENGINEER CONTRACTOR PERIOD ENDING PROJECT NUMBER CHANGE ORDERS Application is made for Payment as shown below in connection with Contract DATE Net Change by Change Order AMOUNT $0 00 The present status of the account for this Contract is as follows Original Contract Amount Net Change by Change Order Current contract Amount Total Completed and Stored to Date Less Previous Applications Amount Due this Application Before Retamage Less Retamage AMOUNT DUE THIS APPLICATION CERTIFICATION The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14 3 of the General Conditions of the Contract The above Amount Due This Application is requested by the CONTRACTOR Date By Payment of the above Amount Due This Application is recommended by the ENGINEER Date By Payment of the above Amount Due This Application has been reviewed by the OWNER S Protect Manager Date By Payment of the above Amount Due This Application is approved by the OWNER Rev 10/20/07 Section 00960 Page 1 $0 00 $0 00 $0 00 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty Amount Qty Amount Qty Amount Period To Date Billed $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 TOTALS $0 00 $0 00 $0 00 $0 00 $0 00 Section 00960 Page 2 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty Amount Cty Amount Qty Amount Period Date Billed $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 1 $0 00 $0 00 $0 00 $0 00 TOTALS CHANGE ORDERS $0 00 $0 00 $0 00 $0 00 $0 00 PROJECT TOTALS $0 00 $0 00 $0 00 $0 00 $0 00 Section 00960 Page 3 SECTION 00020 INVITATION TO BID Date January 16 2008 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER) at the office of the Purchasing Division 3 00 P M our clock on February 7 2008 for the OLD TOWN SQUARE IRRIGATION BID NO 6084 If delivered they are to be delivered to 215 North Mason Street 2nd Floor Fort Collins Colorado 80524 If mailed, the mailing address is P 0 Box 580 Fort Collins CO 80522-0580 At said place and time and promptly thereafter all Bids that have been duly received will be publicly opened and read aloud The Contract Documents provide for the construction of Bid 6084 Old Town Square Irrigation Replacement of irrigation system main line and lateral lines valves sprinkler irrigation components including sprinkler heads drip irrigation controller unit and reinstallation of decorative paver plaza surface All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins 215 North Mason St 2nd floor Fort Collins Colorado 80524 Contract Documents will be available January 16 2008 A prebid conference and lob walk with representatives of prospective Bidders will be held at 10 30 am, on January 24, 2008 next to the Ice Rink in Old Town Square Fort Collins Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting Bids will be received as set forth in the Bidding Documents The Work is expected to be commenced within the time as required by Section 2 3 of General Conditions Substantial Completion of the Work is required as specified in the Agreement The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids The OWNER reserves the right to reject any and all Bids and to waive any informalities and irregularities therein Rev 10/20107 Section 00020 Page 1 STORED MATERIALS SUMMARY On Hand Received Installed Item Invoice Previous This This Number Number Description Application Period Period PAGE 4 OF 4 On Hand This Application $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $a 00 $0 00 $0 00 $0 00 $0 00 $0 00 TOTALS $0 00 $0 00 $0 00 $0 00 Section 00960 Page 4 CITY OF FORT COLLINS 10 January 2008 SECTION 01100 SUMMARY PART GENERAL 11 RELATED DOCUMENTS OLD TOWN SQUARE IRRIGAITON A Drawings and general provisions of the Contract including General and Supplementary Conditions and other Division 1 Specification Sections apply to this Section 12 SUMMARY A This Section includes the following 1 Quality assurance 2 Work phases 3 Alternate bids B Related Sections include the following 1 Division I Section' Temporary Facilities and Controls 2 Division 2 Section "Earthwork 3 Division 2 Section Unit Pavers 4 Division 2 Section Imgation 13 QUALITY ASSURANCE A Contractor must have successfully completed execution of a nummum of five (5) contracts involving the installation of irrigation and piping work similar in size and scope to that required for this project B Contractor must have successfully completed execution of a minimum of five (5) contracts involving the installation of unit pavers in sand setting bed similar in size and scope or engage a partnering company with such experience 14 WORK PHASES A The Work shall be conducted in two phases in the following order with each phase substantially complete before beginning the next phase 1 Phase One This phase shall be the largest section of Old Town Square Plaza It shall include all areas not outlined as `Phase 2 on plan sheet LI 103 Work of this phase shall be substantially complete and ready for occupancy by May 2 2008 2 Phase Two The remaining Work includes all areas outlined as `Phase 2' on plan sheet LI103 and shall be substantially complete and ready for occupancy by May 2 2008 also SUMMARY 01100 1 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGAITON B Before commencing Work of each phase submit a schedule showing the sequence commencement and completion dates and move out and in dates of Owners personnel for all phases of the Work 15 ALTERNATE BIDS A Deletion of Phase 2 Work If Contractor considers it is unlikely that Phase 2 work can be completed by May 2 2008 an alternative bid may be submitted for only Phase 1 work to be completed by May 2 2008 B Two wire Control System A bid for a two wire control system may be submitted in substitution for the conventional multiple control wire system specified New control wire must be installed in any case A two wire system must be as sold by the following 1 Weathermahc SmartLine with two wire module 2 Toro TDC 3 Underhill International Underhill Wire (must be installed with a Hunter ICC Controller) 4 Hunter ACC Decoder Controller C Upright steel pipe may be installed to cant' negation tubing to pavilion canopy for hanging pot watering as a substitution for boring through pavilion footing 1 The pipe must be anchored with a footing sized to meet owner s requirement connected to the pavilion canopy and coated to meet exact specifications of Pavilion coating 2 Contractor must have previous experience with this type of construction or refer the work to a partnenng company or subcontractor with experience of successful completion of such work END OF SECTION SUMMARY 01100 2 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART GENERAL 11 RELATED DOCUMENTS A Drawings and general provisions of the Contract including General and Supplementary Conditions and other Division 1 Specification Sections apply to this Section 12 SUMMARY A This Section includes requirements for temporary utilities support facilities and security and protection facilities B Related Sections include the following 1 Division 2 Section Earthwork 2 Division 2 Section Unit Pavers 3 Division 2 Section Irrigation 13 DEFINITIONS A Permanent Enclosure As determined by Architect permanent or temporary roofing is complete insulated and weathertight exterior walls are insulated and weathertight and all openings are closed with permanent construction or substantial temporary closures 14 QUALITY ASSURANCE A Electric Service Comply with NECA NEMA and UL standards and regulations for temporary electric service Install service to comply with NFPA 70 PART2 PRODUCTS 21 MATERIALS A Portable Chain Link Fencing Minimum 2 inch 9 gage galvanized steel chain link fabric fencing mttnmum 6 feet high with galvanized steel pipe posts minimum 2 3/8 inch OD line posts and 2 7/8 inch OD corner and pull posts with 1 5/8 inch OD top and bottom rails Provide galvanized steel bases for supporting posts B Wood Enclosure Fence Plywood 4 feet high framed with four 2 by 4 inch rails with preservative treated wood posts spaced not more than 8 feet apart TEMPORARY FACILITIES AND CONTROLS 01500 1 CITY OF FORT COLLINS OLD TOWN SQUARE IRRIGATION 10 January 2008 22 TEMPORARY FACILITIES A Field Offices General Prefabricated or mobile units with serviceable finishes temperature controls and foundations adequate for normal loading B Common Use Field Office Of sufficient size to accommodate needs of construction personnel Keep office clean and orderly Furmsh and equip offices as follows 1 Drinking water and private toilet 2 Coffee machine and supplies 3 Heating and cooling equipment necessary to maintain a uniform indoor temperature of 68 to 72 deg F C Storage and Fabrication Sheds Provide sheds sized famished and equipped to accommodate materials and equipment for construction operations 1 Store combustible materials apart from building 23 EQUIPMENT A Fire Extinguishers Portable UL rated with class and extinguishing agent as required by locations and classes of fire exposures B HVAC Equipment Unless Owner authorizes use of permanent HVAC system provide vented self contained liquid propane gas or fuel oil heaters with individual space thermostatic control 1 Use of gasoline burning space heaters open flame heaters or salamander type heating units is prohibited PART 3 EXECUTION 31 32 INSTALLATION GENERAL A Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work Relocate and modify facilities as required by progress of the Work Staging area may be located at north end of Plaza when ice rink is removed TEMPORARY UTILITY INSTALLATION A General Install temporary service or connect to existing service B Sanitary Facilities Provide temporary toilets wash facilities and drinking water for use of construction personnel Comply with authorities having jurisdiction for type number location operation and maintenance of fixtures and facilities C Heating Provide temporary heating required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of low temperatures or high humidity Select equipment that will not have a harmful effect on completed installations or elements being installed TEMPORARY FACILITIES AND CONTROLS 01500 2 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION D Ventilation and Humidity Control Provide temporary ventilation required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of high humidity Select equipment that will not have a harmful effect on completed installations or elements being installed Coordinate ventilation requirements to produce ambient condition required and minimize energy consumption E Electric Power Service Use of Owner's existing electric power service will be permitted as long as equipment is maintained in a condition acceptable to Owner F Lighting Provide temporary lighting with local switching that provides adequate illumination for construction operations observations inspections and traffic conditions 1 Install lighted Project identification sign 2 Provide superintendent with cellular telephone or portable two way radio for use when away from field office 3 3 SUPPORT FACILITIES INSTALLATION A General Comply with the following Maintain support facilities until near Substantial Completion Remove before Substantial Completion Personnel remaining after Substantial Completion will be permitted to use permanent facilities under conditions acceptable to Owner B Temporary Roads and Paved Areas Construct and maintain temporary roads and paved areas adequate for construction operations 1 Provide dust control treatment that is nonpolluting and nontracking Reapply treatment as required to minimize dust 2 Prepare subgrade and install subbase and base for temporary roads and paved areas according to Division 2 Section Earthwork " 3 Recondition base after temporary use including removing contaminated material regrading proofrolling compacting and testing C Traffic Controls Comply with requirements of authorities having jurisdiction 1 Protect existing site improvements to remain including curbs pavement and utilities 2 Maintain access for fire fighting equipment and access to fire hydrants D Parking Provide temporary parking areas for construction personnel E Dewatering Facilities and Drams Comply with requirements of authorities having jurisdiction Maintain Project site excavations and construction free of water F Project Identification and Temporary Signs Provide Project identification and other signs to inform public and individuals seeking entrance to Project Unauthorized signs are not permitted 1 Provide temporary directional signs for construction personnel and visitors 2 Maintain and touchup signs so they are legible at all times TEMPORARY FACILITIES AND CONTROLS 01500 3 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION G Waste Disposal Facilities Provide waste collection containers in sizes adequate to handle waste from construction operations Comply with requirements of authorities having jurisdiction Comply with Division 1 Section Execution Requirements" for progress cleaning requirements Lifts hoist and motorized vehicles are considered "tools and equipment and not temporary facilities 34 SECURITY AND PROTECTION FACILITIES INSTALLATION Provide protective coverings barriers devices signs or other procedures to protect A Environmental Protection Provide protection operate temporary facilities and conduct construction in ways and by methods that comply with environmental regulations and that minimize possible air waterway and subsoil contamination or pollution or other undesirable effects B Temporary Erosion and Sedimentation Control Provide measures to prevent soil erosion and discharge of soil bearing water runoff and airborne dust to adjacent properties and walkways according to requirements of authorities having jurisdiction Inspect repair and maintain erosion and sedimentation control measures during construction until permanent vegetation has been established C Stormwater Control Comply with authorities having jurisdiction Provide barriers in and around excavations and subgrade construction to prevent flooding by runoff of stormwater from heavy rams D Tree and Plant Protection Install temporary fencing located as indicated or outside the drip line of trees to protect vegetation from damage from construction operations Protect tree root systems from damage flooding and erosion E Site Enclosure Fence Before each construction phase begins furnish and install site enclosure fence in a manner that will prevent people and animals from easily entering site except by entrance gates 1 Extent of Fence As required to enclose Project site portion determined sufficient to accommodate construction operations F Security Enclosure and Lockup Install substantial temporary enclosure around partially completed areas of construction Provide lockable entrances to prevent unauthorized entrance vandalism theft and similar violations of security G Barricades Warning Signs and Lights Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades including warning signs and lighting H Temporary Walkway Erect structurally adequate protective sturdy walkway for passage of individuals over excavated areas if they cannot be backfilled before pedestrians must enter Coordinate with entrance gates other facilities and obstructions TEMPORARY FACILITIES AND CONTROLS 01500 4 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Provide dry 3/a' plywood decking protective enclosure walls barricades warning signs lights safe and well drained walkways handrails if necessary and similar provisions for protection and safe passage If decking cannot be kept dry install rubber mats to ensure safe pedestrian access 35 OPERATION TERMINATION AND REMOVAL A Supervision Enforce strict discipline in use of temporary facilities To mimmize waste and abuse limit availability of temporary facilities to essential and intended uses B Maintenance Maintain facilities in good operating condition until removal Maintain operation of temporary enclosures heating cooling humidity control ventilation and similar facilities on a 24 hour basis where required to achieve indicated results and to avoid possibility of damage C Operate Project identification sign lighting daily from dusk until dawn D Temporary Facility Changeover Do not change over from using temporary security and protection facilities to permanent facilities until Substantial Completion E Termination and Removal Remove each temporary facility when need for its service has ended when it has been replaced by authorized use of a permanent facility or no later than Substantial Completion Complete or if necessary restore permanent construction that may have been delayed because of interference with temporary facility Repair damaged Work clean exposed surfaces and replace construction that cannot be satisfactorily repaired Materials and facilities that constitute temporary facilities are property of Contractor Owner reserves right to take possession of Project identification signs Remove temporary paving not intended for or acceptable for integration into permanent paving Where area is intended for landscape development remove soil and aggregate fill that do not comply with requirements for fill or subsoil Remove materials contaminated with road oil asphalt and other petrochemical compounds and other substances that might impair growth of plant materials or lawns Repair or replace street paving curbs and sidewalks at temporary entrances as required by authorities having jurisdiction At Substantial Completion clean and renovate permanent facilities used during construction period Comply with final cleaning requirements specified in Division 1 Section Closeout Procedures " END OF SECTION TEMPORARY FACILITIES AND CONTROLS 01500 5 CITY OF FORT COLLINS 10 January 2008 SECTION 02300 EARTHWORK PART1 GENERAL I RELATED DOCUMENTS OLD TOWN SQUARE IRRIGATION A Drawings and general provisions of the Contract including General and Supplementary Conditions and Division I Specification Sections apply to this Section 12 SUMMARY A This Section includes the following 1 Preparing subgrades for concrete pavers 2 Subbase course for concrete pavers 3 Subsurface drainage backfill for walls and trenches 4 Excavating and backfillmg trenches for buried irrigation piping and wiring B Related Sections include the following 1 Division 1 Section 'Temporary Facilities and Controls for temporary controls utilities and support facilities 2 Division 2 Section Unit Pavers 3 Division 2 Section 'Irrigation " 13 DEFINITIONS A Backfill Soil material or controlled low strength material used to fill an excavation 1 Sub base Backfill Backfill placed under aggregate base 2 Sand Backfill Backfill placed around pipe and in paver seting bed B Aggregate Base Course placed between the sub base course and setting bed sand C Sand Setting Bed Course placed over the aggregate base and in a trench before laying pipe D Borrow Soil Satisfactory soil imported from off site for use as fill or backfill E Excavation Removal of material encountered above subgrade elevations and to lines and dimensions indicated 1 Authorized Additional Excavation Excavation below subgrade elevations or beyond indicated lines and dimensions as directed by Architect Authorized additional excavation and replacement material will be paid for according to Contract provisions for changes in the Work 2 Unauthorized Excavation Excavation below subgrade elevations or beyond indicated lines and dimensions without direction by Architect Unauthorized excavation as well as remedial work directed by Architect shall be without additional compensation EARTHWORK 02300 1 CITY OF FORT COLLINS OLD TOWN SQUARE IRRIGATION 10 January 2008 F Fill Soil materials used to raise existing grades G Structures Buildings footings foundations retaining walls slabs tanks curbs mechanical and electrical appurtenances or other man made stationary features constructed above or below the ground surface H Aggregate Sub Base Course Course placed between the sub base and paver sand setting bed I Sub base Undisturbed soil under aggregate sub base J Utilities On site underground pipes conduits ducts and cables as well as underground services within buildings 14 SUBMITTALS A Product Data For the following 1 Each type of plastic warning tape 2 Geotextile 3 Controlled low strength material including design mixture B Material Test Reports From a qualified testing agency indicating and interpreting test results for compliance of the following with requirements indicated 1 Classification according to ASTM D 2487 of each borrow soil material proposed for fill and backfill 2 Laboratory compaction curve according to ASTM D 698 for each borrow soil material proposed for fill and backfill 1 5 QUALITY ASSURANCE A Geotechmcal Testing Agency Qualifications An independent testing agency qualified according to ASTM E 329 to conduct soil materials and rock definition testing as documented according to ASTM D 3740 and ASTM E 548 B Preexcavation Conference Conduct conference at Project site to comply with requirements in Division 1 Section 'Project Management and Coordination " 1 6 PROJECT CONDITIONS A Existing Utilities Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by Owner and then only after arranging to provide temporary utility services according to requirements indicated 1 Notify Owner not less than two days in advance of proposed utility interruptions 2 Do not proceed with utility interruptions without Owner s written permission 3 Contact utility locator service for area where Project is located before excavating EARTHWORK 02300 2 Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders Sales Prohibited/Conflict of Interest No officer employee or member of City Council shall have a financial interest in the sale to the City of any real or personal property equipment material supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered This rule also applies to subcontracts with the City Soliciting or accepting any gift gratuity favor entertainment kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By am s B O'Neill II CPPO FNIGP u hasing & Risk Management Director Rev 10120/07 Section 00020 Page 2 CITY OF FORT COLLINS 10 January 2008 PART PRODUCTS 2 1 SOIL MATERIALS OLD TOWN SQUARE IRRIGATION A General Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations B Satisfactory Soils ASTM D 2487 Soil Classification Groups GW GP GM SW SP and SM or a combination of these groups free of rock or gravel larger than 3 inches in any dimension debris waste frozen materials vegetation and other deleterious matter C Unsatisfactory Soils Soil Classification Groups GC SC CL ML OL CH MH OH and PT according to ASTM D 2487 or a combination of these groups 1 Unsatisfactory soils also include satisfactory soils not maintained within 2 percent of optimum moisture content at time of compaction D Sub Base Material Naturally or artificially graded mixture of natural or crushed gravel crushed stone and natural or crushed sand ASTM D 2940 with at least 90 percent passing a 1 1/2 inch sieve and not more than 12 percent passing a No 200 sieve E Engineered Aggregate Fill Naturally or artificially graded mixture of natural or crushed gravel crushed stone and natural or crushed sand ASTM D 2940 with at least 90 percent passing a 1 1/2 inch sieve and not more than 12 percent passing a No 200 sieve F Bedding Course Naturally or artificially graded mixture of natural or crushed gravel crushed stone and natural or crushed sand ASTM D 2940 except with 100 percent passing a 1 inch sieve and not more than 8 percent passing a No 200 sieve 22 GEOTEXTILES A Separation Geotextile Woven geotextile fabric manufactured for separation applications made from polyolefins or polyesters with elongation less than 50 percent complying with AASHTO M 288 and the following measured per test methods referenced 1 Survivability Class 2 AASHTO M 288 2 Grab Tensile Strength 247 lbf ASTM D 4632 3 Sewn Seam Strength 2221bf ASTM D 4632 4 Tear Strength 901bf ASTM D 4533 5 Puncture Strength 90 lbf ASTM D 4833 6 Apparent Opening Size No 60 sieve maximum ASTM D 4751 7 Permittivity 0 02 per second minimum ASTM D 4491 8 UV Stability 50 percent after 500 hours exposure ASTM D 4355 23 ACCESSORIES A Warning Tape Acid and alkali resistant polyethylene film warning tape manufactured for marking and identifying underground utilities 6 inches wide and 4 mils thick continuously EARTHWORK 02300 3 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION inscribed with a description of the irrigation pipe or control wire installed 6 above irrigation pipe or wire conduit PART 3 EXECUTION 31 PREPARATION A Protect structures utilities sidewalks pavements and other facilities from damage caused by settlement lateral movement undermmmg washout and other hazards created by earthwork operations B Protect and maintain erosion and sedimentation controls 3 2 DEWATERING A Prevent surface water and ground water from entering excavations from ponding on prepared subgrades and from flooding Project site and surrounding area B Protect subgrades from softening undermining washout and damage by ram or water accumulation 1 Reroute surface water runoff away from excavated areas Do not allow water to accumulate in excavations Do not use excavated trenches as temporary drainage ditches 2 Install a dewatenng system to keep subgrades dry and convey ground water away from excavations Maintain until dewatenng is no longer required 3 3 EXPLOSIVES Do not use explosives 34 EXCAVATION GENERAL A Unclassified Excavation Excavate to subgrade elevations regardless of the character of surface and subsurface conditions encountered Unclassified excavated materials may include rock soil materials and obstructions No changes in the Contract Sum or the Contract Time will be authorized for rock excavation or removal of obstructions If excavated materials intended for fill and backfill include unsatisfactory soil materials and rock replace with satisfactory soil materials 35 EXCAVATION FOR WALKS AND PAVEMENTS A Excavate surfaces under walks and pavements to indicated Imes cross sections elevations and subgrades 36 UNAUTHORIZED EXCAVATION EARTHWORK 02300 4 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION A Fill unauthorized excavation under foundations or wall footings by extending bottom elevation of concrete foundation or footing to excavation bottom without altering top elevation Lean concrete fill with 28 day compressive strength of 2500 psi may be used when approved by Architect Fill unauthorized excavations under other construction or utility pipe as directed by Architect 3 7 STORAGE OF SOIL MATERIALS A Stockpile borrow soil materials and excavated satisfactory soil materials without intermixing Place grade and shape stockpiles to dram surface water Cover to prevent windblown dust 1 Stockpile soil materials away from edge of excavations Do not store within drip line of remaining trees 3 8 BACKFILL A Place and compact backfill in excavations promptly but not before completing the following 1 Construction below finish grade including where applicable subdramage dampproofing waterproofing and perimeter insulation 2 Surveying locations of underground utilities for Record Documents 3 Removing trash and debris 4 Removing temporary shoring and bracing and sheeting B Place backfill on subgrades free of mud frost snow or ice 3 9 SOIL FILL A Place and compact fill material in layers to required elevations as follows 1 Under planted areas use satisfactory soil material 2 Under walks and pavements use satisfactory soil material 3 Under steps and ramps use engineered fill 4 Under building slabs use engineered fill B Place soil fill on subgrades free of mud frost snow or ice 3 10 SOIL MOISTURE CONTROL A Uniformly moisten or aerate subgrade and each subsequent fill or backfill soil layer before compaction to within 2 percent of optimum