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BID - 7039 LANDSCAPE AND IRRIGATION IMPROVEMENTS HARMONY AND SHIELDS
City of Fort Collins ras ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Financial Services Purchasing Division 215 N. Mason St. 2n° Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing Description of Bid 7039: Landscape and Irrigation Improvements at Harmony and Shields OPENING DATE: 3:00 P.M. (Our Clock) June 23, 2009 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. CHANGE/CLARIFICATIONS: The Opening Date of the bid has been changed to June 23, 2009. I. The following bid tab and specification clarifications are offered to assist you with your bid preparation Item 1.05 on the bid tab is for weekly mowing and trimming of irrigated turf areas. Edging, if needed, shall be considered a part of trimming and a separate line item for edging will not be added to the bid tab. If ripping or tilling is needed, this work shall be considered incidental to the contract and should be considered with bid item 2.01 Soil Prep or item 2.03 Fine Grading. 3. Bid item 2.03 Fine Grading refers to fine grading of all parkways, medians and slopes shown on the plans to be planted, coded or hardscaped to achieve a uniform surface with a smooth appearance at the proper elevation. The designer has estimated this area to be 117,460 SF. The contractor is encouraged to verify quantities and bid accordingly. 4. Bid item 3.01, 3/-inch tap and meter, refers to the tap and meter to be installed in front of The Ridge Subdivision on the west side of Regency Drive and is the responsibility of the landscape contractor. For a detail and specifications from the Fort Collins -Loveland Water District, please visit the District website at http://www.fclwd.com/aboutUs/links.html and click on the link under Home Builder/Foreman titled Meter Pit - 3/4" or 1" Meter Set Form. 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. Rev10/20/07 Section 00100 Page 1 CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete anti request 0NGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request; OWNER. CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving thr reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14AS and 14'9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Workwill be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing pf'all particulars in which this inspection reveals that the Work is incomplete or dzfictive. CONTRACTOR shall immediately take such measures'as are necessary to complete such work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents including but not limited to the evidence of insurance required by subparagraph 5.4.13. (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to O\NNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services. material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNFR or OWNER's property might in.any way be responsible have been paid or otherwise satisfied if any Subcontractor or Supplier fails EXI)COENERAL CoNDrnoNS 1910-S (IWO Edition) NV/CITY 01; FORT COLLINS TIODIFICA-r1ONS (K V ,IP-000) to furnish such a release or receipt in full, CONTRACTOR may fumistt a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to finalize pg ment are to be submitted on forms conforming to the format of the OWNI ER'S standard forms bound in the Project manual. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection- and FNGINEI:R's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has. been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled. ENGiNEER will, within ten clays after receipt of the final application for Payment, indicate in writing ENGINFER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty clays after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with F,NGINFFR's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER .to CONTRACTOR subject to im a raph 17.6.2 of these L neral Conditions. 14.14. It: through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRe\CTOR's final Appliantion for Payment and recommendation 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 retainage stipulated in the Agreement, and if Bonds have been furnished as required in p trag*raph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and acoepted 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 claims. Waiver gfClaims. 