moisture content 1 Do not place backfill or fill soil material on surfaces that are muddy frozen or contain frost or ice EARTHWORK 02300 5 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Remove and replace or scarify and au dry otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight 11 COMPACTION OF SOIL BACKFILLS AND FILLS A Place backfill and fill soil materials in layers not more than 8 inches in loose depth for material compacted by heavy compaction equipment and not more than 4 inches in loose depth for material compacted by hand -operated tampers B Place backfill and fill soil materials evenly on all sides of structures to required elevations and uniformly along the full length of each structure C Compact soil materials to not less than the following percentages of maximum dry unit weight according to ASTM D 698 Under structures building slabs steps and pavements scarify and recompact top 12 inches of existing subgrade and each layer of backfill or fill soil material at 95 percent Under walkways scarify and recompact top 6 inches below subgrade and compact each layer of backfill or fill soil material at 95 percent Under lawn or unpaved areas scarify and recompact top 6 inches below subgrade and compact each layer of backfill or fill soil material at 85 percent 312 GRADING A General Uniformly grade areas to a smooth surface free of irregular surface changes Comply with compaction requirements and grade to cross sections lines and elevations indicated Provide a smooth transition between adjacent existing grades and new grades Cut out soft spots fill low spots and min high spots to comply with required surface tolerances B Site Grading Slope grades to direct water away from buildings and to prevent ponding Finish subgrades to required elevations within the following tolerances Lawn or Unpaved Areas Plus or minus 1/2 inch Walks Plus or minus 1/2 inch Pavements Plus or minus 1/2 inch C Grading inside Building Lines Finish subgrade to a tolerance of 1/2 inch when tested with a 10 foot straightedge 13 SUBBASE AND BASE COURSES A Place aggregate course on subgrades free of mud frost snow or ice B On prepared subgrade place aggregate course under pavements and walks as follows EARTHWORK 02300 6 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION 1 Install separation geotextile on prepared subgrade according to manufacturer's written instructions overlapping sides and ends 2 Shape subbasecourse to required crown elevations and cross slope grades 3 Place subbasecourse 6 inches or less in compacted thickness in a single layer 4 Place subbasecourse that exceeds 6 inches in compacted thickness in layers of equal thickness with no compacted layer more than 6 inches thick or less than 3 inches thick 5 Compact subbasecourse at optimum moisture content to required grades lines cross sections and thickness to not less than 95 percent of maximum dry unit weight according to ASTM D 698 3 14 FIELD QUALITY CONTROL A Testing Agency Owner will engage a qualified independent geotechnical engineering testing agency to perform field quality control testing B Allow testing agency to inspect and test subgrades and each fill or backfill layer Proceed with subsequent earthwork only after test results for previously completed work comply with requirements C Footing Subgrade If footing subgrade is disturbed test will be performed to verify design bearing capacities D Testing agency will test compaction of soils in place according to ASTM D 1556 ASTM D 2167 ASTM D 2922 and ASTM D 2937 as applicable At a minimum tests will be performed at the following locations and frequencies 1 Trench Backfill At each compacted initial and final backfill layer at least 1 test for each 150 feet or less of trench length but no fewer than 2 tests E When testing agency reports that subgrades fills or backfills have not achieved degree of compaction specified scarify and moisten or aerate or remove and replace soil to depth required recompact and retest until specified compaction is obtained 315 PROTECTION A Protecting Graded Areas Protect newly graded areas from traffic freezing and erosion Keep free of trash and debris B Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded rutted settled or where they lose compaction due to subsequent construction operations or weather conditions I Scarify or remove and replace soil material to depth as directed by Architect reshape and recompact C Where settling occurs before Project correction period elapses remove finished surfacing backfill with additional soil material compact and reconstruct surfacing EARTHWORK 02300 7 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Restore appearance quality and condition of finished surfacing to match adjacent work and eliminate evidence of restoration to greatest extent possible 3 16 DISPOSAL OF SURPLUS AND WASTE MATERIALS A Disposal Remove surplus satisfactory soil and waste material including unsatisfactory soil trash and debris and legally dispose of it off Owner s property END OF SECTION EARTHWORK 02300 8 CITY OF FORT COLLINS 10 January 2008 SECTION 02780 UNIT PAVERS PART GENERAL 101 RELATED DOCUMENTS OLD TOWN SQUARE IRRIGATION A Drawings and general provisions of the Contract including General and Supplementary Conditions and Division 1 Specification Sections apply to this Section 102 SUMMARY A This Section includes the following 1 Concrete pavers set in sand setting bed 2 Edge restraints for unit pavers B Related Sections include the following Division 2 Section Earthwork" for compacted subgrade and subbase course if any under unit pavers 103 SUBMITTALS A Product Data For the following 1 Concrete pavers 2 Sand setting bed sieve analysis report 3 Sand joint filler sieve analysis report B Samples for Initial Selection Manufacturer's color charts consisting of units or sections of units showing the full range of colors textures and patterns available for each type of unit paver indicated 1 Include similar Samples of material for joints and accessories involving color selection C Samples for Verification Full size units of each type of unit paver indicated in sets for each color texture and pattern specified showing the full range of variations expected in these characteristics 1 Include Samples of exposed edge restraints D Qualification Data For firms and persons specified in "Quality Assurance Article to demonstrate their capabilities and experience Include lists of completed projects with project names and addresses square footage of unit pavers installed names and addresses of architects and owners and descriptions of subbase preparation UNIT PAVERS 02780 1 CITY OF FORT COLLINS 10 January 2008 104 QUALITY ASSURANCE OLD TOWN SQUARE IRRIGATION A Installer Qualifications An experienced installer who has completed unit paver installations similar in material design and extent to that indicated for this Project and whose work has resulted in construction with a mnnmum 5 year record of successful in service performance B Source Limitations Obtain each type of unit paver joint material and setting material from one source with resources to provide materials and products of consistent quality in appearance and physical properties C Mockups Before installing unit pavers build mockups for each form and pattern of unit pavers required to verify selections made under sample Submittals and to demonstrate aesthetic effects and qualities of materials and execution Build mockups to comply with the following requirements using materials indicated for the completed Work including same base construction special features for expansion joints and contiguous work as indicated 1 Build mockups in a location indicated as permanent installation and of the size indicated as directed by Engineer 2 Notify Engineer seven days in advance of dates and times when mockups will be constructed 3 Demonstrate the proposed range of aesthetic effects and workmanship 4 Obtain Engineer's approval of mockups before starting unit paver installation 5 Approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion 105 DELIVERY STORAGE AND HANDLING A Protect unit pavers and aggregate during storage and construction against soiling or contamination from earth and other materials Cover pavers with plastic or use other packaging materials that will prevent rust marks from steel strapping PART2 PRODUCTS 201 MANUFACTURERS A Available Manufacturers Subject to compliance with requirements manufacturers offering products that may be incorporated into the Work include but are not limited to the following B Manufacturers Subject to compliance with requirements provide products by one of the following Concrete Pavers a Hanover Engmeerural Products Inc b Hastings Pavement Co Inc c Pavestone Inc d Wassau Tile Inc Terra Paving Div UNIT PAVERS 02780 2 CITY OF FORT COLLINS 10 January 2008 202 COLORS AND TEXTURES OLD TOWN SQUARE IRRIGATION A Colors and Textures As indicated by manufacturer's designations as follows I Pavestone Plaza 1 Stones in random Pattern Color to be a random mix of 50% of each Pavestone standard color Old Town Blend and Winter Blend 2 Pavestone Plaza 1 Stones running bond pattern Color to be a random mix of 50% of each Pavestone standard color Old Town Blend and Winter Blend 203 UNIT PAVERS A Concrete Pavers Solid interlocking paving units ASTM C 936 made from normal weight aggregates in sizes and shapes indicated with minimum 28 day compressive strength of 5000 psi 204 AGGREGATE SETTING BED MATERIALS A Graded Aggregate for Subbase Sound crushed stone or gravel complying with ASTM D 448 for Size No 57 B Graded Aggregate for Base Sound crushed stone or gravel complying with ASTM D 448 for Size No 8 C Sand for Leveling Course and for Backfill around imgation pipe and conduit Sound sharp washed natural sand or crushed stone complying with gradation requirements of ASTM C 33 for fine aggregate D Sand for Joints Fine sharp washed natural sand or crushed stone with 100 percent passing No 16 (1 18 mm) sieve and no more than 10 percent passing No 200 (0 075 mm) sieve PART 3 EXECUTION kill] cof.1185II2041Rlei A Examine areas indicated to receive paving with Installer present for compliance with requirements for installation tolerances and other conditions affecting performance Proceed with installation only after unsatisfactory conditions have been corrected 302 PREPARATION A Compact subgrade surface to check for unstable areas and areas requiring additional compaction Proceed with unit paver installation only after deficient subgrades have been corrected and are ready to receive subbase for unit pavers 3 03 INSTALLATION GENERAL UNIT PAVERS 02780 3 CITY OF FORT COLLINS OLD TOWN SQUARE IRRIGATION 10 January 2008 A Do not use unit pavers with chips cracks voids discoloration and other defects that might be visible or cause staining in finished work B Mix pavers from several pallets or cubes as they are placed to produce uniform blend of colors and textures C Cut unit pavers with motor driven masonry saw equipment to provide clean sharp unshipped edges Cut units to provide pattern indicated and to fit adjoining work neatly Use full units without cutting where possible Hammer cutting is not acceptable 1 For concrete pavers a block splitter may be used D Joint Pattern As indicated E Tolerances Do not exceed 1/32 inch unit to unit offset from flush (lippage) nor 1/8 inch in 10 feet from level or indicated slope for finished surface of paving F Provide edge restraints as indicated Install edge restraints before placing unit pavers I Install Job built concrete edge restraints to comply with requirements in Division 3 Section "Cast in Place Concrete 304 AGGREGATE SETTING BED PAVER APPLICATIONS A Compact soil subgrade uniformly to at least 95 percent of ASTM D 1557 laboratory density B Place aggregate base in thickness indicated Compact by tamping with plate vibrator and screed to depth required to allow setting of pavers C Place leveling course and screed to a thickness of 1 to 1 1/4 inches taking care that moisture content remains constant and density is loose and constant until pavers are set and compacted Place leveling course such that installed unit pavers will set 1/8 to 1/4 niches above edge restraints D Treat leveling base with soil sterilizer to inhibit growth of grass and weeds E Set pavers with a minimum Joint width of 1/16 inch and a maximum of 1/8 inch being careful not to disturb leveling base If pavers have spacer bars place pavers hand tight against spacer bars Use string lines to keep straight lines Fill gaps between units that exceed 3/8 inch with pieces cut to fit from full size unit pavers When installation is performed with mechanical equipment use only unit pavers with spacer bars on sides of each unit F Vibrate pavers into leveling course with a low amplitude plate vibrator capable of a 3500 to 5000 lbf compaction force at 80 to 90 Hz Perform at least three passes across paving with vibrator Vibrate under the following conditions 1 After edge pavers are installed and there is a completed surface or before surface is exposed to rain UNIT PAVERS 02780 4 SECTION 00100 INSTRUCTIONS TO BIDDERS CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Before ending each day's work fully compact installed concrete pavers to within 36 inches of the laying face Cover open layers with nonstaining plastic sheets overlapped 48 inches on each side of the laying face to protect it from ram G Spread dry sand and fill Joints immediately after vibrating pavers into leveling course Vibrate pavers and add sand until Joints are completely filled then remove excess sand Leave a slight surplus of sand on the surface for Joint filling H Do not allow traffic on installed pavers until sand has been vibrated into Joints Repeat Joint filling process 30 days later 3 05 REPAIR POINTING CLEANING AND PROTECTION A Remove and replace unit pavers that are loose chipped broken stained or otherwise damaged or that do not match adjoining units as intended Provide new units to match adjoining units and install in same manner as original units with same joint treatment and with no evidence of replacement END OF SECTION UNIT PAVERS 02780 5 No Text CITY OF FORT COLLINS 10 January 2008 SECTION 02810 IRRIGATION PART GENERAL 101 SCOPE OLD TOWN SQUARE IRRIGATION Furnish all labor materials supplies equipment tools and transportation and perform all operations in connection with and reasonably incidental to the complete installation of the irrigation system and guarantee/warranty as shown on the drawings the installation details and as specified herein Items of work specifically included are A Procurement of all applicable licenses permits and fees B Marking of existing utility locations with chalk based paint for easy removal C Connection of irrigation mainline from existing irrigation tap D Installation of irrigation system E Connection of irrigation control system F Maintenance period 102 RELATED WORK A Drawings and general provisions of the Contract including General and Supplementary Conditions and Division 1 Specification Sections apply to this Section 103 SUBMITTALS A Submit work schedule naming dates that each phase and task will be completed to ensure work completion by May 2 2008 B Materials List Include pipe fittings mainline components water emission components control system components Quantities of materials need not be included C Manufacturers Data Submit manufacturer's catalog cuts specifications and operating instructions for equipment shown on the materials list D Shop Drawings Submit shop drawings called for but not included in the installation details Shop products required for proper installation their relative locations and critical dimensions Note modifications to the installation detail E Controller Charts Submit controller charts for review IRRIGATION 02810 1 CITY OF FORT COLLINS 10 January 2008 104 RULES AND REGULATIONS OLD TOWN SQUARE IRRIGATION A Work and materials shall be in accordance with the latest edition of the National Electric Code the Uniform Plumbing Code as published by the Western Plumbing Officials Association and applicable laws and regulations of the governing authorities B When the contract documents call for materials or construction of a better quality or larger size than required by the above mentioned rules and regulations provide the quality and size required by the contract documents 105 TESTING A Notify the Owner s Representative three days in advance of testing B Pipelines jointed with rubber gaskets or threaded connections may be subjected to a pressure test at anytime after partial completion of backfill Pipelines Jointed with solvent welded PVC Joints shall be allowed to cure at least 24 hours before testing C Subsections of mainline pipe may be tested independently subject to the review of the Owner s Representative D Furnish clean clear water pumps labor fittings and equipment necessary to conduct tests or retests E Hydrostatic Pressure Test Backfill to prevent pipe from moving under pressure Expose couplings and fittings Subject mainline pipe to a hydrostatic pressure equal to 100 psi for two hours Leakage will be detected by visual inspection Upon detection of leaks replace defective pipe fitting joint valve or appurtenance as appropriate to eliminate leak Repeat the test until the pipe passes test (no leaks) The Owner s Representative must visually verify the test result and provide written approval F Coverage Test Activate each remote control valve in sequence The Owner's Representative will visually observe water application patterns Adjust or move system components to correct coverage deficiencies Repeat the test until the system passes test G Cement or caulking to seal leaks is prohibited 106 REVIEWS A Sprinkler Layout Review IRRIGATION 02810 2 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION 1 Notify Owner's Representative three days in advance of review Static pressure at water supply must be venfied prior to review 2 Stake each sprinkler location remote control valve assembly gate valve and all other irrigation system assemblies (including mainline and lateral lines) Different sprinkler types shall be clearly marked Revise layout as directed by Owner's Representative Layout review may be repeated at discretion of Owner's Representative 3 All landscape edging tree locations and other known site features must be staked or clearly marked prior to sprinkler layout review 4 Where the irrigation system must be modified due to discrepancies between the irrigation plans and actual site conditions the layout shall be modified per the direction of the Owners Representative Where modifications result in the addition or deletion of irrigation equipment the Contractor shall be paid or the Owner credited perirrigation unit cost schedule 5 Layout review shall occur prior to installation of irrigation system unless otherwise directed by Owner's Representative B Review will occur at substantial completion of irrigation system C Final review will be performed after completion of punch list items and the completion of record (as built) drawings 107 GUARANTEE/WARRANTY AND REPLACEMENT The purpose of this guarantee/warranty is to insure that the Owner receives irrigation materials of prime quality installed and maintained in a thorough and careful manner A For a period of one year from the date of final acceptance guarantee/warranty irrigation materials equipment and workmanship against defects Fill and repair depressions Restore landscape or structural features damaged by the settlement of irrigation trenches or excavations Repair damage to the premises caused by a defective item Make repairs within three days of notification from the Owner's Representative B Contract documents govern replacements the same as new work Make replacements at no cost in contract price C Guarantee/warranty applies to originally installed materials and equipment and replacements made during the guarantee/warranty period IRRIGATION 02810 3 CITY OF FORT COLLINS OLD TOWN SQUARE IRRIGATION 10 January 2008 PART 2 MATERIALS 201 QUALITY A Materials used in the system shall be new and without flaws or defects of any type and shall be the best of their class and kind 202 SUBSTITUTIONS A Substitutions are not encouraged and as a general rule will not be allowed B Submit requests for substitutions prior to bidding Subsequent requests for substitutions will be considered only when a product becomes unavailable C Submit complete data showing compliance with the Contract Documents D In making a request for substitution the Contractor represents that he Has investigated the proposed substitution and found that it is of the same or better quality level capacity function or appearance than the specified product Will coordinate installation and make modifications to the work which may be required for complete installation Will bear all costs resulting from necessary changes caused by the substitution The Owner will determine acceptability of proposed substitution and will notify Contractor of acceptance or rejection F Pipe sizes referenced in the construction documents are minimum sizes and may be increased at the option of the Contractor 203 ALTERNATE CONTROL SYSTEM A Bid may be submitted for installation of Phase 1 only in 2008 B Bid may be submitted for installation of two wire control system as sold by Weathermatic Toro or Underhill International as an alternative to existing controller and conventional multiple control wiring system C Bid may be submitted for irrigation pipe access to pavilion area by altenative means 204 SLEEVING A Install separate sleeve beneath paved areas to route each run of irrigation pipe or wiring bundle as shown on drawings B Sleeving material beneath pedestrian pavements shall be PVC Class 200 pipe with solvent welded Iomts IRRIGATION 02810 4 CITY OF FORT COLLINS OLD TOWN SQUARE IRRIGATION 10 January 2008 C Sleevmg beneath drives and streets shall be PVC Schedule 40 pipe with solvent welded Joints D Sleevmg diameter As indicated on the drawings and installation details but not less than twice the nominal size of pipe held within 205 PIPE AND FITTINGS A Mainline Pipe and Fittings Use rigid unplasticized polyvinyl chloride (PVC) 1120 1220 National Sanitation Foundation (NSF) approved pipe extruded from material meeting the requirements of Cell Classification 12454 A or 12454 B ASTM Standard D 1784 with an integral belled end Use Schedule 40 conforming to the dunensions and tolerances established by ASTM Standard D1785 Use Schedule 40 Type 1 PVC solvent weld fittings conforming to ASTM Standards D2466 and D1784 Use primer approved by the pipe manufacturer Solvent cement to conform to ASTM Standard D2564 B Lateral Pipe and Fittings Use rigid unplasticized polyvinyl chloride (PVC) 1120 1220 National Sanitation Foundation (NSF) approved pipe extruded from material meeting the requirements of Cell Classification 12454 A or 12454 B ASTM Standard D1784 with an integral belled end suitable for solvent welding 2 Use Class 200 SDR 21 rated at 200 psi conforming to the dimensions and tolerances established by ASTM Standard D2241 a Fittings for PVC pipe shall be Schedule 40 Type I PVC solvent weld fittings ASTM Standards D2466 and D1784 b Use primer approved by the pipe manufacturer Solvent cement to conform to ASTM Standard D2564 of a type approved by the pipe manufacturer C Specialized Pipe and Fittings Copper pipe Type K" rigid conforming to ASTM Standard B88 Fittings shall be wrought copper or cast bronze soldered or threaded per the installation details Solder shall be 95% tin and 5% antimony Use a dielectric union wherever a copper based metal (copper brass bronze) is Joined to an iron based metal (iron galvanized steel stainless steel) Assemblies calling for threaded pipe connections shall utilize PVC Schedule 80 nipples and PVC Schedule 40 threaded fittings IRRIGATION 02810 5 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Joint sealant Use only Teflon type tape pipe Joint sealant on plastic threads Use nonhardening nontoxic pipe Joint sealant formulated for use on water carrying pipes on metal threaded connections 206 MAINLINE COMPONENTS A Isolation Ball Valve Assembly as presented in the installation details B Quick Coupling Valve Assembly swing Joints as presented in the installation details C Remote Control Master Valve install as presented in the installation details D Winterization Assembly Install as presented in the installation details on backflow preventer at approximate location shown on plan Install quick coupler valve assembly for the purpose of winterization on PVC pipe near Old Town Square point of connection 207 SPRINKLER IRRIGATION COMPONENTS A Remote Control Valve (RCV) Assembly for Sprinkler and Drip Laterals as presented in the installation details B Sprinkler Assembly as presented in the drawings and installation details C Irrigation Controller Unit Attach control wire to existing controller as shown on plan Wire markers Prenumbered or labeled with indelible nonfadmg ink made of permanent nonfadmg material D Control Wire 1 Electric wire from the controller unit to each remote control valve shall be American Wire Gauge (AWG) No 14 solid copper Type OF cable UL approved for direct underground burial Common wire shall be AWG No 12 solid copper Type OF cable UL approved for underground burial 2 Color Wire color shall be continuous over its entire length Use white for common ground wire Make no underground splices in common wire except at valves Use easily distinguished colors for other control wires Spare control wires shall be of a color different from that of the active control wire Use different wire colors for the common control and spare for each controller NO EXCEPTIONS 3 Splices As presented in installation details 4 Encase wiring not located near PVC irrigation pipe in PVC Schedule 40 electrical conduit All wire under sidewalks and pavements shall be encased in a sleeve 208 DRIP IRRIGATION IRRIGATION 02810 6 CITY OF FORT COLLINS 10 January 2008 A As shown on plan and details 209 OTHER COMPONENTS OLD TOWN SQUARE IRRIGATION A Tools and Spare Parts Provide operating keys servicing tools test equipment other items and spare parts indicated in the General Notes of the drawings PART 3 EXECUTION 301 INSPECTIONS AND REVIEWS A Site Inspections 1 Verify site conditions and note irregularities affecting work of this section Report irregularities to the Owner s Representative prior to beginning work 2 Beginning work of this section implies acceptance of existing conditions B Irrigation System Layout Review Irrigation system layout review will occur after the layout has been completed Notify the Owner s Representative two days in advance of review Modifications will be identified by the Owner's Representative at this review C Verify locations of underground utilities and make markings with chalk based paints for easy removal 302 LAYOUT OF WORK A Stake out the irrigation system Items staked include sprinklers pipe control valves controller and isolation valves Any markings must be made with chalk based paint 3 03 EXCAVATION TRENCHING AND BACKFILLING A Excavate to permit the pipes to be laid at the intended elevations and to permit work space for installing connections and fittings B Minimum cover over all pipe and wire shall be as presented in the installation details C PVC lateral pipes may not be pulled into the soil utilizing a vibratory plow device Minimum burial depths per installation details D Backfill only after lines have been reviewed and tested E Excavated material is generally satisfactory for backfill Backfill shall be free from rubbish vegetable matter frozen materials and stones larger than two inches in maximum dimension IRRIGATION 02810 7 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Remove material not suitable for backfill Backfill placed next to pipe shall be free of sharp objects and rocks which may damage the pipe Backfill unsleeved pipe in either of the following manners Backfill and puddle the lower half of the trench Allow to dry 24 hours Backfill the remainder of the trench in 6 inch layers Compact to density of surrounding soil Backfill the trench by depositing the backfill material equally on both sides of the pipe in 6 inch layers and compacting to the density of surrounding soil G Enclose pipe and wiring beneath roadways walks curbs etc in sleeves Mimmum compaction of backfill for sleeves shall be 95% Standard Proctor Density ASTM D 698 78 Use of water for compaction around sleeves "puddling " will not be permitted H Dress backfrlled areas to original grade Incorporate excess backfill into existing site grades Where utilities interfere with irrigation trenclung and pipe work contact the Owners Representative for trench depth adjustments 304 IRRIGATION TAP AND WATER METER A Connect to tap and water meter as shown on irrigation plan 305 SLEEVING AND BORING A Install sleevmg at a depth which permits the encased pipe or wiring to remain at the specified burial depth B Extend sleeve ends six inches beyond the edge of the paved surface Cover pipe ends and mark with stakes Mark concrete with a chiseled "X" at sleeve end locations C Bore for sleeves under obstructions which cannot be removed Employ equipment and methods designed for horizontal boring 306 ASSEMBLING PIPE AND FITTINGS A General Keep pipe free from dirt and pipe scale Cut pipe ends square and debur Clean pipe ends Keep ends of assembled pipe capped Remove caps only when necessary to continue assembly B Mainline Pipe and Fittings Use only strap type friction wrenches for threaded plastic pipe 2 PVC Solvent Weld Pipe IRRIGATION 02810 8 SECTION 00100 INSTRUCTIONS TO BIDDERS 1 0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No 1910-8 1990 ed ) have the meanings assigned to them in the General Conditions The term "Bidder means one who submits a Bid to OWNER as distinct from a sub -bidder who submits a Bid to Bidder The terms "Successful Bidder, - means the lowest qualified responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award The term "Bidding Documents" includes the Advertisement or Invitation to Bid Instructions to Bidders the Bid Form and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids) 2 0 COPIES OF BIDDING DOCUMENTS 2 1 Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid No partial sets will be issued The Bidding Documents may be examined at the locations identified in the Invitation to Bid 2 2 Complete sets of Bidding Documents shall be used in preparing Bids neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents 2 3 The submitted Bid proposal shall include Sections 00300 00410 00420 and 00430 fully executed 2 4 OWNER and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use 3 0 QUALIFICATION OF BIDDERS 3 1 To demonstrate qualifications to perform the Work each Bidder must submit at the time of the Bid opening a written statement of qualifications including financial data a summary of previous experience previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract The Statement of Qualifications shall be prepared on the form provided in Section 00420 3 2 In accordance with Section 8-160 of the Code of the City of Fort Rev 10/20/07 Section 00100 Page 1 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Use primer and solvent cement Join pipe in a manner recommended by the manufacturer and in accordance with accepted industry practices Cure for 30 minutes before handling and 24 hours before allowing water in pipe Snake pipe from side to side within the trench Snake pipe from side to side within the trench Install thrust blocks as specified in the installation details C Lateral Pipe and Fittings Use only strap type friction wrenches for threaded plastic pipe PVC Solvent Weld Pipe a Use primer and solvent cement Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices b Cure for 30 minutes before handling and 24 hours before allowing water in pipe c Snake pipe from side to side within the trench D Specialized Pipe and Fittings Copper Pipe Buff surfaces to be Joined to a bright finish Coat with solder flux Solder so that a continuous bead shows around the Joint circumference Insert a dielectric union wherever a copper based metal (copper brass bronze) and an iron based metal (iron galvanized steel stainless steel) are Joined PVC Threaded Connections Use only factory formed threads Field cut threads are not permitted Use only Teflon type tape When connection is plastic to metal the plastic component shall have male threads and the metal component shall have female threads Make metal to metal threaded connections with Teflon type tape or pipe Joint compound applied to the male threads only 307 INSTALLATION OF MAINLINE COMPONENTS A Backflow Prevention Assembly Install where indicated on the drawings Install assembly so that its elevation orientation access and drainage conform to the manufacturer's recommendations and applicable health codes Include Strong Box enclosures B Isolation Ball Valve Assembly Install where indicated on the drawings IRRIGATION 02810 9 CITY OF FORT COLLINS OLD TOWN SQUARE IRRIGATION 10 January 2008 C Quick Coupling Valve Assembly Install where indicated on the drawings D Winterization Assembly Install where indicated on the drawings on backflow if possible 308 INSTALLATION OF SPRINKLER IRRIGATION COMPONENTS A Remote Control Valve (RCV) Assembly for Sprinkler Laterals Flush mainline before installation of RCV assembly Install where indicated on the drawings Wire connectors and waterproof sealant shall be used to connect control wires to remote control valve wires Install connectors and sealant per the manufacturer's recommendations Adjust RCV to regulate the downstream operating pressure B Sprinkler Assembly Flush lateral pipe before installing sprinkler assembly Install per the installation details at locations shown on the drawings Set sprinklers perpendicular to the finish grade Supply appropriate nozzle or adjust arc of coverage of each sprinkler for best performance Adjust the radius of throw of each sprinkler for best performance 309 INSTALLATION OF DRIP COMPONENTS A Remote Control Valve (RCV) Assembly for Drip Laterals Flush mainline before installation of RCV assembly B Dnpperlme Install as shown drawings and details and as recommended by manufacturer Flush drip laterals and dripperline thoroughly before completion of each lateral At completion of lateral installation note and record pressure at flush/test valve 3 10 INSTALLATION OF CONTROL SYSTEM COMPONENTS A Imgation Controller Unit The location of the controller unit as depicted on the drawings is approximate Lightning protection Provide on all remote control valve wiring as recommended by the manufacturer Provide other components such as ground rod grounding wire etc to manufacturer's recommendations Install primary surge protection arrestors on incoming power lines Install one valve output surge protection arrestor on each control wire and one for the common wire IRRIGATION 02810 10 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Attach wire markers to the ends of control wires inside the controller unit housing Label wires with the identification number (see drawings) of the remote control valve to which the control wire is connected Connect control wires to the corresponding controller terminal B Control Wire 1 Bundle control wires where two or more are in the same trench Bundle with pipe wrapping tape spaced at 10 foot intervals 2 Provide a 24 inch excess length of wire in an 8 inch diameter loop at each 90' change of direction at both ends of sleeves and at 100 foot intervals along continuous runs of wiring Do not tie wiring loop Coil 24 inch length of wire within each remote control valve box 3 Install common ground wire and one control wire for each remote control valve Multiple valves on a single control wire are not pemutted Install Four (4) spare control wires and one (1) spare common wire along the entire length of the mainline Provide a 24 inch length of wire from each end of the spare control wires coiled in the control enclosure and provide a 24 inch length of coiled wire for each spare control wire in a 6 inch round valve box at each distal end of the mainline pipe 4 If a control wire must be spliced make splice with 3M DBY type wire connectors installed per the manufacturer's instructions Locate splice in a valve box which contains an irrigation valve assembly or in a separate appropriately sized valve box Use same procedure for connection to valves as for in line splices 5 Unless noted on plans install wire parallel with and under PVC mainline pipe 6 Encase wire not installed with PVC mainline pipe in electrical conduit 10 INSTALLATION OF OTHER COMPONENTS A Tools and Spare Parts Prior to final acceptance supply to the Owner operating keys servicing tools test equipment spare parts indicated in the General Notes on the drawings and any other items indicated on the drawings B Other Materials Install other materials or equipment shown on the drawings or installation details to be part of the irrigation system even though such items may not have been referenced in these specifications 11 PROJECT RECORD DRAWINGS A Prior to substantial completion obtain from the Owner s Representative copies of the appropriate Drawings in AutoCAD format Using AutoCAD duplicate information contained on the Record Drawings maintained on site Provide electronic AutoCAD format as built drawings on compact disc to the Owner Label each sheet' Record Drawing" On the first sheet the Contractor or resident superintendent shall execute the following statement IRRIGATION 02810 11 CITY OF FORT COLLINS 10 January 2008 OLD TOWN SQUARE IRRIGATION Having reviewed this document and all attachments I affirm that to the best of my knowledge the information presented here is true and accurate Signed Position B Record pipe and wiring network alterations Record work which is installed differently than shown on the construction drawings Record accurate reference dimensions measured from at least two permanent reference points of each irrigation system valve each backflow prevention device each controller or control unit each sleeve end and other imgathon components enclosed within a valve box 3 12 CONTROLLER CHARTS A Prior to final acceptance prepare a reduced copy of the as built plans with valve numbering clearly highlighted at the reduced scale The reduced plan shall be sized to fit flat within the controller laminated in plastic and placed in the controller 313 CLEANUP A Upon completion of work remove from the site all machinery tools excess materials and rubbish END OF SECTION IRRIGATION 02810 12 EOUPMENT SCH DOLE SPRWLER SCHEDULE GENERAL IRRIGATION NOTES SYMBOL DESCRIPTION Ooy' a dN IXn v5 W WR P'AN k 44 men u.or. as NE. q us a»x ®EIEwvR w.K q R Ws ss WzswH n w EIEf.Y% MW[U CP'WR �Nfq MwW Rm mu en' rt u I �w/ Es RRq .qYA Eot ww.ac ort nnss.cKm ss w .E wEs acRrs Pw. O P.c mnw.zK .es• Rw am W e n W PoIR Wi uII R w5 4E Yv3 aw mm R ss wvw H R KKA Sfi9. W lw W w.w p.9 WI e Ruw/R vNH vN WLL MN R R OewW iW LP'mIX v5 W A I4 ww w mwoa m uR 1 55 i0u �[ cw�iwavxK� ACM O �[ PoLrt �Hu(W wd Aq.M rt Y �� Aim x[ [ Ymax Swa'c } pT pNW aT uwx [ f a WR w K' 1. Y.VAW wM } wwd b IN W W Evq wwAlwd%.w WttIN )xaµ 4H w&dMtl W[ wM aM. H O.wFn xn wd �' NH w.�survwRusMai.a R Wui WWWRIX / rtRh PPE SCHEDULE (MP oP�rol B Im I n wIKI In I1— n ex ) M m m R R I PI 1 P P PP S M m m fl (GPM) Pa cPoP. SLEEVNG SCHEDULE % .a/ wRR o�wnn. xwao s.EE.c / n �omm�.a n oqm ra �aMw 4�wtlw pMv 2,04MYM� .... R•+. .« caa. ceN .N P.... Pww..A SYNBCI CEENEENiq WM1E ✓-0[ xOZRE c s li PN mro.N msw Ws w NON901.11 nYI pYP[ GG gp/ry}n[ }t WwE LFif SW� i[q wx Aq/xq[ O W em, ,, VAS ED SEE eORWs u W au n Wi w. e avu Ws m ® w.avngn au W W o .moo/wu wu Was m W w[S W8 _ R IXRq w 4AEx [e gEfiluE R N Wi[xtl aw4�fl[ ad IqE LLS pL 'A 44 iMIR[�W &NWS [0 q�w.�P/p qV EVIM inlR[56fR� DRPLNE NOTES cR pR RqM' axl w [Na YFLO 6E PV xKK.� w im vgMw4 w�.e�ua w caa.. ma.w"'r.�`R ma"wiars �ai�W aA�`nmss�[w ism IN W 0.H d d R�Fl 4a M4:K NYNM PAv YN. fP[AS M f 6 4 [P O Itw WG If!£q R Rwl w[MW xuf /WAEw ryS NftlM R M C Y.YIW MO.V'OIXMY w RN.%'[ aH l 1 6M WH 6Aufl [�[ R4 [ M pM Y M �S KfMtq[0 m a9k ww(NNRA omrz sx mam iWwXNss a vR ac Wrc sWi Aw Eu E s ED R urmo ME na »ounc w uE 6 m[ ws MauMw' mJ R4 CwRC�6 HSOHHi Hm wIrs IxwW Eu mV v(u wi wo ENIT ,,NngmaPu wa aaue Lac aroma P.ac .o .� wrap awKaas o<a.Nc .wrxnR s R�wW[59M M' Sxn WK Wa dgwWUR[pA am�w4 SYSTEM OPERATION OLD TOWN SQUARE IRRIGATION V JANUARY 2008 SPRWLER NOTES SEw i0 Cf Imw EP L P M GPeRE NI E W EN, �RaRwpC01M 0 S 4N01 E R e+oxERnsE u .s N o+e W u as W w I EK ERR WEPA4E w� S IXE SSfm nvG iw w µV YK 50 45 FPOn RCP[ OA MOE � NV St W COSE Cw [mWwx u vneoN.rz � o s f , a c w n oN m a rH NH W wmss R� x�wu o.rcm Rww u E Yw eEw EPM xa PEuax Pau OR.EM11i TIIE 1.1100 a@T NP \ rem wrc [ rco wiu m usu cwrn m ai . sw. sum m o wmxc rx[u mi�rt mnvaz i s � Q�s wawipd CURFdAHi� G \ POND OF CONECTId1 \ \ \VA mm I �� mn wn \VA 1 \ vv n L rzm u [ .maw [ass n.x [ w // q Y[M Wl�S M 11 s¢ sx[n oz mwmoan eev cauexr o.[re eew ne xw o[v[[oeee:m ® oenmx er ocm WMObIr __ aeG eu OLD TOWN SQUARE aeem.e, IRRIGATION IRRIGATION PLAN n � s�meflV coos V xm sr oenww m[f. m mee. L1101 1u m IN PW � ��a XEY 0.N1 D U —_—_—_--_— �� m A c t —ddeooMF aEv cw¢rt o a eE.w ,oeww OfVFIOPIRM ® Y41 •YIIgEIY EI[C 9U OLD TOWN SQUARE omem.a IRRIGATION n. ,IRRIGATION PLA w JJiMN1RY'NOe •• w o.i e..eNn. N.Mu JJo er Nsnr� .... ¢c v , LI102 VUNN➢ 02 M TO 4a 9YY ����� NEY 0.JN b � i D erwu w1 aFerz G vt.o.ta rre � � 1 / p.4 tl •F N Y Y Ra6[ �� 1 6 t Y 4 9 p+ \+1 'tb 11 Ip E 5 RXM 5 W40.W WIIC VF' 6 VIIKS C Y1 '�'. �' \\ 11 4MNt[0 ft.WIW 6MNE 0.NXGMw W SM '� \\ 11 t � VA 11 i 103 A i i 1 1 _ i F� 9 t u i 103 B ooxwowo pfVFlppE(M �YIMWIIY L14 Yati 4wW�wws uo Fat YVY61 `r i pl Taw FGwa fat La�M1 CWW SW MO fst LeF LMwW IOYt Y TO W N18 M iN IN tYY �Yab�w M J AW 2M %flE f Otl w., ,oF xo, O BV OfY O!c BG O IRRIGATION wwNB TIIF. L1103 81EEI ND ,., M.o.,...,.,. .,.��. ,.e..��..w..~•R R,,.. C �� VV/LNAfpa NEV M AMKY . x1sT91 ME A39xRLY V 1NNIUEx a� V NATO" BNL yaw A omy N o POP Nd1O1E OONIM VALVE ASSBKY IF S—PPVY xVENl91 AB0RY , III go-••• \ .a wove• �"n` G IIOff NB MOIfIM B®OYx 1 `""'°°"' nA$xNA�N®IT1P1 N � LOx ROx M VALVE ABSEMLY 0 ON ROE M VXV6 &Mfty /1_ya cmm VALVE AANNEIY P ------------ A EINxE W.. M wx.v wo n a w. w /LRVEI VALVE A88BxLY ..V n �NANONO POT xATEM - wvwOvwEm � m ww nxxomr eu ® OLD TOWN SQUARE IRRIGATION u.re rYMRRIGATION DETA I Oy YVv E�wW�wavv tlp Fal lloN�M Anew VJA APY ROOM .: ca 'P� eaw Ctli°° L1501 war xw Iw am w xm 1 wO 1M P0M ��� � RE RNI Collins in determining whether a bidder is responsible the following shall be considered (1) The ability capacity and skill of the bidder to perform the contract or provide the services required (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference (3) the character integrity reputation judgment experience and efficiency of the bidder (4) the quality of the bidder's performance of previous contracts or services (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service (7) the quality availability and adaptability of the materials and services to the particular use required (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract and (9) any other circumstances which will affect the bidder's performance of the contract 3 3 Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work 3 4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes licenses or other monies due to the City 4 0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4 1 It is the responsibility of each Bidder before submitting a Bid to (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with local conditions that may in any manner affect cost progress or performance of the Work (c) familiarize himself with federal state and local laws ordinances rules and regulations that may in any manner affect cost progress or performance of the Work (d) study and carefully correlate Bidder's observations with the Contract Documents and (e) notify Engineer of all conflicts errors or discrepancies in the Contract Documents 4 2 Reference is made to the Supplementary Conditions for identification of Subsurface and Physical Conditions SC-4 2 4 3 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4 that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means methods techniques sequences or procedures of construction as may be indicated in or required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work Rev 10/20/07 Section 00100 Page 2 5 0 INTERPRETATIONS AND ADDENDA 5 1 All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda Questions received less than seven days prior to the date for opening of the Bids may not be answered Only questions answered by formal written Addenda will be binding Oral and other interpretations or clarifications will be without legal effect 5 2 All questions concerning the scope of this project should be directed to the Engineer Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division 5 3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer 5 4 Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents 6 0 BID SECURITY 6 1 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds 6 2 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security whereupon Bid Security will be returned If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening whereupon Bid Security furnished by such Bidders will be returned Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening 7 0 CONTRACT TIME The number of days within which or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement 8 0 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement Rev 10/20/07 Section 00100 Page 3 9 0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract if awarded will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement" The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements 10 0 SUBCONTRACTORS SUPPLIERS AND OTHERS 10 1 Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work Refer to Section 00430 contained within these Documents 10 2 If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor either may before the Notice of Award is given request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price If the apparent successful Bidder declines to make any substitution OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors Subcontractors suppliers other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions 10 3 CONTRACTOR shall not be required to employ any subcontractor supplier or other persons or organizations against whom he has reasonable objection The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work 11 0 BID FORM 11 1 A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder A separate unbound copy is enclosed for submission with the Bid 11 2 Bid Forms must be complete in ink or typed All lump sum prices on the form must be stated in words and numerals in case of conflict words will take precedence Unit prices shall govern over extensions of sums Rev 10/20107 Section 00100 Page 4 EOUPMENT SCHEDULE SPRWLER SCHEDULE GENERAL RRIGATION NOTES m Pw ¢cw<Hx d.. w mz �WpM« O °Y a xf4u[0 az P[ox' m[ YKK LLurz _ _ _ _ wG YM M d eMs d M IFl Mewl rc weG S M5' SCN rc fvwlu W d W� / �MFWY WCl (YI M� M p�wro �nw,lof Mr M wwEss MMn4 wG LL vl qu WH P4Cg K 0 px caaM wrclaww Pr w A &Ol dlpl wYS pl M¢bpW4 Px S.pR Z(.aS Mrs Ul FO f4 P+l Y R 4 `R' � 9Z�K MiGH Y & pl pn Ml 0.w 9W Frt B w� A Nrc P,I e-. a vn Op � w: cm xa n5 w [d M E q5 ✓�.' i5 III 12 �� rtu wlm M¢ wiq na M�eq w]R lunvJ. W R 9Z[ uNH O MYA W.ttI fK M PM IJYC 4Pou4 M Mf M fYR[ ROw Wf Mn Ewif �WVG E W PipUSr[M uw app Su16K1 PEA 2n cwmM�PCM [wlR Y.b vMe WEw �W y NN RNt Y m.FR Ww M 1 4a d[ ✓[ & w M x MZ M.YI 6 9EYM PX %IM Po H 03q[ owi WYB.tl IX / ¢ Y PPE SCHEDULE Imp w l f I m p ml l lroH n a) M m m E R 1 P 1 Ppe Pp SE M m m f fCPM1 P.c sc w i w SSLLEEV14G SCHEDULE _ n M WI MQ 'A MM('PRS SnBh LfsLRTp uDJE WEE E 5 rt RN O e O rtv uw ® 0.V ® spP m PmNw Aw P..r.mn u m f3 _ F. IXRW W 9nlµ[ /0115� ryp wgfiW wMl gHOn °W ¢ pl wxER W r� OA{ N n DRPLIFE NOTES M1P vgiE K RMI W EIXN YmF F9 �.mf M� M u%Y(S KK °w¢ wwHK 3 IH.N .mMCP w Ewdl q ua mf Hw 'ssr°P¢N' wd� s a rcM�� dM[R PM Pow w Wl [ ¢ lWE ftw w [ 4 wW.' ��� H Lwl w Ph Ww f uN MrH IX F R R 4H w vnMd.nV wSVYMWPmIw W✓.Ed � uwuG m 49 mE TK wPX/R RMK wE.PS H va 5 wlmMt pH uB wlw.' VS M u[ A vN FW w uKKx rc ma Ln WNW %Np M¢W p ftw M ¢r0 R R.w w W WM /BAIw 4n S4 NPW w tl m:N wPa rrt 1 us wEH»u la Zed[ � rI9 tt�E pu a xrwM a s uew uuFK urt H. s. rs u or va wW K W i �«u d r`xNE aMa°re w`P[vwsa E nEew ors 4wwrp° w wM «�irw w w v aE qmw[ [ d cw.wNd H SHPN wRM APE paE wr dl W ue .Ns uY W qx5 � UAW obC HRPL IXYM .w N YWiC EUw.'F pu 0. CN,r.'E uuN![ HF id ¢9 wL wE a / WK M uY d wPu vry M N w pP...N SYSTEM OPERATION E OPo Oq N N R0.M1 wn H ODIC W Mtt W pp MWM(W/N LEVEIopMEWr OLD TOWN SQUARE IRRIGATION 10 J M mY ROpp 6 W Otl town eaww Gwww An O pdswne~ a wo m E P0.µ p M 4 BE dl w ut k W EP wp mp W b s Pa W W W d OxxE Z[Oµw GQ 0 M KW Oxs W K PEA R Eft d+ w[ EsaW M EMp �µ Cx 0 Ol E CWNELT m <W 1000A w°W M en msa ncPw N Hsi M W w Kw .P FP v.m sru NMP w AaEw P E ala[ w N ala' h5 RE 0E NWN nrt ax MWPo W N K �Pf M E rcm o ME K w pP OI W q E El M 0 uFP E IGM E �£ Rf M pE EO W GWOESGv Ba uE OPs W EWxNE W FE q5 M OM W M bHs N W N u+ c5 Ow w R m 5W NKO SPWSP ME w e0E R[WES in N Po rtm0 K m sx H m ry m CM NSµK ME C455 L(xG� MnC CW ESLEK asd CfE [ E 0 ECw WE Z EC W W ZE iA �N 5 OG 6E M W USE 4Eµ [ � Nl[° w u1 M w SWm r� w K N L rc UU Mf CW qF wSW WE s ECVU� Pos M r5 u M 45'E°Bo W wdE K NP µ 4K SPRINKLER NOTES op o[ sw+ FE s w. ww .xP sf s Errs �PEPw .a m o< a E wu E a as r owE wN srcwu S K W«OBSm GTw15I PO w's RE R Ei � EfliE SG 0 S PPEVE 0 Oh NS N SMM1 MK F E� w0 POP W NEE AA° pEm C� V/.xE M 50 u sKWwwcK ago au oP Pr N' PEK aK Mc �s s c�a Pr Ew P� n E �pw w Pa w .c NK °E 1°E o N Se gEus vM M pE 4 E Yf W M Nf E+0 arm u ■ • ePu wpP xw. °R1NN wwle mrr, L1100 war Iw 11 3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary The corporate address and state of incorporation shall be shown below the corporate name 11 4 Bids by partnerships must be executed in the partnership name and signed by a partner his title must appear under his signature and the official address of the partnership must be shown below the signature 11 5 Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant The full name of each person or company interested in the Bid shall be listed on the Bid Form 11 6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form) 11 7 No alterations in Bids or in the printed forms therefore by erasures interpolations or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder if initialed OWNER may require the Bidder to identify any alteration so initialed 11 8 The address and telephone number for communications regarding the Bid shall be shown 12 0 BID PRICING Bids must be priced as set forth in the Bid Schedule or Schedules 13 0 SUBMISSION OF BIDS 13 1 Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title Bid No and name and address of the Bidder and accompanied by the Bid Security Bid Form Bid Bond Statement of Bidders Qualifications and Schedule of Subcontractors as required in Section 00430 If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it 13 2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid or any extension thereof made by addendum Bids received after the time and date for receipt of Bids will be returned unopened Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids 13 3 Oral telephonic telegraphic or facsimile Bids are invalid and Rev 10120107 Section 00100 Page 5 will not receive consideration 13 4 No Bidder may submit more than one Bid Multiple Bids under different names will not be accepted from one firm or association 14 0 MODIFICATION AND WITHDRAWAL OF BIDS 14 1 Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids 14 2 Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids 14 3 Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders 15 0 OPENINGS OF BIDS Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids 16 0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE All Bids shall remain open for forty-five (45) days after the day of the Bid Opening but OWNER may in his sole discretion release any Bid and return the Bid Security prior to that date 17 0 AWARD OF CONTRACT 17 1 OWNER reserves the right to reject any and all Bids to waive any and all informalities not involving price time or changes in the Work to negotiate contract terms with the Successful Bidder and the right to disregard all nonconforming nonresponsive unbalanced or conditional Bids Also OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum 17 2 In evaluating Bids OWNER will consider the qualifications of the Bidders whether or not the Bids comply with the prescribed requirements and such alternates unit prices and other data as may be requested in the Bid Form or prior to the Notice of Award Rev 1020/07 Section 00100 Page 6 17 3 OWNER may consider the qualification and experience of Subcontractors Suppliers and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors Suppliers and other persons and organizations is submitted as requested by OWNER OWNER also may consider the operating costs maintenance requirements performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award 17 4 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility qualifications and financial ability of the Bidder's proposed Subcontractors Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time 17 5 If the Contract is to be awarded it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER Award shall be made on the evaluated lowest base bid excluding alternates The basis for award shall be the lowest Bid total for the Schedule or in the case of more than one schedule for sum of all schedules Only one contract will be awarded 17 6 If the Contract is to be awarded OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening 18 0 CONTRACT SECURITY The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds When the Successful Bidder delivers the executed Agreement to the OWNER it shall be accompanied by the required Contract Security 19 0 SIGNING OF AGREEMENT When OWNER gives a Notice of Award to the Successful Bidder it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached Within fifteen (15) days thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds Within ten (10) days thereafter OWNER shall deliver one fully signed counterpart to CONTRACTOR Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification 20 0 TAXES Rev 10/20/07 Section 00100 Page 7 OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work Said taxes shall not be included in the Contract Price Reference is made to the General and Supplementary Conditions 21 0 RETAINAGE Provisions concerning retainage are set forth in the Agreement 22 0 PURCHASING RESTRICTIONS Purchasing restrictions The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office A Cement Restrictions City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel 23 0 COLLUSIVE OR SHAM BIDS Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid 24 0 BID RESULTS For information regarding results for individual Bids send a self- addressed self -stamped envelope and a Bid tally will be mailed to you Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening END OF SECTION Rev 10/20107 Section 00100 Page 8 SECTION 00300 BID FORM SECTION 00300 BID FORM PROJECT 6084 Old Town Square Irrigation Place Broomfield Colorado Date 02/06/08 1 In compliance with