14.15. The making and acceptance of final payment will constitute, 14,15.1.a waiver of all claims by OWNER against CONTRACTOR except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15 2. A waiver of all claims by CONTRACTOR at OWNER other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION OF WORD A:ND TERMINATION OWiVER Alay Suspend W''ork. 15.1. At any time and without cause. OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an intension of the Contract Times, or both, directly attrihumble to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER ,flay Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTR.,\CTOR persistently tails to perfom the Work in accordance with the Contract Documents (including, but not lunited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph'_'.9 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 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, alter giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACT'OR's tools, appliances, construction equipment anti machinery at the site and use the same to the Lull extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid F JCDC cENM4LL CONDITIONS 191 oS (1990 Edition) 32 a•/ CITY OF FORT COLLIM MODIFICATIONS (REV 4P000) CONTRACTOR but which are stored elsewhere, and fmish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive anv further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such claims, costs. losses and damages incurred by OW1vTR will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercisirng any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 1.5.3. Where C(')NTRAM'OR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against C6NTR_ACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR front liability. 15.4. Upon seven days written notice to CONI'RAC`fOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy ot'OWWER elect to terminate the Agreement. In such cast, CONTRACTOR shall he paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.E 2. for expenses sustained prior to the effective [late of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fitir and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliersand others; and 15.4.4. for reasonable expenses directly attributable to term ination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop 117ork or Terminate: 15.5. K through no act or fault of CONI'RACrm the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application fur Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CON'TRAC7fOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms m provided in paragraph 15A. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGMIR has failed to act on an Application for Payment within thirty days alter it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any stun finally determined to be due, CONTRACTOR may upon seven days written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract 'Times or otherwise for expenscs or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE: 16-1)ISPUTF: RFSOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if anv, shall he as set forth in F.:xhibitGC-A, "Dispute Resolution Agreement% to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations. in respect of any dispute. ARTICLE 17—MISCELLANEOUS Giaing .Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it 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 whom it isintended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation ojTinte: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction. such day will be omitted from the computation. EKDCGENERAL CONDI770M 1910.3 (1990 Edtion) w/ CITY OF FORT COLLM MODIFICATIONS (RIEV 4notxr) 17.2.2. A calendar clay of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice ofClaint: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other pant within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cuntulative Remedies: 17.4. '('he duties and obligations imposed by these General Conditions 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 paragraphs 6.12, 6.16, 6.3(1, 6.31, 6.32, 13. I, 1112, 13.14, 14.3 and 13.2 and all of the rights and remedies available to OWNER and FNGfNF.F..R thereunder; are in addition to, and are not to be construed in any %vay as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply, Professional Flees and Court Caste Included• 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado apply_ tothis Ageement. Reference to two Iertinent Colorado statutes are as follows 176.1. Colorado Revised Statutes (CI25 5-17-101) receiire that Colorado labor be employed to perform the Work to the extent of not less than 80 percent (80%) of each type or class of labor in the several classifications of skilled and common labor emplovetl on the project. Colorado labor means any person who is a bona fide resident of the State of Colorado at the time of em lo ent. without discrimination as to race, color, creed, age, religion or sex. 17.6.2. If a claim is filed. OWNER is rNuired by law (CRS 3826-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the Ixtvtnent of all claims for labor, materials, team hire sustenance, provisions, provender. or other supplies used or consumed by CONTRACTOR or his 33 EXDC OENERAL COND111ONS 1910.5 (1990 Edition) 34 %v/ CITYOFFORT COLLINSMODIFICATIONS (REV -IP_000j (Phis page left blank intentionally.) EJCDC GENERAL CONDMONS 1910-5 (1990 E(itim) 3$ AV/ CITY OF FORT COLLI NS IMODIFICATIONS (REV 42000) EJCDCOENERAL CONDITIONS 1910-5 (.1990 E(itim) 36 w/CITY OF FORT COLLIN'S MODIFICATIONS(RL'VAP000 EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT C W1 ER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement.of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction 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 content to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by