your Invitation to Bid dated January 16 CCP 8 and subject to all conditions thereof the unaersigned a (Corporation Limited Liability Company Partnership Joint Venture or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules 2 The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith without collusion or connection with any other person or persons Bidding for the same Work ana that it is made in pursuance of ana subject to all the terms a^a conaitions of t7e _^citation to B_a and Inst_.ac=_o-s - _a B,.aa=rs t7=_ Aareemer� tea ae=a_..ec Spec-=-ca=-c-_ :..a uC_ __ V___ a 3 Acco-nnanying to-s Bid �s a certifiea or cas'n er s c-iec} or standard B.d bond in the sum of 5% of total amount ($ ) in accordance with the Invitation To Bid ana Instructions to Bidders 4 The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and a follows Mood Insurance Agency, 3773 Cherry Creek NorthoDrive, as Suite 800, Denver, Colorado 8020g-380 5 All the various phases of Work enumerated in the Contract Documents with their individual lobs and overhead whether specifically mentioned included by implication or appurtenant thereto are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule irrespective of whether it is named in said list 6 Payment for work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents 7 The undersigned Bidder 7ereby acYnowleages receipt of Adaenda No - through - Rev 10,20/07 SeCtlorl 00300 Page 1 8 BID SCHEDULE (Base Bid) Lump Sum for Two Work Phases Phase I -Sixes Eight Thousand and Fourty Dollaftllars ($68,040.00 In words Phase II Sixteen Thousand One Hundred and Dollars ($16,165 00 Sixty FIave7oVd4_lars TOTAL -Eighty Four Thousand Two Hundred Dollars ($84,205 00 and Five Drolvbads ALTERNATE BIDS Deletion of Phase II Two -wire Control System v. : . Dollars ($---NOBYR Dollars ($ --- No Bid In words Upright Steel Pipe --- No Bid Dollars ($ --- No Bid In words 9 PRICES The foregoing prices shall include all labor materials transportation shoring removal dewatering overhead profit insLrance etc to cover the complete Work in place of the several kinds called for In words --- No Bid Bidee_ ac}novieoges znat =n OWNE'F n=_ _ --art =c c__eze -=Ts - _ is Bic. ci cnange qua.t�=ies at -is scie ciscrezion viz ouz azxecz-ng tZe Agreement or prices of any item so long as the dele-ior or c'iange does not exceed twenty-five percent (25-s) of the total Agreement Price RESPECTFULLY SUBMITTED The Green Plan, Inc CONTRACTOR BUSINESS NAME BY Jeffrey Pope President ' 02/06/08 Signature Date Jeffrey Pope Printed Name LNumDer lit Applicable) Address 645 Compton Street Broomfield, CO 80020-1634 Telephone 303-938-8230 Fax 303-938-8137 President Title Email_]pope@thegreenplan com (Seal- if Bid is by corporation) NO CORPORATE SEAL Attest Check One Individual Doing Business in Company Name R Corporation Partnership Rev 10/20/07 Section 00300 Page 2 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors SECTION 00410 Rev 1020107 Section 00410 Page 1 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned The Green Plan Inc as Principal, and Contractors Bonding and Insurance Company as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as Owner, in the penal sum of Five Percentof Amount Bid ($ 5% )for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying bid and hereby made a part hereof to enter into a Contract Agreement for the construction of City of Fort Collins Project, Old Town Square lrngationSystem as per Protect No 6084 WHEREAS, the Owner, as a condition for receiving said bid, requires the Principal to deposit with the Owner a Bid Guaranty equal to five percent (5%) of the amount of said bid NOW, THEREFORE, (a) If said bid shall be rejected, or in the alternate, (b) If said bid shall be accepted and the Principal shall execute and deliver a Contract Agreement (properly completed to accordance with said bid) and shall furnish a Performance and Payment Bond upon the forms prescribed by the Owner for the faithful performance of said Agreement, and shall in all other respects perform the agreement created by the acceptance of said bid, then this obligation shall be void, otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liabi- lity of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated 00410 continued The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such bid, and said Surety does hereby waive notice of any such extension IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 7th day of February , 2008 , and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above PRINCIPAL Name The Green Plan, Inc 645 Compton Street Address Broomfield, CO 800 634 By SURETY Contractors Bonding and Insurance Company 5300 DTC Parkway Suite 490 Greenwood Village, CO 80111 By Title Vera T Kalba Attorney In Fact (SEAL) (SEAL) r� �I , Orr- ; NOTE Surety Companies executing bonds must be authorized to tran business in the State of Colorado and be acceptable to the Owner MOODY INSURANCE AGENCY, INC 3773 CHERRY CREEK NORTH DRIVE SUITE 800 DENVER COLORADO 80209 3804 PHONE (303) 824 6600 0 �f iwS IX F4M N W B[ u M 9u1 S M D Lw µ 4S IMM P.55BI[� 4 / /.! � � FWGATpN LENi1P(1LLB1 /� / '% uM vui ww u MN r 9 J \\ wv 1 vvvum Mu \\ M\ \\ II Po KMp WnY�'V CL NY CRRM$ wxMD Ruirt Po /-u � � MA�f LK WIpS Cf Y[ L[EE Il W my cwBlr o1re eEw Jn rEo. A na m oxmR.s iz� oR.vxn OLD TOWN SQUARE IRRIGATION IRRIG. V JR CRY 2p p s pD � , — — YMMIId 1111E L1101 M R BEET m 14, Certificate of Appointment and Resolutions of the Board of Directors The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the President has appointed the Attorney(s) in Fact identified on the front side of this power of attorney under and by the authority of the following resolutions adopted b3 the Board of Directors of Contractors Bonding and Insurance Company at a meeting duly held on December 15 1993 RESOLVED that the CEO President CFO any Vice President Secretary or any Assistant Secretary and any other employee as maybe specifically authorized by a particular board resolution (hereafter Authorized Officer or Employee ) may appoint attomeys in factor agents with authority as defined of limited in the instrument evidencing the appointment in each case for and on behalf of the Company to execute and deliver and affix the seal of the Company to bonds undertakings recogmzances and suretyship obligations of all kinds and any Authorized Officer or Employee may remove any such attorney in fact or agent and revoke any power of attorney pre iously granted to such person RESOLVED FURTHER, that any bond, undertaking recognizance or suretyship obligation shall be valid and binding upon the Company (1) when signed by the Authorized Officer or Employee and attested and sealed (if a seal be required), or (11) when signed by the Authorized Officer or Employee and countersigned and sealed (if a seal be required) by a duly authorized attorney in fact or agent or (in) when duly executed and sealed (if a seal be required) by one or more attorneys in fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons RESOLVED FURTHER that the signature of any Authorized Officer or Employee and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond undertaking recognizance or other suretyship obligations of the Company (unless otherwise specified in the power of attorney itself) and such signature and seal when so used shall have the same force and effect as though manually affixed RESOLVED FURTHER that all previous resolutions of the Board of Directors concerning powers of attorney and attorneys in fact remain in full force and effect that all forms of powers of attorney previousl) or in the future appooed by the Board of Directors including but not limited to so called fax or facsimile powers of attorney where the entire power of attorney is a facsimile remain in full force and effect and that one form of a power of attorney may be attached to one bond (for example the form for which this resolution is a part may be attached to a bid bond) and another form of power of attorney may be attached to another bond (for example a fax power of attorney may be attached to the final bond for a project for which the different form of power nas attached to the bid bond) without affecting the validity of either power of attorney or bond IN WITNESS WHEREOF Contractors Bonding and Insurance Compan} has caused these presents to be signed by its president and secretary and its corporate seal to be hereunto affixed this 13th day of May 2004 on it ifc n F'residen< State of Washington County of King 6��� Attest R Kirk Eland Secretary On May 13 2004 before me Brenda J Scott Notary Public personally appeared Don Sirkin and R Kirk Eland personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me all that they executed the same in their authorized capacities and that by their signatures the entity upon behalf of which they acted executed the instrument WITNESS my hand and official seal Brenda Scott Notary Public ``a..a.J titi4 3 (seal) '�4� i Af' &8i : T�s s 8o-p, ,A = ' .0 .. o SECTION 00420 STATEMENT OF BIDDER S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive This statement must be notarized If necessary questions may be answered on separate attached sheets The Bidder may submit any additional information he desires 1 Name of Bidder The Green Plan Inc 2 Permanent main office address 645 Compton St Broomfield, CO R0020- 3 When organized 04/1996 1634 4 If a corporation where incorporated Colorado 5 How many years have you been engaged in the contracting business under your present firm or trade names 11 years 6 Contracts on hand (Schedule these showing the amount of each contract and the appropriate articlpated dates of completion ) _Arnett Hall Renovation - CU Boulder aa,) ion nn General character of Work performed by your company Landscaping and Irrigation 8 Have you ever failed to complete any Work awarded to your NO If so where and whys 9 Have your ever defaulted on a contract If so where and whys 10 Are you debarred by any government agency If yes list agency name Rev 10/20/07 Section 00420 Page 1 11 List the more important prolec-s recently completed by your company stating the approximate cost of each and the month and year completed location and type of construction See Attached 12 List your maDor equipment available for this contract Bit skirlsfeer D1tchwitrh 13 Experience in construction Work similar in importance to this proDect See Attached 14 Background and experience of the principal members of your organization including officers See Attached 15 Credit available $ Unlimited at this time 16 Bank reference Wells Fargo Bank Kiva Stram 303-441 0344 17 Will you upon request fill out a detailed financial statement and furnish any other information that may be required by the OWNER vex 18 Are you licensed as a General CONTRACTORS No If yes in what city county and states What class license and numbers 19 Do you anticipate subcontracting Work under this Contracts No If yes what percent of total contract and to whom 20 Are any lawsuits pending against you or your firm at this time' No IF yes DETAIL aevioizoim Section 00420 Page 2 21 What are the limits of your public liability DETAIL See Attached ,f,rate of 3n u ance what company Moody Insurance Agency 22 What are your company's bonding limitations 23 The undersigned hereby authorizes and requests any person firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder s Qualifications Dated at Brnnmf,elr9. rn this Fth day of F 20 08 ehrua 'y Name of Bidder By Title I State of (1�plQvadc) County of Imo/ / cL 61 -� Oy �— being duly so (name of organization) the answers to the foregoing questions and all are true and correct deposes and says that he mac and that statements therein contained Subscribed and sworn to before me this LO day of V�( Dlq¢ary Publi My commission expires 2000 Rev 10/20107 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 10% of the contract ITEM SUBCONTRACTOR NONE NONE Section 00430 Page 1 The Green Plan, Inc Professional Landscape Services i • • • • ••• 645 Compton Street Broomfield Colorado 80020 1634 Phone 303 938 8230 Fax 303 938 8737 PARTIAL CONSTRUCTION REFERENCE LIST PROJECT FOOTHILLS COMMUNITY PARK -PHASE 2B LOCATION Boulder Colorado OWNER City of Boulder Parks and Recreation CONTACT Ms Maureen Spitzer TELEPHONE 303-413-7227 AMOUNT $150 406 00 COMPLETIONDATE JULY 2007 PERCENTAGE OF COST 100% PROJECT BOULDER COUNTY TRANSPORTATIONAND BOULDER CITY OPENSPACE BUILDING LOCATION Longmont Colorado OWNER Winston & Associates CONTACT Mr Dave Hopewell TELEPHONE 303-440-9200 AMOUNT $ 38 294 00 COMPLETIONDATE OCTOBER 2006 PERCENTAGE OF COST 100% PROJECT LARIMER COUNTY CORRECTIONS -PHASE II LOCATION Ft Collins Colorado CONTACT Nathan Lowery Hensel Phelps Construction TELEPHONE 970-498-5926 AMOUNT $ 47 357 00 COMPLETIONDATE NOVEMBER 2006 PERCENTAGE OF COST 100% PROJECT DRY CREEK PEDLSTRIAN BRIDGE EXTENSION LOCATION Englewood Colorado CONTACT Mr Miguel Ochoa Kiewit Construction TELEPHONE 303-930-9028 AMOUNT $ 71 423 00 COMPLETIONDATE AUGUST2007 PERCENTAGE OF COST 80% PROJECT BOULDER COUNTYDETOX FACILITY LOCATION Boulder Colorado OWNER Boulder County Architects CONTACT Mr Alan Watkins TELEPHONE 303-441-3286 AMOUNT $ 74 912 00 COMPLETION DATE SEPTEMBER 2007 PERCENTAGE OF COST 100% PROJECT DENVER NEWSPAPER OFFICE BUILDING LOCATION Colfax and Broadway Denver Colorado CONTACT Ms Jane Hood Cushman/Wakefield TELEPHONE 303-954-3330 AMOUNT $ 80 415 00 COMPLETIONDATE JULY2006 PERCENTAGE OF COST 100% The Green Plan, Inc Professional Landscape Services 645 Compton Street Broomfield Colorado 80020 1634 Phone 303 938 8230 Fax 303 938 8137 The Green Plan, Inc - Employee qualifications Jeffrey S Pope- President 1981 Graduate of Purdue University in Landscape Architecture, held positions in Sales Management and Operations Management with two of the larger commercial landscape installation and maintenance firms in the Dallas, Texas area for six years Started Landscape Specialties, Inc in Grapevine, Texas in 1989 and grew it to the third largest landscape firm in Tarrant County before selling the operation in 1995 This firm now is part of the TruGreen Land Care Purchased The Green Plan, Inc in 1996 with revenues of $ 490,000 00 in 1995, presently The Green Plan, Inc is one of the largest landscape firms in Broomfield County with revenues in excess of $ 5,000,000 00 Raymond Tyler- Operations Manager 1988 Graduate of North Dakota State University- Bottmeau and 1992 Graduate of University of Wisconsin- Stevens Point with a B S in Urban Forestry and minors in Water Quality, Soils and Environmental Education Qualified Supervisor licensed with Colorado Department of Agriculture, has been working in the landscape industry for over 18 years John L Bartley- Division Manager Graduate of University of Illinois, B S to Floriculture & Ornamental Horticulture, specializing in Golf Course Management and has been working in the landscape industry for over 30 years Dale Coffinan- Irrigation Supervisor Has been working in the irrigation industry for 23 years, handles all phases of irrigation from design to in stall to maintenance His projects have included small residential to 200 acre parks Dan Monahan- Arbonst and Chief Estimator Has been working in the green industry for 5 years, attended classes in Arboriculture and Plant Health Care He is a Qualified Supervisor licensed with Colorado Department of Agriculture in ornamental pest control Jose Pedro Arellano- Tree Division Supervisor Has been trimming and removing trees for 8 years He also conducts all the training He is well known at the City of Boulder Forestry, for his quality of work Thomas Ritner- Tree Division Forman Has been trimming and removing trees for 10 years tat 2/6/2008 Time, 4120 PM To, Yvonne @ 303 938 8137 Pagel 002 US] ARF-A=7IIRkfd10M-11Z7_10100 PRODUCER (303)824-6600 FAX (30 V ody Insurance Agency Inc 73 Cherry Creek North Drive Suite 800 _Denver CO 80209 I JRED e Green Plan, Inc 645 Compton Street I oomf3.eld CO 80020-1634 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY PPOUIREM ENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES GREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR ADD TYPE OF INSURANCE POLICY NUMBER pALTEYMMIDONYE POAITE MMlDDNYCY N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 DAMAGE TO RENTED PREMISES Eaoau"me $ 100 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FRI OCCUR ACPMCT07512410360 11/l/2007 11/1/2008 MED EXP An one .,son $ 5 000 PERSONAL BADV INJURY $ 1 000 000 Add 1 Insured Form GENERAL AGGREGATE $ 2 000 000 CG 20 10 10 01 Attached GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMPADPAGG $ 2 000 000 POLICY FX1 PRO LOD AUTOMOBILE LIABILITY My AUTO 1 a aoodeDl�1NGLE LIMIT $ 1 000 000 X ALL OWNED AUTO- SCHEDULEDAUTOti ACPBA7512410360 11/1/2007 ll/l/2008 BODILY INJURY (Perpers n) $ BODILY INJURY (PBrsCPdBM) $ HIREDAUTOS NON OWNED AUTOS PROPERTY DAMAGE (Psracad.m) $ GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC ANY AUTO $ AUTO ONLY AGG EXCESS/UMBRELLA LIABILITY X OCCUR CLAIMS MADE EACH OCCURRENCE $ 5 000 000 AGGREGATE $ 5 000 000 A DEDUCTIBLE ACPCAA7512410360 11/1/2007 11/1/2008 $ X RETENTION 10 000 WORKERSCOMPENSATIONAND EMPLOYERS LIABILITY X STATU OT EL EACH ACCIDENT $ 100 000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED' Ilyes desmbeunaer 4044669 11/1/2007 11/l/2008 EL DISEASE EA EMPLOYEE 100 000 EL DISEASE POLICYUMIT $ 500 000 SPECIAL PROVISIONS below OTHER SCRIPTION OF OPERATONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTSPECIAL PROVISIONS RC Old Town Square Irrigation System project #6084 City of Fort Collins in named as Additional Insured with regards to General Liability 10 Day Notice of Cancellation Applies to Non -Payment of Premium This certificate is subject ` the terms conditions and exclusions of the Policies 03)938-8137 City of Fort Collins Purchasing Division 215 North Mason street 2nd Floor Fort Collins CO 80524-4402 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER PALL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ene Navarra,_..t� ORD 25 (2001/08) V ACORD CORPORATION 1988 ,025 (0108) 08a Page 1 of 2 No Text Ge: 2/6/2008 Times 4i20 PM Tos Yvonne 0 303 938 8137 Page, 003 IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED subject to the terms and conditions of the policy certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affirmatively or negatively amend extend or after the coverage afforded by the policies listed thereon DRD 25 (2001I08) No025 (o f m oea Peg.2 of 2 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date February 13, 2008 TO The Green Plan, Inc PROJECT 6084 Old Town Square Irrigation OWNER CITY OF FORT COLLINS (hereinafter referred to as "the OWNER ) You are hereby notified that your Bid dated February 7, 2008 for the above project has been considered You are the apparent successful Bidder and have been awarded an Agreement for 6084 Old Town Square Irrigation Replacement of irrigation system main line and lateral lines, valves, sprinkler irrigation components including sprinkler heads, drip irrigation, controller unit, and reinstallation of decorative paver plaza surface The Price of your Agreement is Eighty Four Thousand Two Hundred Five Dollars ($84,205) Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award that is by February 28, 2008 1 You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents Each of the Contract Documents must bear your signature on the cover of the page 2 You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5 1) and Supplementary Conditions Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached City of Fort Collins OWNER By Ja s B 'Neill, II, CPPO, FNIGP 14�"lrector of Purchasing & Risk Management Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 131h day of February in the year of 2008 and shall be effective on the date this AGREEMENT is signed by the City The City of Fort Collins(acting on behalf of the Downtown Development Authority hereinafter called OWNER) and The Green Plan, Inc (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows ARTICLE 1 WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 6084 Old Town Square Irrigation including replacement of irrigation system main line and lateral lines, valves, sprinkler irrigation components including sprinkler heads, drip irrigation, controller unit, and reinstallation of decorative paver plaza surface ARTICLE 2 ENGINEER The Project has been designed by EDAW, but the Downtown Development Authority, is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents ARTICLE 3 CONTRACT TIMES 3 1 The Work shall be Substantially Complete on April 25, 2008 the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions on May 2, 2008 the date when the Contract Times commence to run 3 2 Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time Accordingly, instead of requiring any Section 00520 Page 1 such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter 1) Substantial Completion One Thousand Dollars ($1,000) for each calendar day or fraction thereof that expires after April 25, 2008, the date for Substantial Completion of the Work until the Work is Substantially Complete 2) Final Acceptance After Substantial Completion, Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after May 2, 2008 the date for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance ARTICLE 4 CONTRACT PRICE 4 1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows Eighty Four Thousand Two Hundred Five Dollars ($84,205), in accordance with Section 00300, attached and incorporated herein by this reference ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions Applications for Payment will be processed by ENGINEER as provided in the General Conditions 5 1 PROGRESS PAYMENTS OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2 6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work 5 1 1 Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14 7 of the General Conditions 90% of the value of Work completed until the Work has been 50- completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining Section 00520 Page 2 progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14 2 of the General Conditions) may be included in the application for payment 5 1 2 Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95s of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14 7 of the General Conditions or as provided by law 5 2 FINAL PAYMENT Upon Final Completion and Acceptance of the Work in accordance with paragraph 14 13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14 13 ARTICLE 6 CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations 6 1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work 6 2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4 2 of the General Conditions 6 3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6 2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4 2 of the General Conditions and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes 6 4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Section 00520 Page 3 Facilities No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4 3 of the General Conditions 6 5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents 6 6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR ARTICLE 7 CONTRACT DOCUMENTS 7 1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of Contract Documents in Article 1 10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference 7 2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following 7 2 1 Certificate of Substantial Completion 7 2 2 Certificate of Final Acceptance 7 2 3Lien Waiver Releases 7 2 4Consent of Surety 7 2 SApplication for Exemption Certificate 7 2 6Application for Payment 7 3 Drawings, consisting of a cover sheet and sheets numbered as follows COVER EQUIPMENT, SCHEDULE L101 IRRIGATION L102 IRRIGATION L103 IRRIGATION L501 IRRIGATION SPRINKLER, PIPE, SLEEVING PLAN PLAN PLAN DETAILS The Contract Drawings shall be stamped Final for Construction' and dated Any revisions made shall be clearly identified and dated Section 00520 Page 4 7 4 Addenda Numbers 1 to 1, inclusive 7 5 The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3 5 and 3 6 of the General Conditions 7 6 There are no Contract Documents other than those listed or incorporated by reference in this Article 7 The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3 5 and 3 6 of the General Conditions ARTICLE 8 MISCELLANEOUS 8 1 Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions 8 2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document 8 3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document Section 00520 Page 5 DOWN TOWN DEVELOPMENT AUTHORITY BY Jack Dat/ Attest fe,,DDA.q�airperson (CORPORATE SEAL) Attest DOWNTOWN DEVELOPMENT AUTHORITY ACTING THROUGH ITS AGENT THE CITY OF FORT By /C'OLLLLIIJN�S.,. ��CO(LLORADO ° ( 0 ;-�1[ V� James B O'Neill, II, CPPO, FNIGP Direct of Purchasing & Risk Management k Address for giving notices 5S A Po Box sso a 1� Fort Collins, CO 80522 CONTRACTOR The FFen Plan, Inc Title ti,/e1r/�j�yt Date Addressorv/ing� ids s LICENSE NO Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work 6084 Old Town Square Irrigation To The Green Plan, Inc This notice is to advise you That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER That the OWNER has approved the said Contract Documents Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be 20 and , 20, respectively City of Fort Collins OWNER M Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR The Green Plan, Inc Title Section 00520 Page 1 103 A E 1 I I d u h �i 103 B 1 WM(WM RVELbMM d ft Aumwm PV &iwr E �a1F� M ele Np � IbuYwe B Otl iow 9P/ farl hi�.CW Oaw ew m eoez I YN IN IW � N w V JA AFY 2p OIL nS 0.SIGv SLYVFIUWR fWC W.11 LIL Wµ mo.x m ko.wvs w u w u. hw �S KR 4&L 9CILE AtN 1IJ. Wuwx ev ool uec eu IRRIGATION onewEa ilna L1103 War xo SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No KA3869 KNOW ALL MEN BI TFEbE PRESENTS that (Firm) The Green Plan, Inc (Addre33)645 Compton Street, Broomfield, C a 80020 oration), hereinafter ( an i i�rl�}real) , ( a Partnex3h�g) ( P referred to as the "Principal" and (Firm) Contractors Bonding and Insurance Company (Address) 5300 DTC Parkway, #490, Greenwood Village, CO 80111 hereinafter referred to as the Surety' are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins Colorado 60522 a (Municipal Corporation) hereinafter referred to as the OWNER in the penal sum of ht Four Thousand Two Hundred Five Dollars AND 00/100 ($84,205 00)In lawful money of the United States for the payment of which sum well and truly to be made we bind ourselves, successors and assigns, jointly and severally, firmly by these presents THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dared February 13, 2008 a copy of which is hereto attached and made a part hereof for the performanc- cf The City of Fort Collins project, 6084 Old Town Square Irrioarion NOW, THERC�ORE, of the Principal sha_1 well, truly ano faithfulli perform its duties, all the undertakings covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guararty period and if the Principal shall satisfy all claims and demands incLrred under such Agreement and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer OWNER reason of failure to do so, a -id shall reimburse and repay the all outlay and expense which the OWNER may incur in making good any default ther this obligation shall be void otherwise to remain in full force and effect Rev M20/07 Sect -on 00610 Page 1 PROVIDED, FURTHER, lhdt tke said Surety, for .7alue received, hereby stipulates and agrees that no change, extension of time dlteration or addition to the terms of the Agreement or to the Mork to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any sucn change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications PROVIDED FURTHER, that no final settlement between the OWNED and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied PROVIDED, FURTHER that the Surety Company must be aurhorized to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 18th day of February , 20.Ig TN PRESENCE OF Principal The Gree P an, Inc (Title) 645 Compton Street, Broomfield, Cg 80910 (Address) (Corporate Seal) IN PRESENCE OF Other Partners By By IN PRE 0 Surety Contractors Bonding and Ipsutdnee- CQ*Rapy By C R Mueller, Witness Vera T Kalba, Attorney -In - By 5300 DTC Parkway, #490 7 y (Address) Greenwood Village?,^��g 19 i(,t� R di1,618�i` (surety Seal) NOTE Date of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership all partners should execute Bond K OODY INSURANCE AGENCY, INC 73 CHERRY CREEK NORTH DRIVE SUITE 800 DENVER COLORADO 80209 3804 PHONE (303) 824 6600 Reif 10120/07 Section 00610 'Page 2 SEC ---ON 00615 PAYMENT BOND Bond NO KA3869 KNOW ALL MEN BY THESE PRESENTS that (Firm) The Green Plan, Inc (Addrebs)645 Compton Street, Broomfield, CO 80020 (an (a(a corporation), hereinafter referred to as the Principal" and (Firm) Contractors Bonding and Insurance Company (Address)5300 DTC Parkway, #490, Greenwood Village, CO 80111 hereinafter referred to as "the Surety', are held and firmly bound unto the CitV Of Fort Collins 300 Laloorte Ave , Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to an the OWNER" in the penal sum of lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, 301ntly and severally, firmly by these presents THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with t1le OWNER dated February 13 200" � 'o- = h .- Itrpto attacred and made a oar- hereof far the perrormnnce it the C_tf or Fort Colllnb pro1cc-, 6084 0-d Icvn Square Irrigation NOW, THEREFORE, if the Principal shall make payment to all persons, firms subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof including all amounts due for materials, lubricants, repairs on machinery equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise then this obl-gation shall be void otherwise to remain in full force and effect *Eighty Four Thousand Two Hundred Five Dollars AND 00/100 ($84,205 00) Rev 10/2WUl Section 00615 Page 1 I PRO,1ID D, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accomparying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, e<tension of time, alteration or addition to the terms of the Agreement or to the 4orh or to the Specifications PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF this instrument is executed in three (3) counterparts each one of which shall be deemed an original this 18th day of February , 20 08 IN PRESENCE OF Principal The Green Pla n By :: sPncr S �- (Title) (Corporate Seal) IN PRESENCE OF IN PRE�ENCE� C CyRRMMueller, Witness (Surety Seal) NOTE 645 Compton Street, BroomfieldCO 80070 (Andress) Other Partners Surety Contractors Bonding and �a'tura►ggj,tmpany w By Vera T Kalba By 5300 DTC Parkway, "'0' `fir (Address) GreenwoodAddress)Greenwood Vi118ge- 09 80111 Date of Bond must not be prior to date of Agreement 10� If CONTRACTOR is Partnership, All Partner, should execute Bond MOODY INSURANCE AGENCY, INC 3773 CHERRY CREEK NORTH DRIVE SUITE 800 DENVER COLORADO 80209 3804 PHONE (303) 824 6600 Rev 10/20/07 Section 00615 Page 2 E READ CAREFULLY - to be used only with the bond sp SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance Rev 10/20/07 Section 00630 Page 1 Date 2/20/2008 Time 2 16 PM To Michelle M 1 970 221 6707 Pagel 002 ACORD CERTIFICATE OF LIABILITY INSURANCE 2DAi2oizo a' PRODUCER (303)824-6600 FAX (303)370-0118 Moody Insurance Agency Inc 3773 Cherry Creek North Drive THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Suite 800 Denver CO 80209-3804 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER A AMCO Insurance Company19100 The Green Plan Inc INSURER Nationwide Insurance Co ance25453 25453 645 Campton Street INSURER C Pinnacol Assurance 41190 INSURER D Broomfield CO 80020-1634 INSURER OVrRAi THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES ii LIMITS SHOWN MAY AVE RFF N REDUCED BY PAID CLAIMS INSR ADD L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE INIMIDI POLICY EXPIRATION DATE IMMIDDAI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X ❑ OCCUR ACPMCT07512410360 ll/l/2007 11/1/2008 DAMAGE TO RENTED PREMISES edccur ence $ 100 000 MED EXP An one arson $ 5 000 PERSONALN $ 1 000 000 Add 1 Insured Form GENERAL AGGRFGATF$ 2 000 000 CG 20 SO 10 01 Attached GEN L AGGREGATE POLICYFx7 LIMIT APPLIES PER JECT 17 LOC PRODUCTS COMPIOP AGO $ 2 000 000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE OMIT IEa eccben0 $ 1 000 000 X B ALL OWNED AUTOS 'CHEW LED AUTOS ACPRA7512410360 ll/l/2007 11/1/2008 BODILY INJURY (Per parson) $ BODILY INJURY (Per we dent) $ HIRED AUTOS NON OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHERTHAN $ AUTO ONLY AGO $ E%CESSAIMBRELLA LIABILITY X OCCUR ❑CLAIMS MADE AGGREGATE gg A DEDUCTIBLE X R-T TION T10,000 AceCAA7512410360 11/1/2007 11/1/2008 $ C WORIKERSCOMPE EMPLOYERS LIABIL�ITYTION AND X WCSTATU OTH EL EACH ACCIDENT $ 100 000 ANY PPOPRIETORAPARTNEREXECUTIVE OFFICER/MEMBER EXCLUDED? It yes describe under SPECIAL PROVISIONS be. 4044669 11 1/2007 / 11 1 2008 / / EL Ti EA EMPLOYE 8 100 000 EL DISEASE POLICY LIMIT $ 500 000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHCLESIE%CLUSIONS ADDED BY ENDORSEMENDSPECIAL PROVISIONS Re Old Town Square Irrigation System project 86084 City of Fort Collins and Downtown Development Authority are name as Additional Insureds with regards to General Liability 10 Day Notice of Cancellation Applies to Non-payment of Premium This certificate is subject to the terms conditions and exclusions of the policies City of Fort Collins Purchasing Division 215 North Mason Street 2nd Floor Fort Collins CO 80524-4402 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENOEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE (Charlene Navarra-�t,0.+_.ern•.w- A'l ACORD 26 (2001/08) NcmA CACORD CORPORATION 1988 P 1 tJ Date 2/20/2008 Timer 2,16 PM To Michelle ® 1 970 221 6707 Page 003 If the certificate holder is an ADDITIONAL INSURED the pollcy(les) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED subject to the terms and conditions of the policy certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing insurer(s) authorized representative or producer and the certificate holder nor does it affirmatively or negatively amend extend or alter the coverage afforded by the policies listed thereon INS025(otoa) oae Page 2of 2 Date. 2/20/2008 Time 2.16 PM To Michelle 0 1 970 221 6707 Page. 004 POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG20101001 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization -7 (If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement ) A Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of your ongoing operations performed for that insured B With respect to the insurance afforded to these additional insureds the following exclusion is added 2 Exclusions This insurance does not apply to bodily injury or "property damage occurring after (1) All work including materials parts or equipment fumished in connection with such work on the project (other than service maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project 1 1 uaaow�PrErenvx �8E99Y� 0 xes� vkw M% y � Rai Roxm e®rtrn _a Cno w m wMF� MMo fal CNL CtlwMo ue o .e. ewo no gee voee 0 p mx euL van e9ExBLYeuL van ess y tAat�eowr snur��s93ar�_T H /'1 LOx FLOx Wi YaYE A9 Y 0 1®IM KM M YaYE &Vfty /1 glpt CgRIIG Ya4E A99BlLY d -------------- M w,,. • � �'•.p d �. w n RW1N vavE �ssee�r N d 0 gm POT"A " W ® OLD TOWN SQUARE IRRIGATION V JN RY R0p9 O1 m_ ao axsmrs boa — no uw ee�ew rwy _ �eCMw. CW]o S � v�w�eee �L1501 >@ L1 ow SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE 6084 Old Town Square Irrigation PROJECT OR SPECIFIED PART SHALL INCLUDE OWNER City of Fort Collins CONTRACT DATE February 13, 200 LOCATION Fort Collins, Colorado CONTRACTOR The Green Plan, Inc The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date A tentative list of items to be completed or corrected is appended hereto This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated IWOMETTITE MIN. AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12 01 a m , on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks below CITY OF FORT COLLINS, COLORADO By OWNER AUTHORIZED REPRESENTATIVE DATE Rev 10/20/07 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO The Green Plan, Inc Gentlemen You are hereby notified that on the day of 20 the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 6084 Old Town Square Irrigation A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated 20 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date 20 Sincerely, OWNER Citv of Fort Collins By Title ATTEST Title Rev 10/20/07 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO City of Fort Collins, Colorado (OWNER) FROM The Green Plan, Inc (CONTRACTOR) PROJECT 6084 Old Town Square Irrigation 1 The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project 2 In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U S C A 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project 3 The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project 4 The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims Rev 10/20/07 Section 00650 Page 1 5 The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project Signed this day of , 20 CONTRACTOR The Green Plan, Inc By Title ATTEST Secretary STATE OF COLORADO ) )ss COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal My Commission Expires Notary Public Rev 10/20/07 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO City of Fort Collins, Colorado (hereinafter referred to as the "OWNER ) CONTRACTOR The Green Plan, Inc PROJECT 6084 Old Town Square Irrigation CONTRACT DATE In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) ATTACH Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact Rev 10/20/07 Section 00660 Page 1 DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232 2416 SECTION 00670 6 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26 114(1)(a)(XIX) Do not write in this space The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and Dunaing matenal for the exempt project described below This exemption does not Include or apply to the purchase or rental of equipment supplies and materials which are purchased rented or consumed by the contractor and which do not become part of the structure highway road street or other public works owned and used by the exempt organization Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law A separate certificate is required for each contract Subcontractors will not be issued Certificates of Exemption by the Department of Revenue It is the responsibility of the prime contractor to issue certificates to each of the subcontractors (See reverse side) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED RegistrabordArznuntNo (to beassigned byDOR) Period 0170-750 (999) 89 - $0 00 Trade name/DBA Owner partner or corporate name Mailing address (City State Zip) Contact Person E Mail address Federal Employer's Identification Number Bid amount for your contract Fax Number Business telephone number Name of exempt organization (as shown on contract) Exempt organization s number 98 - Address of exempt organization (City State Zip) Principal contact at exempt organization Principal contact s telephone number Physical location of protect site (give actual address when applicable and Cities and/or County (ies) where protect is located) Scheduled Month Day Year Estimated Month Day Year construction start date completion date I declare under penalty of perjury in the second degree that the statements made in this application are true and complete tc the hest of my knowledge Signature of owner partner or corporate officer Title of corporate officer Date DO NOT WRITE BELOW THIS LINE Rev 10/20/07 Section 00660 Page 2 Special Notice Contractors who have completed this application in the past please note the following changes in procedure The Department will no longer issue individual Certificates of exemption to subcontractors Only prime contractors will receive a Contractors Exemption Certificate on exempt projects Upon receipt of the Certificate the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractors name and address and signing it The original Certificate should always be retained by the prime contractor Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractors place of business for a minimum of three years and be available for inspection in the event of an audit Once an 89# has been assigned to you please use the next five numbers following it for any applications submitted for future protects This should be your permanent number For instance if you were assigned 89-12345-0001 every application submitted thereafter should contain 89-12345 on the application The succeeding numbers will be issued by the Department of Revenue DO NOT enter what you believe to be the next in sequence as this may delay processing of your application Rev 10/20/07 Section 00660 Page 3 Section 00670 Page 4 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee EJCDC No 1910-8 (1990 Edthon) as a base Changes to that document are shown by underlining text that has I=n added and sinking through text that has been deleted EJCDC GENERAL CONDITIONS 1910-8 (1990 FDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 6 0 TRENCHING CONCRETE EDGE UNIT PAVERS W/ SAND SWEPT JOINTS AGGREGATE BASE SUBBASE SAND SETTING BED SCHED 40 MAINLINE IN SCHED 40 SLEEVE IN HEAVY TRAFFIC AREA GEOTEXTILE FABRIC UNDER SAND SETTING BED SAND LAYER 2 MINIMUM AROUND PIPE SCHED 40 MAIN LINE IN SAND BED CONTROL WIRE IN SCHED 40 CONDUIT SCALE NTS DT-OTS-Trenching Gwg TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Number & Title DEFINITIONS 1 I Addenda 12 Agreement 1 3 Application for Payment 14 Asbestos 1 5 Bid 16 Bidding Documents 1 7 Bidding Requirements 18 Bonds 19 Change Order I In Contract Documents 1 11 Contract Price 112 Contract Times 113 CONTRACTOR 114 defective I IS Drawings 1 16 Effective Date of the Agreement 117 EN(ANEER 1 18 ENGINEERs Consultant 1 19 Field Order 1 20 Goneral Requirements 121 Hazardous Waste 1 22 a Laws and Regulations laws or Regulations 1 12 b Legal Holidays 123 Liens 1 .4 Milestone 125 Notice of Award 1 26 Notice to Proceed 117 OWNER 128 Partial Utilization 129 PCBs 130 Petroleum 131 Project 1 32 a Radioactive Material 1 32 b Regular Working Hours 133 Resident Project Representative 134 Samples 13S Shop Drawings 136 Specifications 137 Subcontractor 1 38 Substantial Completion 139 Supplementary Conditions 140 Supplier 141 Underground FactEties 142 Unit Price Worl, 143 Work 144 Work Change Directive 145 Written Amendment, Page Article or Paragraph Number Number &Title Page Number 1 2 PRELIMINARY MATTERS 3 1 21 Delivery of Bonds 3 1 22 Copies of Documents 3 I I Commencement of Contract I Times Notice to Proceed 3 1 24 Starting the Work 3 1 25 27 Before Starting Construction 1 CONTRACTOR s Responsibility j to Report Prelim nary Scheddes 1 Delivery of Certificates of 1 Insurance 34 1 28 Precanstructicn Conferencq 4 1 29 Initially Acceptable Schedules 4 1 I 3 CONTRACT DOCUMENTS INTENT I AMENDING REUSE 4 I 3 1 32 Intent 4 1 33 Reference to Standards and Speci 1 lications of Technical Societies, I Reporting and Resolving Dis, 2 crepancies 45 _ 34 Intent of Certain Terms or Adjecttvm 5 2 3 S Amending Contract Documents S 2 36 Supplementing Contract 2 Documents 5 2 37 Reuse of Docunents 5 2 2 4 AVAI ABILITY OF I ANDS 2 SUBSURFACE AND PHYSICAL CONDITIONS 2 REFERENCE POINTS 5 2 41 Availability of Lands 56 2 4 2 Subsurface and Physical 2 Conditions 6 2 42 1 Reports and Drawings 6 2 4 2 1 Limited Reliance by CONTRAC 2 TORAuthorized Technical 2 Data 6 2 4 2 3 Notice of Differing Subsurface 2 or Physical Conditions 6 2 424 FNGINEERsReview 6 2 4 2 5 Possible Contract Documents Change 6 2 426 Possible Price and Times 3 Adjustments 67 3 43 Physical Con6twns Underground 3 Facilities 7 3 43 1 Shown or Indicated 7 3 432 Not Shown or Indicated 7 44 Reference Points 7 EICOC OENtRAL cominoN 1910 8(1999 minOM w/ CITY OF FORT COLI.INS MODIFICAMONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 45 Asbestos, PCBs Petroleum Hazardous Waste or Radmactiv, Material 5 BONDS AND INSURANCE 5 1 5 2 Performance Payment and Otha Bonds Licensed Sureties and Insurers Certificates of Insurance 53 54 55 56 56 59 S IU tl] CONTRACTOR S RESPONSIBILITIFS 6 I-6 2 Supervision and Supenntendenc@ 6 3 6 5 Labor Materials and Fqwpmcnt 66 Progress Schedule 67 Substitutes and Or Equal Items CONTRACTOR s Expense Substitute Construction Methods or Procedures FNG[NEERs Evaluation 6 B-6 I I Concerning Subcontractors Suppliers and Others Waiver of Rights 612 Patent Fees and Royalties 613 Permits 614 I ours and Regulations 615 Taxes 614 Use of Premises 617 Site Cleanliness 618 Safe Structural Loading 619 Record Documents 620 Safety and Protection 621 Safety Representative 62' Hazard Communication Programs 623 Emergencies 624 Shop Drawings and Samples rEa I1 Il Il 12 12 12 13 13 14 14 14 14 14 IS Is IS 15 t5 15 16 16 16 16 14 625 Submittal Praceedures CON TRACTOR s Review Prior to Shop Drawing or Sample Submittal 16 626 Shop Drawing &Sample Submit talc Review by ENGINEER 16-17 627 Responsibility for variations Frain Contract Docuriirnts 17 628 Related Work Performed Prior to fiNGNEER s Review and Approval of Required Submittals 17 629 Continuing the Work 17 630 CONTRACTORS General Warranty and Guarantee 17 431433 Indemnification 17 18 634 Survival of Obligations 18 7 OTHER WORK 7 1 7 3 Related WiaV. at Site 74 Coordination ri OWNFR S RFSPONSBTLTfBS 8 1 C anmunicanons to CON TRACTOR 8- Replacement of ENGINEER 83 Furnish Data andPay Promptly When Due 84 Lands and Eesi,ments Reports and Tests 85 Insurance 86 Change Orders 87 Inspections Tests and Approvals S 8 Stop or Suspend Wart. Terminate CONTRACTORS Services 89 Limitations on OWNERS Responsibilities 810 Asbestos, PCBs Petroleum Hazardous Waste a Radioactive Material 811 Evidence of Financial Arrangements ENGINEERS STATUS DURING CONSTRUCTION 91 OWNERS Representative 92 Visits to Site 93 Protect Representative 94 Clarifications and Interpre rations 95 Authorized Va 18 18 to la 18 18 18 19 19 19 19 19 19 19 19 19 19 19 1921 21 21 Ex:IX' QENFRN. CONDITION51910 8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Anicic or Paragraph Page Number &Title Number Number &Title Number 96 Rejecting Defective Work -1 138 139 Uncovering Work at ENGI 9799 Shop Drawings Change Orders NEER s Request p 28 and Payments 21 1310 OWNER May Stop the Work 28 910 Determmatiats for Unit Prices 21 22 1111 Correction or Removal of 911 912 Decisions on Disputes ENG1 Defective Work r8 NEER as Initial Interpreter 22 13 12 Correction Period 28 9 13 Limitations on ENGINEERS 13 13 Acceptance ofDefective Work 28 Authority and Responsibihues 2123 1314 OWNER May Correct Defechle Work 2829 CHANGFS 1N THE WORK 23 101 OWNER a Ordered Change 23 14 PAYMENTS TO CONTRACTOR AND 102 Claim for Adjustment 23 COMPLETION 29 103 Work Not Required by Contract 141 Schedule of Values 29 Documents 23 142 Application for Progress 104 Change Orders 23 Paym ent 29 105 Notificatiort of Surety 23 143 CONTRACTOR s Warranty of Tuk °9 CHANGF OF CONS PACT PRICE 23 144 147 Review of Applications for I 1 1 113 Contract Price Claim for Progress Payments 2930 Adjustment Value of 148 149 Substantial Completion 30 the Work 2324 1410 Partial Utilization 3031 11 4 Cost of the Work �4-25 1411 Hnal Inspection 31 11 o Exclusions to Cow of the Work '5 1411 Final Application for Payment 31 116 CONTRACTORS Fea 'S 1413 1414 Final Payment and Acceptance 31 117 Cost Records 2526 1415 Waiver of clams 31.32 118 Cash Allowances 26 119 Unit Price Worl, 2( I5 SUSPENSION OF WORK AND TERMINATION 32 CHANGE OF CONTRACT TIMES 16 151 OWNER May Suspend Work 32 121 Chum for Adjustment 26 152154 OWNFR May Terminate 31 122 Time of the Essencq 36 15 5 CONTRACTOR May Stop 123 Delays Beyond CONTRACTORS Work or Terminate 32 33 Control 2627 124 Delays Beyond OWNERS and 16 DISPUTF RESOLUTION 33 CONTRACTORs Control z7 17 MISCELLANEOUS 33 TESTS AND INSPECTIONS CORRECTION 171 Giving Notice 33 REMOVAL OR ACCEPTANCE OF 172 Computation of Times 33 DEPEC77VE WORK 27 173 Notice of Clain 33 131 Notice of Defects 27 174 Cumulative Remedies 33 132 Access to the Work 27 175 Professional Fees and Court 13 3 Teats and Inspections Costs Included 33 CONTRACTORS Cooperation 27 176 Applicable State Laws 33-34 134 OWNERS Responsibilities Intentionally left blank 35 Independent Testing Laboratory 27 135 CONTRACTORS EXHIBIT GC A (Optimal) Responsibilities 27 Dispute Resolution Agreement GC AI li 613 7 Covering Work Prior to Inspee 161 166 Arbitration GC AI tion Testing or Approval 27 167 Mediation GC At EI GENERAL MO Flom 1910 a (199a EDrnON) w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9/99) INDEX TO GENIaZAI CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown In this index Article or Paragraph Number Acceptance of Bolds and Insurance 5 14 defective Work 10 4 1 13 5 13 13 final payment 912, 14 15 Insurance 5 14 other Work, by CONTRACTOR 73 Substitutes and Or Equal Items 6 7 1 Work by OWNER 25 630 634 Access to the Lands OWNER and CONTRACTOR responsibilities 41 site related Work 72 Work 132 13 14 149 Acts or Omissions Acts and Omissions CONTRACTOR 691 9133 ENGINFER 6 20 9 13 3 OWNER 620 89 Addenda definition of (also see definition of Specifications) (1 6 1 10 6 19) 1 1 Additional Property Insurances 57 Adjustments — Contract Rice or Contract Times 15 35 41 432 452 453 94 95 102104 11 12 148 151 progress schedule 66 Agreement definition of 12 All Risk Insurance policy form 562 Allowances Cash Il 8 Amending Contract Documents 35 liiendment Witten in general 110 145 35 �10 512 662 682 619 101 104 112 121 13122 1472 Appeal, OWNER or CONTRACTOR intent to 910 9It 104 162 165 Applcafion for Payment definition of 13 FNGBQEERs Responsibility 99 final payment 9 13 4 9 13 5 14 12 14 15 in general 28 29 564 910 155 progress payment 141 147 review of 14 4 14 7 Arbitration 161 166 Asbestos - claims pursuant thereto 4 5 2 4 5 3 CONTRACTOR authorized to stop Work 4 5 2 definition of 14 Article or Paragraph Number OWNER responsibility for 451 810 Possible price and times change 452 Authorized Variations in Work 36 6 25 627 95 Availability of Lands 4 1 84 Award, Notice of -defined 1 '5 Before Starting Construction 2 2 8 Bid definition of 1 5 (1 1 1 10 2 3 3 3 4264 613 1143 1191) Bidding Documents—defmition Of Bidding Requirements definition Of Bonds acceptance of additional bonds Cost of the Work definition of delivery of final Application for Payment general Performance Payment and Other Bonds and Insurance in general Builder's risk all risk policy form ( aneellation Provisions Insurance Cash Allowances Certificate of Substantial Completion Certificates of Inspection Certificates of Insurance 17 )65 58 Change in Contract Rice Cash Allowances clam for price adjustment 41 426 45 515 682 94 95 911 102 105 112 139 1313 1314 147 151 15� 116 16(682) 17(11 4262) 5 14 105 11459 11 5 4 18 rl 51 1412 1414 110 5153 513 913 105 1476 5152 5 562 5411 58 515 11 8 138 63023 148 14 10 9134 135 1412 53 5411 5413 514 9 13 4 1412 CONTRACTORS fee Cost of the Work general Exclusions to Cost Records ingeneral 119 144 911 1042 Lump Sum Pricing Notification of Surety Scope of Testing and Inspection Uncovermg the Work 11 8 114It7 11 5 11 7 1043 II 113_' 105 103 104 139 E OENEf CONDITION51910 8(1990 EDITION) w/ (7TY OF FORT COLLINS MODIFICAMONS (REV 9/991 Unit Price Work 119 CONTRACTORshee Article or Paragraph Number Value of Work C hange in Contract Times Claim for times adjustment 4142645 682 94 95 911 102 105 139 1313 1314 147 151 Contractual time limits Delays beyond CONTRACTORS control Delays beyond OWNERs and CONTRACTORS control Notification of surety Scope of change Change Orders Acceptance ofLiefecnve Work Ami.ndmg Contract Documents Cash Allowances Change of Contract Price Change of Contract Times Changes in the Work ( ONTRACTOR s fee Cost of the Work Cost Records definition of emergencies ENGINEER s responsibility 98 104 execution of Tridemnifictnoq 612 616 Insurance, [fonds and 510 OWNERmay terminate OWNERS Responsibility Physical Conditions Subsurface and. Underground Facilities - Record Documents Scope of Change Substitutes Unit Pnce Work value of Work covered b5 Changes in the Wok Notification of surety, OWNERs and CONTRACTORS responsibilities Right to an adjustment Scope of change Claims against CONTRACTOR against ENGINEER against OWNER Change of Contract Price Change of Contract Tunes CONTRACTORS 4 71 94 95 11 2, 119 121 151 M. Article or Paragraph Number 113 CONTRACTOR s liability 14 612 Cost of the Work 5 15 Decisions on Dispute$ 121 Dispute Resolution 155 Dispute Resolution Agreement 122 ENGINEER as initial mterpretor Lump Sum Pricing 123 Nonce of 114 103 103 104 13 13 �5 11 8 12 10 116 114117 117 19 023 112 121 104 631633 513 105 152114 $6 104 42 432 619 103104 673 682 119 113 la 105 104 102 103 104 616 632 632 94 112 94 121 911 102 139 148 155 173 616 631 114115 911 912 161 161 166 911 1132 173 OWNERs 94 95 911 102 112 H 9 121 139 13 13 1314 173 OWNERS Lability 5 5 OWNER may refuse to male payment 147 Professional Fees and Court Costs Included 175 request for formal decision ep 9 11 Substitute Items 6 7 12 Time Extension 121 Time requirements 9 11 121 Unit Price Work 1193 Value of 11 3 Waiver of on Final Payment 14 14 14 1� Work Change Directive 102 written notice required 9 11 112 121 Clarifications and Interpretations 363 94 911 Clean Site 617 Codes of Technical Society Organization or Association $ 3 3 Commencement of Contract Times 23 Communications general 62 692 8 1 Hazard Communication Programs 622 Completion Final Application for Payment 14 12 Amal Inspection 14 11 Final Payment and Acceptance 1413 1414 Partial Utilization 1410 Substantial Completion t 38 148 149 Waiver of Claims 1415 Computation of Times 1721 1722 Concerning Subcontractors Suppliers and Others 6" 11 Conferences initially acceptable schedules 29 preconsiructioq 28 Conflict. Error Ambiguity Discrepancy CONTRACTOR to Report 25 3 3 2 Construction before starting by CONTRACTOR 2 5 2 7 Construction Machinery Equipment etc 64 Continuing the Work 629 104 Contract Documents — Amending 3 5 Bonds 5 1 E9 OENERAI. COt ITIOM 1910 8 (1990 FDITIOM w/ aTY OF FORT COLUNS MODMCA71(M (REV 9/99) (a9h Allowances 118 Stop Work requirements 4 5 2 CONTRACTORs— Article or Paragraph Number Change of Contract Price I 1 Change of Contract Times 12 Changes in the Work 10 4-1(15 check and verify 25 Clarifications and Interpretations 32 36 94 9 11 definition of 1 10 ENGINEER as initial interpreter of 911 ENGINEER as OWNER s representative 91 genera13 Insurance 53 Intent 31 34 minor variations in the Work 3 6 OWNER responsibility to famish data 83 OWNERS responsibility to make prompt payment 83 144 1411 precedence 3 1 3 3 3 Rewrd Dmuments 6 19 Reference to Standards and Specifications of Technical Societies 33 Related Work 72 Reporting and Resolving Discrepancies 2 5 31 Reuse of 37 Supplementing 36 Term matron ofENbINEER s Employm ent 82 Unit Price Work 119 variations 36 623 627 Visits to Site ENGINEER s 92 Contract Price — adjustment of 35 41 94 103 112113 Change of J 1 Decision on Disputes 911 delmition of j 11 Contract Times adlustm ent of 3 5 4 1 9 4 10 3 12 Change of J 2 1 124 Commencement of 23 def ration of 1 12 CONTRACTOR — Acceptance of Insurance 5 14 Communications 62,692 Continue Work 629 104 coordination and scheduling 692 definition of 1 13 Limited Reliance on Technical Data Authorized 