F:NGINFER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which F..NGINEF,R has rendered a written decision in respect thereof in accordance with paragraph 9A 1; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR_ If ENGINEER. renders a decision after arbitration proceedings have been initiated, 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 wriuen decision ofENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16 2. as appficable, 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 proceedings based an such claim, dispute or other matter in question would be barred by the applicable statute of limitations. E1CDC GENERAL CONDrriONS 1910-8 (1990 Emtim) w! CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out. of ar relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER. ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to, the arbitration and which will arise in such proceedings, and 16.4.3, the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this rmmgmph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any Mrq! not spccitcally identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Wort: of such 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 favor of Subcontractor and against OWNER, ENGNEER or ENGINEEWs Consultants that does not otherwise exist. 16.6. The award rendered bv. the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"). to mediation by the American Arbitration Association under the Construction fndustry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to File a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within thaw: same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. EJCDC GFNERAI. CONDITIONS 1910-9 (1990 EJilim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) 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. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). ' 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL) . Rev10/20/07 Section 00800 Page 1 3.2. In accordance with Section 8-160 of the Code of the City of Fort 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 Rev 10/20/07 Section 00100 Page 2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment Rev 10/20/07 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: 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 o OF THIS CHANGE ORDER TOTAL C.O.o OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: DATE: DATE: Rev10/20/07 Section 00950 Page 1 « 0 u 0 ƒ �uddof uezzw §023§ =zZ�= z0 z =0 \�%i� gib�2 2<aa. $ \ 3 } % � z 0 0 \ ƒ 0 0 0 k 0 � < § 0 b�04Cl) § z G k IR k S k \ \ \ d } $ < _ 0 ] i -j CO2a .0 a. ƒ «%d < CL ƒ < < « 2 ƒ ƒ a ui f g �0 c 00 E _\ > e j'm /\<\-i\ \ e }� // 0 /\ d0 \ 0 0 ) ! \ } o£ 2% & .2 2 co 0 7 % / cn k 72 / a) S 7 k §\ < \] , z 3 q § Pa Po& E L) = o 0 FL.� 0 o = §// �/ ) oe_ e0 0 � k : � w f 0 2 � $ / 2 § £ 2 / k CL / � 0 E < / / / ) E + 0 CL 3 w k } 0: C W a a� LL a m O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w (6 C O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 66 �.. 64 6i 64 64 64 64 64 bi 64 64 63 63 Efi 64 64 vi bi 63 bi 64 6i 63 64 6i 64 69 69 64 63 64 69 64 Q-T 64 Q O m O d F- W F- a a3 O Xc N U) F- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ebi6464646i6i64646464bi6%6464646i6464 6464696H646i696i6%64646464646464 m Q n Y E �o�o 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -O O C) C) C) C) C) C) C) C) O C) C) C) O C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) O C) 6 E 63 63 63 64 64 63 64 64 64 64 64' 64 69 64 64 64 64 64 64 64 64 64 64 6% 64 64 64 64 63 64 64 64 bi O a�C� Q LL Qoa Z Y E O O F UCLA C7 QZ U W J o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d Q O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E 6i6i6i63'64646i6461646i6463 63 646k646464646464646364646%646464646i6i63 Qa Q a� CL E N C �UFL--2 T 5 0000000000000000000000000000000000 30000000000000000000000000000000000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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The following are the Drawings which describe the work to be performed under this Contract. 1 Cover Sheet, Design Team Directory, Sheet Index — dated 05.01.09 2 Bid Tabulation — dated 05.01.09 3 Landscape Plan — dated 05.01.09 4 Landscape Plan — dated 05.01.09 5 Landscape Plan — dated 05.01.09 6 Landscape Plan — dated 05.01.09 7 Landscape Plan, Plant List — dated 05.01.09 8 Landscape Plan, Materials Legend — dated 05.01.09 9 Landscape Plan, Details, General Notes — dated 05.01.09 10 Irrigation Plan — dated 04.10.09 11 Irrigation Plan — dated 04.10.09 12 Irrigation Plan — dated 04.10.09 13 Irrigation Plan — dated 04.10.09 14 Irrigation Plan — dated 04.10.09 15 Irrigation Plan, Notes, Legends — dated 04.10.09 16 Irrigation Details — dated 04.10.09 17 Irrigation Details — dated 04.10.09 PART 2-PRODUCTS Not Used. PART 3 - EXECUTION Not Used. END OF SECTION DRAWINGS INDEX SECTION 00851- 1 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 SECTION 01100 - SUMMARY PART 1 - GENERAL 1.01 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. 1.02 SUMMARY A. This Section includes the following: 1. Work covered by the Contract Documents. 