4 2 2 May Stop Work or Terminate I S 5 provide site access to others 72 132 Safety and Protection 43 12 616 618 6 21623 72 132 Shop Drawing and Sample Renew Pnor to Submittal 615 Article or Paragraph Number Compensation 11 1 112 Continuing Obligation 1415 Defective Work 96 13 10-1314 Duty to correct defective Work J3 11 Dutv to Report Changes in the Work caused by Emergency 623 Defects in Work of Others 73 Differing conditions 4 2 3 Discrepancy in Documents 25 3 3 ^_ 6 14 2 Underground Facilities not indicated 432 Emergencies 623 Equipment and Machinery Rental Cost of the Work 11453 Fee Cast Plus 11 4 5 6 11 5 1 11 6 General Warranty and (ruararace 630 Hazard Communication Programs 622 Indemnification 612, 616 631 633 Inspection of the Work 73 134 Labor Materials and Fquipment 6 3 6 0 1 aws and Regulations, ( omphance by 6 14 1 Liability Insurance 54 Notice of Intent to Appeal 910 104 obligation to perform and complete the Work 6 30 Patent Fees and Royalties paid for by 612 Performance and Other Bonds 5 1 Permits obtained and paid for by 013 Progress Schedule � 6 28 29 66 629 104 1521 Request for formal decisionon disputes 911 Responsibilities Changes in the Work 101 Concerning Subcontractors Suppliers and Others 68611 Continuing the Work 629 104 CONTRACTORsexpense 071 CON PACTORs General Warranty and Guarantee 630 CONTRACTOR s review prior to Shop Drawing or Sample submittal 625 Coordination of Wad 692 Emergencies 623 ENGINEERS evaluation Substitutes or Or Equal Items 6 7 3 For Acts and Omissions of Others 6 9 1 692 913 for deductible am ounts insurance 59 general 6 72 73 89 Hazardous Communication Programs 622 Indemnification 631 633 ni DICDC O6NFRAi. COimmoxs 191a 8 (199a EDIMON) wJ CITY OF FORT COLLIM MODiFTCA11ONa MV 91" Labor Materials and Equipment 6 3-6 5 CONTRACTORS -other 7 Laws and Regulations 614 Contractual Liability Insurance 54 10 Liability Insurance 5 4 Contractual Time Limits 122 Article or Paragraph Article or Paragraph Number Number Notice of variation from Contract Coordination Documents 627 CONTRACTORS responsibility 69. Patent Fees and Royalties 612 Copies of Documents 22 Permits 613 Correction Period 1312 Progress Schedule 66 Correction Removal or Acceptance Record Documcna 619 of Defective Work related Work performed prior to in general 10 41 13 W-13 14 ENGINEERS approval of required Acceptance ofDefechve Work 1313 submittals 628 Correction or Removal of safe structural loading 6 18 Defective Wort. 630 13 11 Safety and Protection 620 72 13 2 Correction Period 13 12 Salety Repreuntative 621 OWNER May Correct Defective Work 1314 Scheduling the Work 692 OWNER May Stop Work 13 10 Shop Drawings and Samples 624 Cost Shop Drawings and Samples Review of Tests and Inspections 134 by ENGINEER 626 Recadsl17 Site Cleanliness 617 Cost of the Work Submittal Procedures 625 Bonds and insurance additional 11459 Substitute Construction Methods Cash Discounts )1 4 2 and Procedures 6 7 2 CONTRACI ORs Fee 116 Substitutes and Or Equal Items 67 1 Employee Expenses 1 t 4 5 1 Superintendence 62 Exclusions to 115 Supervision 6 1 Oeneralll 4-11 5 Survival of Obligations 634 Home offic, and overhead expenses 115 Taxes 615 Losses and damages 114 5 6 Tests and inspections 13 5 Materials and equipment 1142 To Report 2 5 Minor expenses 11458 Use of Premises 6 16-6 18 6 30 2 4 Payroll costs on changes 11 4 1 Res iew Prior to Shop Drawing a performed by Subcontractors I 1 4 3 Sample Submittal 625 Records ll7 Right to adjustment for changes in the Work 102 Rentals of construction equipment right to claim 4 7 1 9 4 9 5 9 11 10 2 11 2 and machinery 11453 119 12 1 13 9 14 8 15 1 15 s 173 Royalty payments, perm its and Safety and Protection 6 M6 22 72 132 1 rcense fees 114 5 5 Safety Representative 621 Site office and temporary facilities 11452 Shop Drawings and Samples Submittals 6 24-6 28 Special Consultants CONTRACTOR s 1144 Special Consultants 1144 Supplemental 1145 Substitute Construction Methods and Procedures 6 7 Taxes related to the Work 11454 Substitutes and Or Equal Items Tests and Inspection 134 Expense 67 1 6 7 2 fride Discounts 1142 Subcontractors Suppliers and Others 68 6 11 Utilities fuel and sanitary facilities 114 5 7 Supervision and Superintendence 61 62 621 WW ork after regular hours 11 41 Taxes, Payment by 615 Covering Wort. 13 6-13 7 Use of Premises 6 16-6 18 Cumulative Remedies 174 175 Warranties and guarantees 65 630 Cutting, fitting and patching, 72 Warranty of Title 143 Dam, to be furnished by OWNER 83 Written Notice Required Day —definition of 17 2 2 CONTRACTOR stop Work a terminate 15 5 Decisions on Disputes 911 912 Reports of Differing Subsurface defecnre definition of 1 14 and Physical Conditions 4 2 3 defective Work Substantial Completion 148 Acceptance of 1041 1313 vin EICDC GENERAL COND1110M 1910 8 (199s FDITION) w/ CITY OF FORT COI LINS MODIFICATIONS (RFV 91") Correction or Removal of 1041 13 11 Correction Period 13 P in general 13 147 1411 Article or Paragraph Number Observation by ENGINEER 92 OWNER May Stop Work 1310 Prompt Nutt" of Defects 131 Rejecting 96 Uncovering the Work 138 Definitions 1 Delays 41 629 123 124 Delivery of Bonds 21 Delivery of certs[eates of insurance 17 Determmations for Unit Prices 910 Differmg Subsurface or Physical Conditions Notice of 4 2 3 FNGINEERs Review 4 2 4 Possible Contract Documents ents ( hange 4 ^ 5 Possible Price and Times Adjustments 426 Discrepanues-Reporting and Resolving 2 5 3 3 2 6 142 Dispute Resolution — Agreement 161 166 Arbitration 161 16 5 genera116 Mediation 166 Dispute Resolution Agreement 161 166 Dispir" Decisions by FNGINEER 911 912 Documents Copies of 22 Record 6 19 Reuse of 3 7 Drawings -0efinnicn of 1 15 Fasements 41 Effective date of Agreement definition of J 16 Emergencies 623 ENGINEER as initial interpreter on disputes 911 912 definition of 117 Limitations on authority and responsibilities 9 13 Replacement of 8. Resident Project Representative 93 ENGINEER Consultant definnronof 118 ENGINEERS authority and responsibility line tations on 913 Authorized Variations in the Work 95 Change Orders, responsibility for 97 10 11 12 Clarifications and Interpretations 363 94 Decisions on Disputes 9 11 912 defective Work notice of 131 Evaluation of Substitute Items 6 7 3 Liability 632 912 Notice Work a Acceptable 14 13 Observations 6302 92 OWNER s Representative 91 Payments to the CONTRACTOR Responsibility for 99 14 Recommendation of Payment 144 1413 Article or Paragraph Number Responsibilities Limitations on, 911 913 Review of Reports on. Differing Subsurface and Physical Conditions 424 Shop Drawings and Samples review responsibility 626 Status During Construction authorized variations in the Work 95 Clanfications and Interpretations 94 Decisions on Disputes 911 912 Determinations on Unit Price 910 ENGINEER as Initial Interpreter 911 912 FNGINEERs Responsibilities 9 1 9 1' Lim imtions on ENGINEER s Authority and Responsibilities 913 OWNERs Representative 91 Project Representative 93 Rejecting Defective Work 96 Shop Drawings Change Orders and Payments 9799 ]sits to Site 92 Unit Price determinations 9 10 S Isits to Site 9 Written consent required 72.91 Equipment Labor Materials and o 3-6 5 Equipment rental Cost of the Work 11 4 5 3 Equivalent Materials and Equipment 07 error or oar Isslons 633 Evidence of Financial Arrangements g l l Explorations of physical conditions 4 2 1 Fee CONTRACTORS —Costs Plus J16 Field Order definition of 1 19 issued by ENGINEER 361 95 Final Application for Payment 14 12 Final Inspection 1411 Final Payment and Acceptance 14 13 1414 prior to for cash allosences jig General Provisions 173 174 General Requirements — definition of J 20 prmupal references to 2 6 64 6 6-6 7 6 24 Giving Notice 171 Guarantee of Work —by CONTRACTOR 630 1412 Hazard Communication Programs 622 Hazardous Wasto- dofmnion of J 21 general 45 OWNERs responsibility for 810 E)C - 06NERAi. CONDITIONS 1910 5 nW EDITION) a/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification 6 12, 6 16 611 613 Insurance 5 1 Initially Acceptable Schedules 29 Precedence 3 1 3 3 3 Inspection Reference to 3 3 1 Certificates of 9 13 4 13 5 14 12 Safety and Protection 620 132 final 14 11 Subcontractors Suppliers and Others 6 M I Article or Paragraph Article or Paragraph Number Number Special requred by ENGINEER 9 6 Tests and Inspections 13 5 Tests and Approval 87 133 134 Use of Premises 616 Insurance Visits to Site 9 2 Acceptance of by OWNER 514 Liability Insurance Additional required by changes CONTRACTORS 54 in the Work 11459 OWNERS 55 Before starting the Work 27 Lcensed Sureties and Insurers 53 Bonds and in general 5 Liens Cancellation Provisions 58 Application for Progress Payment 142 Certificates of 27 e 53 5 4 11 5413 CONTRACTOR s Wwmty of Title 143 > 6 5 58 514 9 13 4 1412 Final Application for Payment 1412 completed operations 54 11 definition of 1 23 CONTRACTORS Liability 5 4 W aiver of Claims 14 h CONTRACTOR objection to coverage 5 14 Limitations on ENGINEER s authority and Contractual Liability 54 10 responsibilities 913 deductible amounts CONTRA( TORs I united Reliance by CONTRACTOR responsibility 59 Author ved 4-2 Final Applmalon for Payment 1412 Maintenance and Operating Manuals Licensed Insurers 53 final Application for Payment 1412 Notice requirements material changes 5 8 105 Manuals (of others) Option to Replace 5 14 Precedence 3 13 1 other special insurances 5 10 Reference, to in Conir"t Documen4 3 3 1 OWNER as fiduciary for insureds 512 5 13 Materials and equipment OWNERS Liability 55 furnished by CONTRACTOR 63 OWNER s Responsibility 81 not incorporated in Work 142 Partial Utilization Property Insurance 5 15 Materials or equipment equtvalent 07 Property 56 5 10 Mediation (Optional) 167 Receipt and Application of Insurance Milestones- definition of 124 Proceeds 125 13 Miscellaneous Special Insurance 510 Computation of Times 172 Waiver of Rights 5 11 Cumulative Remedies 174 Intent of Contract Documents 3 1 3 4 Giving Notice 171 Interpretations and Clarifications 363 94 Notice of Claim 173 Investigations of phywcal conditions 4 2 Professional Fees and Court Costs Included 171 Labor Materials and Equipment 065 Multi prime contracts 7 lands Not Shown or Indicated 4 3 2 and Easements 84 Notice of Availability of 41 84 Acceptability of Project 1413 Reports and Tests 84 Award, definition of 1 25 Laws and Regulations- Laws or Regulations Claim J7 3 Bonds 51 12 Defects 13 1 Changes in the Work 104 Differing Subsurface or Physical Conditions 423 (,ontract Documents 31 Giving 17 1 CONTRACTORS Responsibilities 614 Correction PenodAfeceve Work 13 12 Tests and Inspections 133 Cost of the Work taxes 11454 Variation, Shop Drawing and Sample 027 definition of 122 Nance to Proceed— guiera16 14 definition of 126 Indemnification 631-633 giving of 23 F1 GENERAL CONDITIONS 1910 6 O"o MITION ) w/ Oi OF FORT COI UNS MODIFICATIONS (RFV 9/99) Notification to Surety 105 Observations, by ENGINEER 63092 Occupancy of the Work 5 15 6 30 2 4 14 10 Omissions or acts by CONTRACTOR: 69 913 Open Peril policy form Insurance 562 Option to Replace 5 14 Article or Paragraph Number Or Equal Items 67 Other weak 7 Overtime Work prohibition of 63 OWNER Acceptance ofdefecbve Work 13 13 appoint an ENGINEER 8 2 as fiduciary 5 125 13 Availability of Land; responsibility 4 1 definition of 127 data furnish 83 May Corset Defective Work 1314 May refuse to make payment 147 Mav Stop the Work 1310 May Suspend Work Terminate 8 8 13 10 15 1 154 Payment make prompt 83 144 1414 performance of other work 71 permits and licenses requirements 613 purchased insurance requirements 5 6-5 10 OWNER s. Acceptance of the Work Change Orders obligation to execute Communications Coordination of the Work Disputes, request for decision Inspections, tests and approvals Liability Insurance Notice of Defects Representative- During Construction ENGINEFRs Status Rcsponsrbihtts Asbestos PCBs, Petroleum Hazardous Waste or Radioactive Material Change Orders Changes in the Work communications CONTRACTOR s responsibilities evidence of financial arrangements inspections tests and approvals insurance lands and easements prompt payment by replacement of ENGINEER reports and tests stop or suspend Work terminate CONTRACTORs services separate representative at site 63025 86 104 81 74 911 87 134 55 131 88 1310 91 8 10 86 101 81 89 8 11 87 85 84 83 82 84 151 88 152 93 testing independent use a occupancy of the Wok written consent or approval required 134 515 630�4 1410 91 63 114 E1C13C OENQtAI. CONDITIONS 1910 8 (1990 tDITiOM w/ CITY OF FORT COLLMS MODIFICATIONS (REV 91") ATTENDANCE RECORD PREBID CONFERENCE Project 6084 Old Town Square Irrigation Time 10 30 amDate January 24 2008 Location Old Town Ice Rink PRINT NAME PRINT FIRM NAME ADDRESS ELEPHONE FAX # E-MAIL ADDRESS �r7 "2rUa,r GJ O1 t rYiti��*rx q-10 5� 970 c%^ rx �Fff�2�kv HLaa ft�x�+ G 'i�a�3 v $o5d9 %�rli� �( N7el ?i�19( L/}1C�5c�tfie �j /��76 o0l;7 5 u� (`7l r i / /VC, Article or Paragraph Number written notice required 71 94 911 It 119 147 154 PCBs definition of 129 general 45 OWNER s responsibility for 810 Partml Utilization definition of 1 28 general 6 30 2 4 14 10 Property Insurance 15 Patent Fees and Rovalties 6 12 Payment Bonds 5 152 Payments Recommendation of 144147 1413 Payments to CONTRACTOR and Completion — Application for ProgressPayments J42 ( ONTRA(TOR s Warranty of Title 143 Final Application for Payment 1412 hmal Inspection 1411 Final Payment and Acceptance 1413 1414 general $ 3 14 Partial Utilization 14 10 Retamage 142 Review of Applications for Progress Payments 144 147 prompt payment 83 Schedule of Values 141 Substantial Completion 148 149 Wa)v,r of Claims 14 U when payments due 144 14 13 withholding payment 147 Performance Bonds 5 1 52 Perm its 6 13 Petroleum definition of 110 general 4 5 OWNERS responsibility for 810 Physical Conditions Drawings of in or relating to 4112 FNGTNEER s review 4 2 4 existing structures 4 2 2 general 21 2 Notice of Differing Subsurface or 4 2 3 Possible Contract Documents Change 42 5 Possible Price and Times Adjustments 4 2 6 Reports and Drawings 42 1 Subsurface and 42 Subsurface Conditions 4 0 1 1 Technical Data Limited Reliance by CONTRACTOR Authorized 4'- Underground Facilities general 4 3 Not Shown or Indicaed 4 3 2 Protection of 43 620 Article or Paragraph Number Shown or Indicated Technical Data Preconstructlon Conference Preltminary Matters Preliminary Schedules Premises Use of Price Change of Contract Price Contract. definition of Progress Payment Applications for Progress I ayment retarnage Progress schedule CONTRA( TORs 66 431 422 28 26 6 16-6 18 11 1 11 J4 142 26 28 29 104 1521 Project —definition of 131 Project Representative ENGINEERS Status During Construction Project Representative, Resident -definition of prompt payment by OWNER Property Insurance Additional generals 6-5 10 629 93 133 83 57 Partial Utilization 515 14102 rec.opt and application of proceeds � 12 5 13 Protection Safety and (,20-6 21 13- Punch list 14 11 Radioactive Mmerial defnton of general4 5 OWNERS responsibility fm Recommendation of Payment 144 145 Record Documents 619 Records procedures for maintsrning Reference Points Reference to Standards and Specifications of Technical Societies Regulations Laws and (u) Rejecting Defective Work Related Work at Site Perfumed prior to Shop Drawings and Samples submittals review Remedies cumulativ, Removal or Correction ofDefecnve Work rental agreements OWNER approval requued replacement of ENGINEER, by OWNER Reporting and Resolving 1 32 5 10 14 13 14 12 28 44 33 6 14 96 7173 629 174 175 13 11 11453 82 Discrepancies 25 3 3 2 6142 Reports and Drawings 42 1 and Tests. OWNER s responsibility 84 Resident and Project Representative definition of 1 33 provision for 93 an C)COC (ENE2V. CONDRIONS 191a ROM MMOM w/ CITY OF FORT COI UNS MODMCA17ONS (RFV 9/99) Article or Paragraph Number Article or Paragraph Number Resident Superintendent, CONTRACTORS 62 Responsibilities submittal required 6 24 1 CONTRACTOR s-m. general 6 Submittal Procedures 625 use to approve substitutions 673 Shown or lndicat d 4 3 1 ENGINEER s-in general 9 Site Access 72 132 Limitations on 913 Site Cleanliness 617 OWNERS in general 8 Site Visits to— Remmage 142 by ENGINEER 92 132 Reuse of Documents 37 by others 132 Review by CONTRACTOR Shop Drawings special causes of loss policy farm and Samples Prior to Submittal 6 25 insurance 562 Review of Applications far definition of 1 36 Progress Payments 144147 Specifications — Right to an adjustment 102 deftnatiort of 1 36 Rights of Way 4 1 of Technical Societies reference to 3 3 1 Royalties Patent Fees and 612 precedence 3 3 3 Safe Structural Loading 618 Standards and Specifications Safety of Technical Societies 33 and Protection 4 3 2 6 16 618 Starting Construction Before 15 18 6 20-6 21 7 2 13 2 Starting the Work 24 general 020 623 Stop or Suspend Work Representative CONTRACTOR s ¢ 21 by CONTRACTOR 15 5 Samples by OWNER 88 13W 151 definition of 134 Storage of matertals and equipment 4 1 72 general 6 N 6 28 Structural Loading Safety 618 Review by CONTRACTOR 6 25 Subcontractor Review by ENGINEER 626 6 _7 Concerning, 6 S 6 11 related Work ¢ °8 definition of J 37 submittal of 6242 delays 123 submittal procedures 625 waiver of rights 611 Schedule of progress 26 28 2 6 66 Subcontractors in general 68611 629 104 I s 2 1 Subcontracts- required provisions 5 11 6 11 1143 Schedule of Shop Drawing and Sample Submittals — Submittals 2 6 2 8 2 9 6 24 6 28 Applications for Payment 142 Schedule of Values 26 2 8 2 9 141 Maintenance and Operation Manuals 14 12 Schedules— Procedures 625 Adherence to J 5 2 1 Progress Schedules 26 29 Adjusting 66 Samples 624628 Change of Contract Time; 104 Schedule of Values 26 141 Initially Acceptable 8 19 Schedule of Shop Drawings and Samples Preliminary ,6 Sabot lssions 262829 Scope of Changes 103 104 Shop Drawings 6 24b 28 Subsurface Conditions 4 2 1 1 Substantial Completion — Shop Drawings— certification of 6 30 2 3 14 8 14 9 and Samples general 6 24-6 28 defnation of J 38 Change Orders 9c Applications for Substitute Construction Methods or Procedures 672 Payments and 9 7 9 9 Substitutes and Or Equal Items 67 definition of 135 CONTRACTOR s Expense 07 13 ENGINBERs approval of 362 ENGINEERS Evaluation 673 ENGINEER s responsibility Or Equal 67 11 for review 97 624628 Substitute Construction Methods related Work 628 review procedures 28 6146 28 >< E1COC 013IrERAi. CONDi7101,13 1910 8 (1990 M11010 .1 CITY OF FORT COLLINS MODIFICATIONS (FIFV 91") rem porary construction facilities 41 Article or Paragraph Article o Paragraph Number Number a Procedures Substitute Items Subsurface and Physical Conditions Drawings of in or relatng to ENGINEER Review general Limited Reliance by CONTRACTOR Authorized Notice of Differing Subsurface or Physical Conditions Physical Conditions Possible Contract Documents Change Possible Price andTunes Adjustments Reports and Drawings Subsurface and Subsurface Conditions at the Site Technical Data Supervision — CONTRACTORS responsibility OWNER shall not supervise FNGINFER shall not supervis4 Superintendence Superintendent CONTRACTOR s resident Supplemental costs Supplsmentar3 Conditions 672 6712 4212 424 42 42' 423 4212 425 426 421 42 4211 422 61 89 92.9132 61 62 1145 definition of 139 principal references to 1 10 118 22 27 42 43 51 53 54 5659 511 68 613 74 811 93 910 Supplementing Contract Ibcuments 36 Supplier definition of principal references to 37 6� 68611 624 913 Waiver of Rights Surety — consent to final payment ENGINEER has no duty to Notification of qualification of Survival of Obligations Suspend Wok, OWNER May Suspension of Work and Termination — CONTRACTOR May Stop Work or Term mate OWNFR May Suspend Work OWNER May Terminate 3 axes- Payment by C ONTRACFOR Techntcal Data Limited Reliance by CONTRACTOR Possible Price and Times Adjustments Reports of Differing Subsurfacx and Physical Conditions xry 140 6 20 14 12 611 Termmatron by CONTRACTOR by OWNER of ENGINEERS employment Suspension of Wort. in general Terms and Adjectives Tests and rnspecttons- Aceess to the Work, by others CONTRACTORS responsibilities cost of 13 4 covering Work prior tq Laws and Regulations (or) Notice of Defects OWNER May Stop Work OWNER s independent testing special required by ENGINEFR timely notice required Uncovering the Work. at ENGINEER! request Times- AdjustingChange of C ontract Computation of Contract Times definition of day Milestones Requirements appeals clarifications claims and disputes Commencement of Contract Tune! Preconstructtan Conference schedules Starting the Work Title Warranty of Uncovering Work 155 88 151154 82 15 34 132 13 5 136137 135 131 1310 134 96 134 138139 66 1, 17' 1 12 1722 12 910 16 9 11 112 12 23 28 26 29 66 4 143 138139 14 12 14 14 Underground Facilities Physical Conditions- 913 definition of 1 41 101 105 151 Not Shown a Indicated 4 3 2 5 1� 3 protection of 43 610 634 Shown or Indicated 4 3 1 1310 151 Unit Price Work — Is claims 1193 definition of 141 151 generall 19 14 1 14 5 151 Unit Priaes- 1521S4 general 1131 615 Determination for 910 Use of Remises 616 618 63024 4 2 2 Utility owners 4 13 6 20 7 1 7 3 13 2 426 Utilization Partial 128 515 63024 1410 Value of the Work 113 423 Valw% Schedule of 2 6 2 8 2 9 141 EK OEN6RAi. CONOMOM 1910 S (isso FAir1ON) .1 CITY OF FORT COLLINS MODIFICATIONS (aEV 9199) Variations in Work Minor Authorized 625 627 95 Article or Paragraph Number Visits to Site by ENGINEER,, 92 Waiver of Claims -on Final Payment 1415 Waiver of Rights by insured panic* 511 611 Warrantyand Guarantee General by CONTRACTOR 030 Warranty of Title CONTRACTORS 143 Work Access to 132 by others 7 Changes in the 10 Continuing the 629 CONTRACTOR May Stop Work or Term mate 15 5 Coordmation of 74 Cost of th, 114 115 definition of 1 43 neglected by CONTRACTOR 13 14 other Work 7 OWNER May Stop Work 1310 OWNER May Suspend Work 13 10 U 1 Related, Work at Sitc 7 17 3 Starting the 14 Slipping by CONTRACTOR I S 5 Stopping by OWNER I S 1 04 Variation and deviation authorized minor 16 Work Change Diruaive claims pursuant to 102 definition of 144 principal references to 3 5 3 101 10 2 Written Amendment definition of 145 principal references to 1 10 3 5 5 1015 12 ¢62 682 619 101 104 112 121 13 12 . 147' Written Clarifications and Interpretations 363 94 911 Written Notice Required — by CONTRACTOR 71 910 9 11 104 112 121 by OWNER 910911 104 112 1314 zv FJ(.'DC OENEIrAL CONDITIONS 1910- (1990 EDITION) .1 CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) (This page left blank intentionally) EK OCNLRAL COImmONS 1910 8 (1990 minx) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 91") GENERAL CONDMONS ARTICLE 1—DEFINMONS Wherever used in thew General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof 1 I Addenda —Written u graphic instruments issued pnor to the opening of Bids which clarify correct or change the Bidding Requirements or the Contract Documents 1 2 Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be perfumed. other Contract Documents are attached to the Agreement and made a pan thereof as provided thereat 13 Applicaaort for Payment—Tlx form accepted by ENGINEER which its to be used by CONTRACTOR m requesting Progress or final payments and which its to be accompanied by such supporting documentation as is required by the Contract Documents, 14 Asbestos —Any material that contains more than one percent asbestos and is linable or a releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration 15 Bid —The off r or proposal of the hiddds submitted of the prescribed font setting forth the prices for the Work to he performed 16 Bidding Docimm&—The advertisement or invitation to Bid, instructions to bidders, the Bid form and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids) 1 7 Bedding Requirements The advertisement or invitation to Bid, antnioonts to bidders, and the Bid form 18 Bonds —Performance and Payment bonds and other instruments of security 19 Change Order —A document recommended by ENGINEER., which is signed by CONTRACTOR and OWNER and authaizes an addition deletmn or revision in the Wort, a an adjustinent in the Contract Price or the Contract Times, issued on or after the Ellective Date of the Agreement 110 Contract Documents —The Agreement, Addenda (winch pertain to the Contract Documents) CONIRACIORs Bid (includingdoaTwadatien accompanying the Bid and any post Bid documentation submitted pna to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to proceed, the Bads, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJMCGENFRAL CONDITIONS 1910F (19W E6tam w/ t7rY OF FORT OOLLINS MODIF=IONS (REV VIUM saute are more specifically identified in the Agreement together with all Witten Amendmcnu, Change Orders, Work Change Duectives, Field Orders and ENGINEERS wnnen interpretations and clarifications issued pursuant to paragraphs 3 5 36 1 and 3 63 an or after the Effective Date of the Agreement Shop Drawing submittals approved pursuant to paragraphs 626 and 627 and the reports and drawings referred to at paragraphs 4 2 1 and 4 2 2 are not Contract Documents. 111 Contract Pnce—The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 119 1 in the case of Unit Price Work) 112 Contmel Times —The numbers of days or the dates stated in the Agreement () to achieve Substantial Completion, and (a)to complete the Work so that it is ready for final payment as evidenced by ENGII4EERs written recommendation of 6ral payment in accordance with paragraph 1413 1 13 CONTRACTOR The person, from or corporation with whom OWNER has entered into the Agreement 1 14 defective —An adjective which when modifying the word Work ref rs to Work that is unsatisfactory faulty or deficient in that it does not conform to the Contract Ibcuments, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documetts, a has been damaged pnor to ENGLNEERs recommendation of Final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in amordana with paragraph 14 8 or 14 10) 1 15 Drawings The drawings winch show the scope extent and chmacder of the Work to be finished and performed by CONTRACTOR and winch have been prepared or approved by ENGINEER and are referred to in the Contract Documents, Shop drawings are not Drawings as so defined 116 Elective Dare of the Agreensent—The date indicated m the Agreement on which t beoones effective but if iso such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver 117 ENGINEER —The person, fan a corporation named as such in the Agreement 1 18 ENGINEER s Cansultam A person form or corporation having a contract with ENGINEER to fimush services as ENGINEERS independent professional associate u consultant with respect to the Project and who is identified as such in the Supplementary Conditions 119 Field Order —A written order issued by ENGINEER winch orders minor changes in the Work in accordancewith paralmsph 9 5 but which does not involve a charge m the CutmctPna a the ContmctTimes 120 General Requirements —Sections of Division 1 of the Specifications 121 Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended From time to time 122 a Laws and Regulations laws or Regulaaons—Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all govenuoental bodies, agatmes, authorities and courts having jurisdiction. 122 b, Legal Hohdays•-shall be those holidays observed by the City of Fort Collins 123 Liens —Liens, charges, seamy interests or encumbrances upon real property or personal property 124 Milestone A pprrincipal event specified inthe Contract Documents relatug to an intermediate completion date or nine poor to Substantial Completion of all the Work 125 Notice ofAward—A written nonce by OWNER to th apparent successful bidder stating that upon compliance by the apparent successful bidder with the condmions preoWent enumerated therein within the time specified, OWNER will sign and deliver the Agreement 126 Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date m wluLh the Contract Times will commence to run and an which CONTRACTOR shall start in perform CONTRACTORS obhgwona under the Contract Doaments 127 OWNER —The public body or authority corporation, association, firm or person with whom CONTRACTOR has entered rmo th, Agreement and for whom the Work is to be provided 128 Partial Unitzation—Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work 129 PCBs —Polychlorinated bipheryls 130 Peroleum—Petroleum including crude oil or any @action thereof which is liquid at standard catdrbons of temperature and pressure (60 degas Falueeeit and 14 7 pounds per square inch absolute) such as oil petroleum fuel otk oil sludge, oil refuse gasoline kerosene and oil mixed with oiler titan Hazardous Wastes and crude oils 1.31 Project —The total construction of which the Work to be provided under the Contract Docuicns may be the whole, or a part as indicated elsewhere in the Conhacl Documents, 132 a Radioactive MatenahSatoe special nuclear or Nprodoct material as defined by the Atomic Energy Act of EK'DCOLVEKAL CONDMOM 19108 (1990E6am) W aTy OF FORT COLLIM MODIFICATIONS (REV 0000) 1954 (42 USC Section 2011 et seq) as amended from nine in time 132 b Regular Working Bows—Re¢ulw working hours are defined as 7 0(Am to 6 00 m unless oditaw se specified in the General Requirements 133 Resident Protect Representative —The authorized retresentatn a of ENGINEER who may be assigned to the site or any pan thereof 134 Samples—Plwscal esamples of materials equipment, or workmanship that we representative of some portion of the Work and which establish the siardards by which such portion of the Work will be judged 135 Shop Drainngs—All drawings, diagrams dlustmtmns, schedules and other data or information which are s}xci6ca11y prepared or assembled by or for CONTRACTOR end submitted by CONTRACTOR to illustrate some portion of the Work 136 Speofrcanons—Those pomats of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to fix Work and certarn administrative details applicable thereto 137 Subcontractor —An individual hum or corporation having a direct contract with CONTRAC fOR or with any other Subcmhactor for the performance of a part of the Work at the site 118 Subsumnal Compfenoe—The Work for a specified part thereol) has progressed to the pout where in the opinion of FNGINEE'R as evidenced by ENGINEERS definitive certificate of Substantial Completion it is sufficiently complete in accordance with the Contract Documents so that the Work (or spec fi d part) can be utilized for the purposes for which it is intended or if no such certificate is timed, when the Work is complete and ready for fual payment as widened by FNGINEERs written recommendation of final payment in accordance with paragraph 14 13 The terms substantially complete and substantially completed as applied to all or part of fhe Work refer to Substar ml Completion thereof 139 Supplementary Condrons—The part of the Contract Documents which amends or supplements these General Conditions 140 Suppher--A manufacturer fabricator wppha distributor matenalmm or vendor having a direct contract with CONTRACTOR a with any Subcontractor to furnish materials or equipment to be mootpomted in the Wank by CONTRACTOR or am Subcontractor 141 Undergrotmd Famhnes—All ptpehn e& conduits, ducts, cables, wires, manholes, vault; tanks, tunnels or other such facilities or attachments, and arty erczsemenis comstrung such facilities which have been installed underground to furntish any of the following services or materials electricity gazes. steam liquid petroleum products, telephone or other commumcatiom cable television, sewage and drainage removal traffic or other control systems cr water 142 Unit Pnce Work —Wank to be paid for m the basis of unit prices 143 WorA—The entue completed construction or the various separately xlentrfiable parts thereof required to be furnished under the Contract Dacmnents Wok includes and is the result of performing m furnishing labor and furmslnng and incorporating materials and equipment into the construchm, and performing or f rmashi g services and furnishing documents, all as reputed by the Contra Doettmems 144 Work Change Drrecnve—A written dneaivc to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordaug an addition. deletion o revision in the Work or respordag to differing or unforeseen physical conditions under which the Work is to be performed as provided in pamgmph42 or 43 or to emergenaes under paragraph623 A Work Change Directive will not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or docmnented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any m the Contract Price or Contact Times as provided in paragraph 102 145 Written Imendbtrem—A written amendment of the Contract Documents, signed bI OWNER and CONTRACTOR on or after the Effective DTte of the Agreement and normally dealing with the norsngm enng or nontechnical rather than strictly consiruchonaelated aspects of the Contract Documents ARTICLE 2—PRELIMINARY MATTERS DeliveryofBondr 21 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also dealer to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5 1 Copies of Documents. 22 OWNER shag finish to CONTRACTOR up to ten copies (unless otherwise speafied in the Supplementary Conditions) of the Contract Documents ds are reasonably necessary for the execution of the Work Additional copes will be famished upon request, at the cost of reproduction Commencement ofConnaa Times Notice m Proceed 23 The Contract Tunes will commence to not on the thuheth day after the Effective Date of the Agreement, or LXDCOENERAL CONDITIONS 191041(1990 Edam) w/ CITY OF FORT ODLLINS MODIFICATIONS (REV 412000) If a Notice to Proceed is given, on the day Indicated in the Notice to Proceed A Nottee to Proceed may be given at any time withm lhuty days after the Effective Date of the Agreement In noP.-ma...ai .h_ •.mom+-�+sen��r,m_ .rwe�r�n+�we _ Smrtmg the Work 24 CONTRACTOR shall stint to perform the Work on the date when the Contract Tuna commence to runt but no Weak shell be done at the site prior to the date on which the Contract Times commerce to run Before Starting Construction 25 Before undertaking each part of the Work CONTRACTOR shall carefully study and oonpare the Contract Docunents and check and verify ere figures shown thereon and all applicable field mcasuranents CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written urterpretahon or elartficanon fnxn ENGINEER before proceeding with any Work affected thereby however CONTRACTOR shall not be liable to OWNER or ENGINFER for failure to report any conflict, errce ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew, or reasorrabiv should have known thereat 26 Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements) CONTRACTOR shall submit to INGINEER for review 261 a preliminary progress schedule Indicating the tunes (numbers of days or dates) for starting and completing the various stages of the Work including MY Milestones specified in the Contract Documents 262 a preliminary schedule of Shop Drawing and Sample submittals which will list ach required submittal and the tunes for submitting reviewing and processng such submittal 2621 In no case will a schedule be accedable which allows less than 21 calendar dais for each review by F MgsUr 263 A prehmmary schedule of values for all of the Wod, which will include quantities and prices of items agppegat rig the Contract Price and will subdivide the Work Into component pans in sufficient detail to serve as the bests for progress payments dung construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work 2 "7 Before any Work at the site is Started, CONTRACTOR and 05AWSR shall e&A deliver to the ellier O� with copia to wGia ...h.h.•.__h _iians ENGINEER certificates of lnsim nce (and other evidence of assurance neuated by OWNER) which CONTRALTO --,• ^a.o- :,.m.1°'n _ :v ads - to punchaserequired end mannram in accordance with paragraphs 54 56and 57 Preconstnicrron Conference 28 Within twenty days after the Contract Times start to run but before any Work at the site is started a conference attended by CONTRACTOR ENGINEER and otlus as appropriate will be held to establish a working understanding among tie parties as to the Work and to discuss the schedules relented to in paragraph 2 6, procedures for hand)uig Shop Drawmgs and other submittals processing Appbeatmre for payment and maintaining required records Inidrsty Acceptable Schedules 29 Unless othemm provided in the Contract Documents,f OR afthg first before anv work at the site beams. a uatkrence attended by CONTRACTOR FNGINFER and others as reon ate dostmarad by OWNER. will be held to review of aemptabdity to ENGINEER as provided below the schedules submitted in m.cordence with peragraph'i 6 and Drvnson 1 Geiural R{gLniregtgLits, ( ONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR and the schedules are submitted to and acceptable to ENGINEER as provided below The progress schedule will be acceptable m FNGTNFER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Tones, but such acceptance will neither impose on ENGINEER responsibility for the sseeqquencing schedulml, a progress of the Work nor mterfae with or reheve CONTRACTOR from CONTRACTORS full respmsbility therefor LONTRACTORs schedule of Slop Drawing and Sample submissions will be acceptable in ENGINFFR as providing a workable arrangement for reviewing and processing the required sibmnnats CONTRACTORS schedule of values will be acceptable to ENGINEER as to form and substance ARTICLE 3—CONTRACT DOCUMENTS INTENT AMF.NIDING REUSE Intent 31 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary what is called for by me its as binding as of called fa by all The Contract Documents will be mnshued in accordance with the law of the place of the Project 32 It Is the intent of the Contract Documents to EKI)COENEF-a CONDMOM 19104 MW E(Mam) cal CITY OF FORT COUI NS MODIFICATIONS QtEV 4nW) descnbe a functionally complete Project (or part thaeot) to be constructed in accordance with the Contract Documents Am Wodti materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for When words or phrases which have a well-known technical a conslnmum industry or trade mcmmg are used to describe Work materials or equipment. such words or phrases shall be interpreted in accordance with that meaning Clanfiwuonns and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9 4 33 Reference ro Sttcndurdr and Sruic#leeaons of Tecamcal Socrenes Reporang and Resolving Discrepancies: 331 Reference to standards, specifications manuals or codes of any teemed society nganvation or association, or to the Laws or Regulations of am governmental authority whether such reference be specific or by triplication, shall mean the latest standard specificahm, manual code or I am or Regulations in effect at the time of oliga ng of Aids (a on the Effective Date of the Agreement if that were no Aids) except as may be otherwise specifiaaliv stated in the Contract Documents 3 3 2 IC during the performance of the Work CONTRACTOR discovers any conflict, error ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of my such Taw or Regulanm applicable m the perfomience of the Wo 1 or of anv, sud.h standard specificatron, manual a date or of any Instruction of any Supplier referred to in paragraph 6 5 CONTRACTOR shall report it to ENGINEER in writing at once and. CONTRACTOR shall net proceed with the Work affected thereby (except in an emergency as authonmd by paragraph 623) until an amendment or sopplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3 5 or 3 6 provided however that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report anv such eonfliCt, error ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof 333 hxoept as otherwise specifically stated in the Contract Documents or as may be pmvnded by amendment or supplement thereto issued by me of the methods mdrmted in pamgraph35 or 36 the provisions of the Contract Documents shall take precedence in resolving any conflict, error ambigmty or discrepancy between the provisions of the Contract Documents and 3 3 3 1 to provisions of any such standard specification, manual, code or instruaim (whether or not specifically incorporated by refererce in the Contract Documents) a 3 3 3 2 the provisions of my such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the prwsicns of the Contract Documents would result in violation of such Law or Regulation) No provision of any such standard, specification marmal code or mstructton shall be effective to d mmge the duties and responsibilities of OWNER, CONTRACTOR or FNGWEER, or arty of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall a be effective to assngn to OWNER ENGINEER or any of ENGINEERs Consultants, agents or employees any duty or authority to supervnse or direct the fumshmg or performance of the Work or any duty or authority to undertake resportsibdrty mconsnstem with the provisions of paragraph 9 13 or any other provision of the (,ontmet Documents 34 Whenever in the Contract Documents the terms as ordered as directed as regwmd as allowed as approved or tumor of like effect or comport are used, or the adjectives reasonable suitable acceptable proper" a satisfactory or adjectives of like effect or import are used to describe a requirement, duectnon. review or judgment of ENGINEER as to the Work, dins intended that such requirement direction, review or judgment will be solely to evaluate to geneak the completed Work for compliance with the reclumements of and information in the Contract Documents and conformance with the design concept of the completed project as a fancbming whole as shown or indicated in the Contract Documents (unless there A; a specific statement Indicating otherwise) The use of my such term or adjective shall not be effectrve to assmyn to ENGINEER any duty a authority to supervise or direct the furishmg or performance of the Work or any dray or authority to undertake responsibility contrary to the provisions of paragraph 9 13 or any other provision of the Contract Doalments 4menrbng and Suppfon ewtmg Contend Documents 35 The Coraract Documents may be amended to provide for additions, deletias and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways 35 1 a formal Written Amendment, 352 a Change Order (ptasuma to paragraph 10 4) or EICDCOENQIAL CONDITIONS 191043 (1990 EAU.) w/ a ry OF FORTOOLLINa MODIFICATIONS (REV 4r2000) 3 5 3 a Work Change Duective (pursuant to paragraph 10 1) 36 In addition, the requirements of the Contract Documents may be supplemented, and mmor variations and deviations in the Work may be authorized in one or more of the following ways 36 1 A Field Order (pursuant to paragraph 9 5) 362 ENGINEERS approval of a Shp Drawing or Sample (purstant to paragraphs 6 26 and 6 27) or 363 ENGINEERS written interpretation or clanticanon (pursuant to paragraph 9 4) Reuse oJDocnmrentc 37 CONTRACTOR, and any Subcontractor or Supplier sir other person or orgammuon pafarmmp or liumsfung any of the Work under a direct or mduect contract with OWNER (m) shall not have or acquire am title to or ownershp rights many of the Drawtngs, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of FNG[N EFR or FNGINEERs Consultant, and (u) shall nor reuse any of such Drawings Specifications other documents a topics on euensions of the project or any other project without written consent of OWNER and ENGINEER and specific written vutficatinn or adaptation by ENGINEER ARTICLE 4—AVAILABILITY try OF LANDS SIlBSCRFACE AND PHYSICAI CONDITIONS REFFRENCE POINTS 4vadabibry ofLands 41 OWNER shall funusli as indicated in the Contract Documents, the lands upon which the Work is to be performed nghtsof way and easements for access thereto and such other lands which are designated for the OWNER shall identify any exmmbances or restrictions not of general application but specifically related to use of lands so f nvushed with wlucb CONTRACTOR writ have to comply in performing the Work Easements for permanent structures or permanent changes in existing fambbes will be obtained and prod for by OWNER, unless otherwise provided in the Contract Documents If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contact Tries as a result of any delay in OWNFRs fumidtmg these lands, nghts-of way or easements, CONTRACTOR may make a than therefor as provided in Articles 11 and 1' ATTENDANCE RECORD PREBID CONFERENCE Protect 6084 Old Town Square Ircigat on Time 10 30 amDate January 24 2008 PRINT NAME PRINT —u-101, viu iuwn ADDRESS Ice RmK TELEPHONE FAX # E-MAIL ADDRESS FIRM NAME L Cl�p, 3 S CsAv Gy Creh�IbF . �,n�-1 �,��E L�K� ����.s c� )° l t 2c�Y 67) E c Matt Ro m VC- 19 014 s g'0� 9�Dy19y3,! ►tit ra�vva����G�B�!'�n:k Cr� L,�13 L Si��Co�s�c.a��tyo�cov l?Vy ��y� y�c 5/E�06� `l70 x CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment 42 Subsurface and Physical Condhons 4 2 1 Reports and Drawings Reference is made to the Supplementary Conditions for identification of 421 1 Subsurface Lonabdons Those reports of explorations and tests of subsurface conditions at or contigguuoous to the %it thin have been ublized by ENGWEER in preparing the Contract Documents and 4 2 12 Phymml Conchirons Those drawings of physical condiuons in or relating to existing surface Or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents 422 Limited Rebance by CONTRA(TOR Authonzed 7echmcal Data CONTRACTOR may rely upon the general accuracy of the technical data contained in such repots and drawings, but such reports and drawings are not Contract Documents. Such technical data is identified in the Supplementary Conditions Except for such rehance on such technical data CONTRACTOR may not rely upon or make any claim against OWNER, IDJGINFER or any of ENGINFERs Consultants with respect to 4221 the completrness of such repots and drawmgs for CONTRACTORs purpoec% including but not limited to any aspects of the means methods techniques, sequences and procedures of construction to be employed by CONTRACTOR aid safety precautions and programs incident thereto or 4222 other data, utcrpretahcns, opinions and information contained in such reports or shown or mchented in such drawings, or 4223 any CONTRACTOR interpretation of or conclusion drawn from any technical data or an' such dam mterpxemtiors, opinions or mtormation 423 Notice of D�errig Submurface or Phjsical Condrboni If CONTRACTOR believes that anv subsurface or physical oenditnon at or contiguous to the site that is uncovered or revealed either 42.3 1 is of such a nature as to establish that any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 4 2 1 and 4 2 2 is materially macanatm or 4232 is of such a nature as to require a change in the Contract Documents. or 4233 differs materially from that shown or EICDCOENEAAL CONDITION 19108 (199UE6am) wl CITY OF FORT COILINS MONFICATION MEV 4n000) indicated in the Contract Documents, or 4234 is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Doc anents, then CONTRACTOR shall, preapdy um aediately after bxonug aware thereof and before feather disturbing co tchturs affected thereby or performing any Work in conotion therewith (except in an emergency as permmed by paragraph623) notify OWNER and ENGINEER in writing about such condition CONTRACTOR shall not fimher ds2urb such conditions or perfmn any Work in connection therewith (except as aforesaid) until receipt of wntten order to do so 424 ENGINEERS Rewew ENGINEER will promptly review the pertinent conditions, determme the necessity of OWNERs obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEERs finding, and conclusions 425 Pon 15L Cordmet Documents Change If FNGINEER concludes that a change in the Contract Donum ants s required as a result of a condition that meets one or more of the categories in paragraph 4 2 3 a Wort. Change Directive a a Change Order will b, isstied as provided in Article 10 to reflect and document the consequences of such change 426 Posable Price and limes degurmneno 4n equitable adjusmn,ra in the Contract Price or in th Contract Tonnes, or both, will be allowed to tht event that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACfORs cost of, or Ume required for performance oC the Wcik, subject however to the following 4261 such condition must meet any one or more of the categones described in paragraphs 4 2 3 1 through 4 2 3 4 mclugve 4262 a change in the Contract Documents pursuant to paragraph 4 2 5 will no be an automatic authomntion of nor a condition precedent to entitlement to any such adjustment 4263 with respect to Work that s pad for on a Unit Price Basq any adjustment in Comract Price will be subject to the provusions of pumgmphs 910 and 119 and 4264 CONTRACTOR shall not be entitled to any adjustment in the Contract Rice or Times if 42641 CONTRACTOR knew of the existence of such conditions at the ume CONTRACTOR made a final commitment to OWNER in respect of (unmact Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract, or 42642 the existence of such condtuon could reasonably have been discovered or revealed as a result of any examination, mvestgationn, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted br or for CONTRACTOR prim to CONTRACTORS making such final cmnmttmenr or 42643 CONTRACTOR faded to give the widen notice wtfun the time and as required by paragraph 4 2 3 If OWNER and CONTRACTOR we unable to agree on entidement to or as to the amount or kno of any such aputable adjustment m the Contract Price or Contract Times a clan ma} be made therefor as provided in Articles 11 and 12 However OWNER ENGINEER and RNGINEERs Consultants shall not be liable to CONTRACTOR fm any claims, costs losses or damages sustained by CONTRACTOR on or in connection w ith anv, other project m anticipated project 4.3 Pbjnreal Condihons—Underground Foebues 43 1 Shourr or Indcored The information and data shown or mdncated in the Contract Uomments with respect to axistirig Underground Facilities at or contiguous o the site is based on information and data furmshed to OWNER or ENGTNFFR by the owners of such Underground Facilities or by others Unless it is Conditions e�7rressly provided m the Supplementary ondinons 43 11 OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such idonmation m data and 43 12 The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for (n) reviewing and checking all such information and data (u) locating all underground Facilnes shown or indicated in the Contract Docunends,(lu) coadmabon of the Work with the owners of such Underground Facilities during construction, and (w) the safety and protection of all such Underground Facilities as provided in pemgraph (520 and repaving any damage thereto resulting from the Work 4 3 2 Nor Shown or Indtcared If an Underground Facility its u vered or revealed at or comiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, { unmediately after becoming aware thereof and berme further disturbing conditions affected thereby or performing any Work in o mtecton therewith (except in an emergency as required by peragtaph623 identify the owner of such Underground Facility and EICOC GENERAL CONDITIONS 19104 (1990E(lum) w/U y OFFORT COLLIM MMIRCATIONS OtEV 4R00m give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facthty and determux the e�deM if any to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Famtiry If ENGINEER concludes that a change in the Contract Documents is required, a Work Charge Directive a a Change Order will be issued as provided in Article 10 to reflect and document such conssequenas Ihrmg such time CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 620 CONTRACTOR - r be allowed an mocase m the Corona Price or an extension of the Contract Timm or both, to the a Unt that they are attributable to the existence of an y Underground Facility that was not shown a indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been affected to be aware of a to have amtctpated ITOWNER and CONTRACTOR are unable to agree on entitlement to or the amount or leggth of any such adJ usboent in Contract price or Contract Tones, CONTRACTOR may make a claim therefor as provided in Articles I I and 12 However OWNER ENGINEER and ENGINEER C,misultants shall not be liable to CONTRACTOR fa any claim% costs, losses m damages incurred or sustained by CONTRACTOR on or in connection with an) other project or anticipated project Reference Points 44 OWNFR shall provide engmeenng surveys to establish reference points for construction which in 6NGINEERs judgment are necessary to enable CONTRACTOR to proca.d with the Work CONTRACTOR shall be responsible for laying out the Wort., shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference pouts by professionally quahfied personnel 4.5 Asbestos PCBs Pebofam Hazardous Waste or Rarhoactive Material 451 OWNER shall be responsible for dnv Asbestos, PCBs, Petroleum Hazardous Waste or Radioactive Maternal uncovered or revealed at the site which was not shown or mdtcated in Drawings or bpecificetions or identified in the Contract Dauments to be within the scope of the Wmk and which may present a substantial danger o persons or at the sync OWNER shop not d thereto in ection with the Work responsible for am such materials brought to the site CONTRACTOR buhcontractoM Suppilm or anyoic else Tm whom CONTRACTOR is responsible C9NT-RAC�9R%ece Diet egrec�to-rusmie�icti-werk Regulatoe —9WN£R-sball—uidammfy—and—heW ItarfMla%— — orn.rro nrrr�n bXDC0EFrF7tAL CONDITIONS 19104 (19" E6tium) col CITY Of FORTCOLLINS MODIFICATIONS OLEV 4aW) ARTICLE 5-BONDS AND INSURANCE Performance PaymentandOMerBands 5 1 CONTRACTOR shall fiirrush Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the feuhful performance and payment of all CONTRACTORS obh¢alwns under the Contract Documents These Bonds sh remain in effect at least until orre year after the date when fail payment becomes due except as provided otherwtu by Laws or Regulations or by the Contract Documents CONTRACTOR shall also fianush such other Bonds as are required by the Supplementary Conditions All Bonds shell be inthe form proscribed by the Corismut Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Remaining Companies as published in Circular570 (amended) by the Audit Smtfi Bureau of Co crnnent Fomnmal Operations US Treasury Department. All Bonds signed by an agent must be accompanied by a ceinfied copy of such agents authority M act 52 If the surety on any Bond finushed by CONTRACTOR is declared a banlaupt o beromcs insolvent or Its Tight to do busman is terminated in any slat where any part of the Pmlw is located or it ceases to ice[ the requirements of paragraph 5 1 CONTRACTOR shall within tin days thereafter substitute another Bond and surety Both of which must be it a pteble to OWNER 5.3 Ln.e�enttd Sarehes and Insarm Cerhfresres of Insarunee 5 3 1 All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that me duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or msurance policies tot the limits and coverages so required Such surety and insiinnoe compmues shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions 53 2 CONTRACTOR shall deliver to OWNER with copies to each additional insured identified in the Supplementary Condihoms, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional ussued) which CONTRACTOR s Ltabihty Insurance 54 CONTRACTOR shall purchase and mountain such liability and other insurance as is apprapnate for the Work being performed and famished and as will provide protection from clans set forth below which may arise out of or result from CONTRACTORS performance and furmahig of the Work and CONTRACTORs other obligations under the Contract Documents, whether it is to be performed or fmnashed by CONTRACTOR, any Subcontractor or Supplier or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work or by anyone for whose acts any of them may be liable 5 4 1 clauns under workers' wmpensatioA dnsabnhty benefits and other samlar employee benefit acts 542 clans for damages because of bodily injury occupational saclawss m disease ot death of CONTRACTOR s employees, 543 claims for damages because of bodrty injury Slckrness or discaic or death of any person other than CONTRACTOR s employees, 544 -oceans--fin damages cured 4ny-asunnary ad to MLtT�A!Tl�O e m ether-reasem 545 claims for damages, other than to thL Work itself because of mjury to a destruction of tangible property wherever located, including loss of use resulting therefrom and 546 clams for damages because of badly injury or death of any person or property damage arising out of the ownership maintenance or use of any motor vehicle The policies of insurance so reeiunred by this paragraph S 4 to be purchased and maintained shag 347 with respect to insurranim required by paragraphs $ 4 3 through 146 inclusive and 542 include as additional Insureds (subject to any customary excfusmn in respect of professional habiM OWNE2. ENGINEER, ENGINEERS Consu [ants and ary other persons or entities identified in the Supplementary Co ditiors, all of whom shell be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds 5 4 8 include the specite coverages and be written for not less than the lvnits of balmlity provided in the Supplementary Conditions; or required by Laws or Regulabons, whichever isgreater 549 mchudecomphetedoperaoonsmmureace, ERDC OENSM CONDIMON319104 (1990 Eduen) wi QTy OF FORT COW.INS MODIFt CATIOM(M 4 5410 include contractual babibty insurance covering CONTRACTORs indemnity obligations under paragraphs 6 12 6 16 and 6 31 through 6 33 14 11 ootlain a provmon or endorsement that the coverage afforded will not be carncelled matenally changed or renewal refused until at least days prior written notice has been given to O and CONTRACTOR aid to each other additional insured identified in the Supplementary Condiuons to wham a artificae of ins[ ance has been issued (and the certificates of minmince famished by the CONTRACTOR pursuant to paragraph 5 3 2 will so provide) S 4 12 imam in effect at least umd final payment and at all tunes thereafter when CONTRACTOR ma be correcting removing or replacing defective Wak in accordance with paragraph 13 12 and 14 13 with respect m completed operations insurance and any insurance coeerage written on a clinms n ode basis, remam in effect for at least two yeah after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satsfactoq to OWNER and an) such additional insured of commuanon of such msurance at final payment and one year thereafter) ODtA R s Liability Insurance 5 S In addition to mwrance required to M. provndLd by CONTRACTOR under paragraph 5 4 013'NM at OWNERS option, may purchase and maintain at OWNERs expense OWNERS own liability costume a as will protect OWNER against clamps winch may arse from operations under the Comma Documents pmperiv In airs nee 5-6 Unlaw-oWswea, provided urdie Supplemenany Cordatem- OWNER—sh ll-pupelase -aid-meatiam of te-wch de&tsnble-amounie--as may be iFmided--in -the Suppkmertery-Candiucru�:-=evaaeQ' by-L-axs-aril Ragiileaieiis)- T1ts-wsarence dall- 9Q) Ar-TQ& `z--mterosis-af--HWi�i6FE ^^''""RACTOR g irk tkeeFosc h'A16$1$EES anFiFFae'Idatarflad-lo-ihe-bttppkmeraary-EewlNiers eaeh�fw artdrJtagbahrtedu -waned 464 - repas—er re-ii11F110( Brdawc* r_f yl�lrTRt•T... .P.f1�.j'.Fy�'�. y�_ _ :.RI.. ..: .: .. .. r.11 WhfMn- eeft+wwe-ot ham tswued-md W14 aotitaaf — arvsr, —@ids — W--flccmdenee- -xvFlf per} 59 OWNER shall not be resporuable for purchasm— and maaltavung any property v I,e to protect the mterests of CONTRACTOR, Subcontractors or others m EICDCOENaLAL CONDITIONS I910-9 (1990Ediam) l0 wI CITY OF FORT COLLINS MODIFICAIIONS(EEV 42000) 1 2 in .AA -w- WM--CONTRACTOR�—SuboarIvamm � Ifi 150r or beYOt�--'A �m� �-�emege--to ndlet}tar-eo-nok3r�red-� 9ao�§R.