2. Type of the Contract. 3. Work phases. 4. Work under other contracts. 5. Products ordered in advance. 6. Owner -furnished products. 7. Use of premises. 8. Owner's occupancy requirements. 9. Work restrictions. 10. Environmental Controls. B. Related Sections include the following: 1. Division 1 Section "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities. 1.03 WORK COVERED BY CONTRACT DOCUMENTS A. Project Identification: East Prospect Road — Landscape Improvements 1. Project Location: Intersection of Harmony Road & Shields Street, Fort Collins, Colorado. B. Owner: City of Fort Collins 1. Owner's Representative: Engineering Department 281 North College Avenue Fort Collins, CO 80524 Randy Maizland 970.221.6605 rmaizland@fcgov.com SUMMARY 01100 - 1 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 C. Landscape Architect: BHA Design, Inc. 1. 1603 Oakridge Drive Fort Collins, CO 80525 Jeff Kroeger 970.223.7577 1 kro egerAbhades i Qn. c om D. The Work consists of the following: 1. The Work includes landscaping, sprinkler irrigation, organic and inorganic mulching, seeding, hydro mulching, sodding, landscape boulder placement and two years extended warranty and maintenance. 1.04 TYPE OF CONTRACT A. Project will be constructed under a single prime contract. 1. Harmony & Shields — Landscape and Irrigation Improvements 1.05 WORK PHASES — project will be constructed in one phase. 1.06 PRODUCTS ORDERED IN ADVANCE — N/A. 1.07 OWNER -FURNISHED PRODUCTS A. Traffic Control will be provided by the City of Fort Collins. 1.09 USE OF PREMISES A. General: Contractor shall have limited use of premises for construction operations as indicated on Drawings by the Contract limits. B. Use of Site: Limit use of premises to areas within the Contract limits indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated. 1. Limits: Confine constructions operations to areas within the Right -of -Way, or where shown on the Drawings. 2. Owner Occupancy: Allow for Owner occupancy of Project site and use by the public. 3. Driveways and Entrances: Keep driveways and entrances serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. a. Schedule deliveries to minimize use of driveways and entrances. b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on -site. SUMMARY 01100 - 2 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. 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. Rev 10/20/07 Section 00100 Page 3 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 1.10 OWNER'S OCCUPANCY REQUIREMENTS A. Full Owner Occupancy: Owner will occupy site during entire construction period. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owner's day-to-day operations. Maintain existing exits, unless otherwise indicated. 1. Maintain access to existing sidewalks, trails, bike lanes. Do not close or obstruct without written permission from Owner and authorities having jurisdiction. 2. Provide not less than 72 hours' notice to Owner of activities that will affect Owner's operations. B. Owner Occupancy of Completed Areas of Construction: Owner reserves the right to occupy and to place and install equipment in completed areas as necessary, before Substantial Completion, provided such occupancy does not interfere with completion of the Work. Such placement of equipment and partial occupancy shall not constitute acceptance of the total Work. 1.11 WORK RESTRICTIONS A. On -Site Work Hours: Standard work hours are 7 AM to 6 PM, Monday through Friday. No work shall be permitted on weekends or holidays without written approval from the Project Manager. Work activity done at times other than during normal working hours may require reimbursement to the City for the overtime cost to the City. Work requests beyond normal working hours must be submitted to the Project Manager a minimum of five (5) working days prior to the requested date. B. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: Do not proceed with utility interruptions without Owner's written permission. 1.12 ENVIRONMENTAL CONTROLS A. The work of this section consists of obtaining permits and providing environmental controls consistent with regulatory permits through the duration of the work required under this project. Dust Control Application: a. The Contractor shall execute work by methods to minimize raising dust from construction operations. b. The Contractor shall provide and apply dust control at all times, including evenings, holidays and weekends, as required to abate dust nuisance on and about the site that is a direct result of construction activities. The use of non -approved chemicals, oil, or similar palliatives will not be allowed. Dust control agents may be used only after prior approval of the Owner. The Contractor shall be required to provide sufficient quantities of equipment and personnel for dust control sufficient to prevent dust nuisance on and about the site. SUMMARY 01100 - 3 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 C. The Owner will have authority to order dust control work whenever in its opinion it is required, and there shall be no additional cost to the Owner. The Contractor shall be expected to maintain dust control measures effectively whether the Owner or Engineer specifically orders such Work. 2. Preservation of Natural Features: Confine operations as much as possible. Exercise special care to maintain natural surroundings in an undamaged condition. Within the work limits, barricade trees, rock outcroppings, and natural features to be preserved. 