�nd�"�F �4 Receipt malApphommr ofTnsalonce Proceeds, 5 12 Any insured loss under the policies of insurance required by gmphs 5 6 and 5 7 will be adjusted with OWNER and made payable to OWNER w fiduciary for the insureds, as their interests may appear subject to the requirements of any applicable mortgage clause and of pangraph513 OWNER shall deposit in a separate Account any money so received. and shall distribute it in accordance with such agreement as the parties in interest may reach If m other special agreement is reached the damaged Work shall be repaired Or replaced the moneys so received applied on account thereof and the Work and the cos[ thereof covered by an appropriate Charge Order or Written Amendment 5 13 OWNER as fiductary shall have power to adjust and settle any loss with the insurer; unless one of the parties in interest shall object in writmg within fifteen days after the Occurrence,of Ices to OWNERS exercise Of this power If such objemm be made OWNER as fiduciary shall maki settlement with the insurers in accordance with such agreement as the parum in interest may reach If no such agreement among the parties in interest is rcacfsAd OWNER as fiduciary shall adjust and seine the loss with the insurers AccepmnceafBondsondlnnurance Opnonto Replace 5 14 IF OWNER has any objechm W the coverage afforded by or other provisions of the lionis-dar insurance required to be purchased and ma nsi ed by the eU�a—tom CONTRACTOR in accordace with Article 5 m the lasts of non-conformance with the Contract Documents the ebjeetegpartyOWNER will njltj(y CONTRAMR in winWWgg walun ten fifteen days atter moo" dellvery of the ceru6cates (or-ocher-evRkwae requested) 74_9WAa-qs required by paragraph 2 7 -13f iflaiFBnCC dGk—If-CIf718F x-Bendrend Partial Ufthmmm-Property Tnsnranee 5 15 If OWNER finds it necessary to occupy or use a prelim or potions of the Work prior to substantial EICDC GENERAL COMMONS 19108 (1990 E311m) w/CdTY OF FORT MLLI NS MODIS CATIONS (REN 4/2000) Completion of all the Work. such use or oampancy may be accmuplishel in accordance with paragraph 14 ltr �vovided that no such use or occupancy shell commence before the usurers providing the property insurance have acknowledged notice thereof and in writing effected any chars es in coverage necessitated thereby The insurers providing the property assurance shall consent by endorsement on the policy or policies. but the property insurance: shall not be cancelled or permitted to lapse on account of any such partial use or Ocupancy ViT1CLE 6-CONTRACTOR S RESPONSIBILITIES Supervamu andSupenntendenee 61 (.ONTRAC.TOR shall supervise, inspect and direct the Work competently and efficiently devoting such attenhm thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the (.mtmct Documents ( ONTRACTOR shall be solely respormble for the means, mittiods, techniques. sequences and procedures of consstrucuon. but CON7 RACI OR shall not be responsible for the negligence of others in the design or specification of a specific means. method technique sequence or procedure of construcum which is shown Or indicated in and expressly required by the Contract Documents CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents 62 CONTRACTOR stall kip on the Wok at all umx during its program a competent resident superintendent, who shall rat be replaced without written notice to OWNER and ENGINEM except under avaorduiary circumstances The superintendent will be CONTRACTORS representative at the site and shell have authority to ad m behalf of CONTRACTOR All commumcatios to the superintendent shall be as biding as of given to CONTRACTOR Labw Malcials and Equipment 63 CONTRACTOR shall provide competem suitably qualified personnel to survey lay out and construct the Work as required by the Contract Documems CONTRACTOR shall at all tunes maintain good discs Ime and order at the ate Except as otherwise required lot the safety Or protection of person or the Work or property at the site or adjacent thereto and except as otherwise indicated in the Contract Documents all Work at the ate shall be performed during regular workag hours and CONTRACTOR will not permit overtime work or the performance of Work m baturday Sunday Or any legal holiday without OWNERS written consent given after prior widen notice to ENGINEER CONTRACTOR shall submit repLects to the EN(r(NEER no less than 48 hours in advance of atw Work to be performed m Saturday. Sunday. Holidays or outside the Regular Work= Hours 64 Unless otherwise specified in the General contairs a is followed by words reading that no like Requnements� CONTRACTOR shall furnish and asarme equivalent or a equal item or no substitution s full responsibility for all materiels, equipment, labor permitted, other items of material or equipment a transportation, oonstnutmn equipment and machinery material or equipment of other Suppliers may be tools, appliances, fuel, power Rills, heat telephone water accepted by ENGINEER under the following sanary, facilities, terrin facilities and all other =a stances facilities and inerdcmak necessary for the furnishing, performance ttstuig start up and completion of the Wale 6 7 1 1 Or Equal If in ENGINEERS sole discretion an item of material or equipment 641 Rachasme Restrictions CONTRACTOR proposed by CONTRACTOR is frrictiaslly must comply with the City s mamhasmt restrictions A equal to that named and sufficiently sunilar so that copy of the resolutions are available for review in the no change in related Work will be required, it may offices of the Purchasing and Risk Marinusin [ be cawdered by ENGINEER as an or -equal Division or the City Clerk's office item in which case review and approval of the proposed neon may in FNGMFRs sole 642 Cement Restriction ( itv of Fort Collins dscrettoR be accouphshed without compliance Resolution 91 121 requires that suppliers and oraluceis with some or all of the requirements for f mein a inducer comamana cement to cemfy that acceptance of proposed substitute items tLe_eanem was rot made m cement kilns that bum 6712 Subshndeltemo IfmENGINEERssile hazardous waste as a fuel discretion an item of material a equipment proposed by CONTRACTOR does not qualify as 65 All materials and equipment shall he of good an oraqual item under subparagraph 6 7 1 1 it I quality and new except as otherwise provided in the will be considered a proposed subsatutc tarn Doamtents All warranties and guarantees CONTRACTOR shall submit sufficient specifically called for by the Speeifieatiom shall expressly information as provided below to allow run to the benefit of OWNER If required by ENGINEER ENGINEER to ddemme thu the item of materml CONTRACTOR shall furnish satisfactory evidence or equipment proposed is essentially equivalent to (including reports of required tests) as to the kind and that named and an acceptable substitute therefor quality of materials and equipment All materials and The procedure for review by the ENGINEER will equipment shall be applied, installed, connected, erected used, cleaned and conditioned inaccordance include tlx following as supplemented in the General Requirements with instructions of the applicable Supplier except as otherwise and as FNGINEFR may decide is appropriate under the circumstances provided in the Contract Documents Requests for review of proposed substitute items of material or equipment will not be accepted by Progress Schedule ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to 66 CONTRA( TOR shall adhere to the progress furnish or use a substitute item of material or schedule established in accordance with paragraph 2 9 as it equipment. CONTRACTOR shall fast make may be adjusted from time to time as provided below written application to ENGINEER for acceptance thereof certifying that the proposed substitute w ill 6 6 1 CONTRACTOR shellsubmitto ENGINEER performly funerals and achieve the acceptance (to the extent indicated in results called Ca the pe by general debe be similar 9) proposed adjustmentsCo tr the progress m to that specified and suited to the sparchwic t2 schedule that will not charge the Contract Times (a mine uan same use as that specified The ¢pplmation will application Milestones) Such adjustmemswdl conform generally state the extent, if arty to which the evaluation to the progress schedule then in effect and additionally and acceptance of the proposed substitute will will comply with any provisions of the General prejudice CONTRACTORS achievement of Requirements applicable thereto Substantial Completion an time whether or not acceptance of the substitute for use in the Work 6 6 2 Ropused adjustments in the progress schedule that will change the Contract Times (or Milestones) will require a change m any of the Contract Documents (or in tFie provisions of any other shall be submitted in accordance with the requirements duel commit with OWNER for work on the of paragraph 12 1 Such adjustments may only be Project) to adapt the design to the proposed made by a Change Order or Written Amendment in substitute and whether in not incorporation Or use accordance with Article 12 of the substitute in connection with the Work is to fee a royalty subj6.7 Substdatesand O7 E al Items 9a All variatt ions sy ftheent partylicense sub proposed substitute from that in specified will be identified m the and and 6 7 1 Whenever an ilea of material or eywpment s available mauuenarpe. repair and replacement d replace specified or described in the Contract Documents by service will be indicated The application will using the name of a proprietary item a the name of a also contain an temrml estimate of all costs or particular Supplier the specifcation or description is credits that will result directly a indirectly from intended to establish the type, function and quality acceptance of such substitute, moluding toss of required Unless the spectfimnon or description redesign and claims of other contractors affected EICDCGE 4kMAL CONDITION 19104 (1990E(fiam) 12 -1 MY OF FORT COLLINS MODIFICATION(REV 4,20M) by the resulting charge, all of which will be considered by ENGINEER in evaluating the prosubstitute ENGINEER me require CO RACTOR to furnish additional me about the proposed substitute 67 13 CONTRACTOR s Espense All data to be provided by CONTRACTOR in support of any professed or -equal a substrate item will be at CONTRACTORsexpa m 672 Srbshhde Conshuehon Medrodr or Procedures If a specific means method technique sequence or procedure of construcuon is shown or indicated in and expressly required by the Contract Document; CONTRACTOR may tumish or utilize a substitute means. indhod, techmque, sequence or procedure of construction acceptable to ENGINEER CONTRACTOR shall submit sufficient information to allow ENGINEFR, in ENGINEERs sole discretion to determine that the substitute proposed s equivalent to that expressly called for by the C ntmct Documents The procedure fee review by ENGINEER will be similar to that provided in subparagraph 6 7 12 6 7 3 Engineer's Evaluation FNGINFER will he allowed a reasonable time within which to saluatc each proposal or submittal made pursuant to paragraphs 6 7 12 and 6 7 2 ENGINEER will be the sole judge of acceptability No or-�quaI a substrate will be ordered, installed or un!' with t ENGINEERs price wrimen acceptance which will be evidenced b) either a Change Order or an approved Shop Drawing OWNER may require CONTRACTOR ro furnish at CONTRACTORS expense a special performance guarantee or other surety with respect many or -equal or submarte ENGINEER will record time required by ENGINEER mad ENGINEERS Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 67 12 and 6 7 ^_ and in making charges in the Contract Documents (or in the provisions of any other direct contract with OWNER for wok on the Project) occasioned thereby Whether or not ENGINEER accepts a substitute item so proposed a submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEERS Consultants fee evaluating each such proposed substitute item (L8 Concerning Subcontractors, Supphiers and hers 681 CONTRACTOR shall not employ arty Subcontractor Supplier a other person or organeration (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6 8 2) whether initially or as a substitu a against whom OWNER or ENGINEER may have reasonable objection CONTRACTOR shall not be required to employ any Subcontractor Supplier or other person or aganiration to furtush w perform any of the Work against whom CONTRACTOR has reasonable objection G9 CONTRACTOR shall albrin net less than 20 percent of the Work with its own forces (that 1% without subcontranuial. The 20 Percent remuuernenl shall be understomd m refer m the Work the value of which totals not less Chart 20 percent of the Contract Pnce 6 8 2 If -the Hiddu Documents require the identify of certain Subcontractors, Suppliers or other persons or orgarnucations (including those who are to famish the principal items of maknals or equipment) to be submitted to OWNER xi-advenee-af-tYro-spmified date price to the Effective Date of the Agreement fa acceptance by OWNER end ENGMFbR--vnd-4 OWNERs or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the lnddug documents or the Contract Documents) of PINULNnnic No aceeptance by c)want< or FNGINFFR of any such Subcontractor Supplier or other person or organization shall constitute a waver of any right of OWNER or ENGINFhR to reject defecrne Work 691 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and cramons of the Subcontractors, Suppliers and other persmre; and agariiatrom performing a fumsiung any of the Work raider a direct a mdirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTORS own acts and amnions Nothing in the Contract Documents shall create for the benefit of any such Subcontractor Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor Supplier or other person or regeneration, nor shall it create any obligation on the pan of OWNER a ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor Supplier or other person or organization except as may otherwise be required by Laws and Regulslions OWNER a ENGINEER may furnish to any subcontractor, sir her a other or crammatiat evidence of amounts Paid to CONTRACTOR in accadarice with CONTRACTORS ALohcetiasfa Payment hrCDCOENERAL CONDIMOM 19104 09906dam) 13 w/ CTTY OF FORT 00LUM MODIFICATIONS (REV 9R00a) 692 CONTRACTOR shall be solely responsible far scheduhng and coordinating the Work of Subcontractors, Suppliers and other persors and organizations; performing or fmrushmg city of the Work under a direct or inducer contract with CONTRACTOR CONTRACTOR shall require all Subcontractors Suppliers and such otter persons and orgamations perfamug or burnishing any of the Work to commumcale with the ENGINEER through CONTRACTOR 610 The divmu and sections of the $pecificahos and the identificatiore of any Drawings shall not control CONTRACTOR in dividing the Work amorny Subcontractors or Suppliers or Mintaung the Work to be performed by any specific trade 611 All Work performed for CONTRACTOR by a Subcontractor or Supplier will be paseam to an a to agreement between CONTRACTOR and the SubP wrilrador or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documems far the beriefit of OWNER and ENGINEER Patent Fees and Raynlnes 612 CONTRACTOR shall pay all license fees and royalties and assume all costs mctdenl to the use in the performance of the Work or the incorporation in the Work of city invention, design, process, product or device whuch is the subject of patent rights or copyrights held by others If a particular invention, design, process product or device is specified in the Contract Documents for use m the perfomance of the Work and if to the actual knowledge of OWNER or I NGINEER its use its subject to patent rights a copyrights calling for the payment of any license fee or royalty to others, the antistatic: of such rights shall be disclosed by OWNER in the Contract Documents To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold hamles OWNER ENGINEER, ENGINEERS Consultants and the officers directors employees, agents and other consultants of each and anof them from and against all claims, costs losses and damages meat; out of or resulting from any utGmgemenl of patent nghs or copynghs madmt to the use in perfomancx of the Work or resulting from the incorporation in the Work of any mention, design, process, product or device not specified in the Contract Documents 14 EXI)COINERAL CONDITIONS 1910.8(19"Edann) wf CITY OF FORT COLD NS MODIFICATIONS OtEV 4/E000) Pmmds 613 Unless otherwise provided inthe Supplementary Conditaim CONTRACTOR shall obtain and pay for all construction permits and laerses. OWNER shall assist CONTRACTOR, when necessary in obtaining such permits and lieemes CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of tie Work which are applicable at the time of opening of Bids, or if there are no Bids, on the Effective Date of the Agreement CONTRACTOR shall pay all charges of utility owners for connections to the Wok, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment rem 6.14 LawsandRegafa ens 6 14 1 CONTRACTOR shell give all nuum and comply with all I aws and Regulations applicable w hunisbrig and performance of the Work Except where otherwia expressly required by applicable Laws and Regulattora, neither OWNER net ENGINEER shall be responsible for monitoring CONTRACTORs compliance with any I awn or Regulations 0142 If CONTRACTOR performs any Work knowing or haveureason to kneav that it a contrary to Taws or Reg2tios. CONTRACTOR shag bear all claims, costs, losses and damages caused by ansing out of or milting therefrom however it shall not be CONTRACTORS ewary responsibility to make certain that the Specifications and Drawings are in accordance with I awn and Regulations, but this shall not reheve CONTRACTOR of CONTRACTORs obligations under paragraph 3 3 2 Taxes 615 CONTRACTOR shall pay all sales, eoistuner use and other snider taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulabona of the place of the Project which arc applicable dung the performance of the Work 615 1 OWNER is exempt fimn Colorado Sate and local sales and use axes on materials to be Permanently incorporated unto the Project Said awes shall not be Included in tl>z Contract Price CONTRACTOR must apply for and reran, a Certificate of Exemption It= the Colorado Department of Reverme for construction materials to Ire physically incorporated coo the mojecL This CertiLcatwn of Exemption provides that the CONTRACTOR shall neither pair nor include in Its kit es and Use Taxes on three building and construction mat Is Plimcally me ated mto the project Address Colorado Department of Reverme State Carnal Armax 1375 Sherman Street Derrver. Colorado. 80261 Sales and Use Taxes fa the State of Colorado Regional Tramoortauon District (RTD) and anon Colorado eomtim am collected the Stine of Colorado grid are mflu�5d_jp _Cau6_Sah�i _of Exemption All apphwble Sales and Use faxes funcltdine State colkcied axes). on any items other than cmstrumton ansl6urldtra materials diysncally mcorpomted into the mLn�ect are to be }mid by CONTRACTOR end are to bbee mcirided m aopm rpmte bid items Use ofPremases 616 CONTRACTOR shall confine construction equipment, the staege of materials and equipment and the ror�p+eerraations of workers to the site and laid and areas mt:l m and per 'ated by the Contract Documents and other lard and areas permitted by Laws and Regulations, nghta-of way permits and easements, and shall not unreasonably imeaiber the premises with construction equipment or other materials or equipment CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thcrwf a of any adjacent land or areas, resulting from the performance of the Work Should any clam be made by any such owner a occupant because of the pedbirmarrc of the Work CONTRACTOR shall promptly settle with such other party by negotiauon m othervnse resolve the claw by arbitration or other dispute resolution proceeding or at law CONTRACTOR shall to the fullest extent permitted by Laws and Regulations, mdemmfy and hold harmless OWNER ENGINEER LNGWEERs Consultant and anyone directly a indirectly employed by any of them from and against all claws, costs, losses and damages analog out of a resulting from any clam or aanon legal or equtable, brought by any such owner or occupant against OWNER ENGINEER or any other part) indemnified hereunder to the extent caused by or based upon CONTRACTORS performance of the Work 617 During the progress of the Worl, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances. construction equipment and machinery and surplus materials CONTRACTOR stall leave the site clean and ready for occupancy by OWNER eu Substantial Completion of the Work CONTRACTOR shall restore to mgmal condition all properly not designated for alteration by the Contract Documents 618 CONTRACTOR shall not lead oar permit arty pan of any structure to be leaded of airy manner that will endanger the structure tux shall CONTRACTOR subject any pan of the Work a adjacent property to stresses or pressures that will endanger a Record Dacumems 619 CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings. Specifications, Addenda, Written Amendments, Change Orders, Work Change Daeeuvm Field Orders and written interpretations and clari6cabons (issued pursuant to paragraph 94) in good ceder and annotated to shot all changes made during conCruction These record documents together with all approved Samples and a counterpe t of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work and nor to release of 6neI payment, these record documents, Samples and Shop Drawings writ be delivered to ENGINEER for OWNER Safety arrd Prorecasa 620 CONTRACTOR stall be responsible for mnating, mamamng and supervising all safety precautions and programs in connection with the Work CONTRACI OR shall take all necessary precautions for the safety o[ and shall provide the necessary protection to prevent damag5 injury or loss to 6201 all personsonthe Work srte m who maybe affected by the Work 6 20 2 all the Work and materials and equipment to be incorporated therein, whether in sioage on or off the sue and 6 20 3 other property at the site or adjacent thereto including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of axnsmiamn CONTRA( TOR shall compl) with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property m to protect them from damage, injury or lass and shall erect and matrain all necessmv safeguards for such safety and protection CONTRACTOR shall notify owners of adjacent property and of Underground Facihues and utility owners when prosecution of the Work ma) affect them and shall cooperate With them in the protection removal relocation and replacement of their property All damage injury or loss to am property referred to in paragraphs 6 20 2 or 6 20 3 caused, directly or indirectly in whole a in pen, by CONTRACTOR any Subcontractor Supplier or any other person or organuiation directly or indirectly employed bt any of then to perform Or furnish any of the Wink or anyone for whose acts any of them may be liable shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Sp ectfrcauons or to the acts or o nissons of OWNER Or ENGINEER or ENGINEERs Consular or anyone employed by any of than Or anyone fm whose acts my of them may be hable and net attributable, directly or indirectly in whole or in part, to the fault o negligence of CONTRACTOR or any Subcontractor Supplier or other person a agawauon directly Or indirectly employed by any of them) CON 17RACTORs duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed end ENGrNEFR has issued a EXI)CGEMPUL (1ONDIMONS 19104 (IME0ae 15 w/aTY OF FORT WLUI S MODIFICATIONS (REV 4/2")