3. Housekeeping: Keep project neat, orderly, and in a safe condition at all times. Store and use equipment, tools, and materials in a manner that does not present a hazard. Immediately remove all rubbish. Do not allow rubbish to accumulate. Provide on -site containers for collection of rubbish and dispose of it at frequent intervals during progress of work. 4. Disposal: a. Disposal of Waste (Unsuitable) Materials: All material determined by the Engineer to be waste will be disposed of in approved landfill in a manner meeting all regulations. Dispose of waste materials, legally, at public or private dumping areas. Do not bury wastes inside of the limits of construction. All costs for dump fees, permits, etc., are to be borne by the Contractor. b. Disposal of Garbage and Other Construction Materials: Provide sanitary containers/dumpsters and haul away contents such that no overflow exists. C. Excess excavation shall become the property of the Contractor and shall be legally disposed of by him outside the limits of construction to an approved disposal site. Excess excavated material suitable for backfill shall not be disposed of until all backfill operations are complete. d. The Contractor is to immediately inform Engineer of any hazardous materials encountered during construction. Dispose of waste materials legally at private or public facilities. 5. Burning: No burning of debris will be permitted. 6. Noise Control: a. All mechanical equipment shall be equipped with the best available mufflers to reduce noise. The'Contractor shall be responsible for obtaining any necessary permits and shall limit noise to the permitted levels. Noise level monitoring shall be performed by the Contractor as necessary to show that the permitted levels are not being exceeded. b. Permission from Owner must be obtained prior to the operation of any machinery and/or vehicles between the hours of 6 p.m. and 7 a.m. 7. Permits: a. All work must be performed in accordance with all applicable regulatory permits. b. It shall be the responsibility of the Contractor to obtain a Construction Dewatering Permit from the Colorado State Health Department for any dewatering operations that will be discharged into any drainageways, open channels, or irrigation ditches. The Contractor shall be responsible for any testing required under the Construction Dewatering Permit. C. It shall be the responsibility of the Contractor to prepare a Stormwater Management Plan (SWMP), and submit the SWMP to the Colorado Department SUMMARY 01100 - 4 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 of Public Health and Environment for review and approval. The SWMP shall be in the Contractor's possession prior to beginning the Work. The Contractor shall provide the Owner with a copy of all applicable permits on the Project. The Contractor shall also provide inspection reports as required by the SWMP to the Owner upon completion of each inspection. d. The Contractor shall be responsible for obtaining all other necessary permits associated with the Work. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 01100 SUMMARY 01100 - 5 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 SECTION 01270 - UNIT PRICES PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of contract, including General and Supplementary Conditions, City of Fort Collins Specifications and Standard Drawings and other Division - 1 Specification Sections, apply to this Section. 102 SUMMARY A. This Section specifies administrative and procedural requirements for unit prices. B. A Unit price is an amount proposed by Bidders and stated on the Contractor's submittal of Bid Proposal Form, as a price per unit of measurement for materials or services that will be an added or deductive change to the Grand Total Contract Sum. Unit prices for categories of work contained within Alternates accepted by the Owner as part of the work shall apply to the contract, and as indicated in the Schedule of Alternates. C. Unit prices include all necessary material, labor, overhead, profit and applicable taxes. D. Refer to individual Specification Sections for construction activities requiring the establishment of unit prices, and additional information which describes what the unit prices are to include. E. Unless stated and listed otherwise, add and deductive unit prices shall be the same. On the Bid Proposal Form quantities have been provided. Unit prices contained on the Bid Proposal Form submitted by the Contractor which is awarded the construction contract for the project shall be binding and enforced for the duration of the construction and construction contract between the Owner and Contractor. F. The Owner reserves the right to reject the Contractor's measurement of work -in -place that involves use of established unit prices, and to have this work measured by an independent surveyor acceptable to the Contractor at the Owner's expense. PART 2-PRODUCTS Not Used. PART 3 - EXECUTION Refer to Bid Form for Supplemental Unit Price Schedule. END OF SECTION UNIT PRICES 01270-1 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 SECTION 0 13 10 - PROJECT MANAGEMENT AND COORDINATION PART 1 - GENERAL 1.1 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. 1.2 SUMMARY A. This Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: 1. Coordination Drawings. 2. Administrative and supervisory personnel. 3. Project meetings. 4. Requests for Interpretation (RFIs). 5. Modifications to Time of Completion in the Approved Schedule. B. The Contractor shall participate in coordination requirements. Certain areas of responsibility will be assigned to a specific contractor. C. Related Sections include the following: 1. Division 1 Section "Closeout Procedures" for coordinating closeout of the Contract. 1.3 DEFINITIONS A. RFI: Request from Contractor seeking interpretation or clarification of the Contract Documents. 1.4 COORDINATION A. Coordination: Coordinate construction operations included in different Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections that depend on each other for proper installation, connection, and operation. 1. Coordinate with the City's Traffic Control provider as necessary. Provide a minimum of 48 hour advanced noticed. 2. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 3. Coordinate installation of different components with other contractors to ensure maximum accessibility for required maintenance, service, and repair. PROJECT MANAGEMENT AND COORDINATION 01310 - 1 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 4. Make adequate provisions to accommodate items scheduled for later installation. B. Prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other contractors to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: Preparation of Contractor's Construction Schedule. Preparation of the Schedule of Values. Installation and removal of temporary facilities and controls. Delivery and processing of submittals. Progress meetings. Pre -installation conferences. Project closeout activities. Startup and adjustment of systems. Project closeout activities. D. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. 1.5 SUBMITTALS A. Refer to individual Sections for Coordination Drawing requirements for Work in those Sections. B. Key Personnel Names: Within fifteen days of starting construction operations, submit a list of key personnel assignments, including superintendent and other personnel in attendance at Project site. Identify individuals and their duties and responsibilities; list addresses and telephone numbers, including home and office telephone numbers. Provide names, addresses, and telephone numbers of individuals assigned as standbys in the absence of individuals assigned to Project. Post copies of list in Project meeting room, in temporary field office, and by each temporary telephone. Keep list current at all times. 1.6 PROJECT MEETINGS A. Pre -Construction Conference: A Pre -Construction Conference will be held prior to beginning the Work. A date and time for the conference will be determined once the Notice of Award is issued to the Contractor. The conference shall be attended by: PROJECT MANAGEMENT AND COORDINATION 01310 - 2 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 a. Contractor and Contractor's Superintendent b. Contractor's Subcontractors C. Landscape Architect. d. City of Fort Collins representatives. e. Utility Companies f. City of Fort Collins Traffic Control provider. f. Others as requested by the Contractor, Owner, or Designer. Unless previously submitted to the Owner, the Contractor shall bring to the conference a tentative schedule of the construction project, including in the schedule shop drawings and other submittals. Any submittals requiring long lead times and therefore must be ex- pedited shall be submitted at the pre -construction conference, or as soon thereafter as possible. The purpose of the conference is to designate responsible personnel and establish a work- ing relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The agenda will include: a. Contractor's tentative Schedule b. Permit applications and submittals, including Dewatering Permit, Erosion and Sediment Control Plan, and Traffic Control Plan C. Transmittal, review and distribution of Contractor's submittals d. Processing applications for payment e. Maintaining record documents f. Critical work sequencing g. Field decision and change orders h. Use of premises, staging area, security, housekeeping, and Owner's needs i. Contractor's assignment of safety and first aid j. Traffic control coordination. B. Construction Progress Meetings: Progress meetings will be conducted weekly or at some other frequency, if approved by the Owner's Representative. These meetings shall be attended by the Owner, the Contractor's representative and any others invited by these people. 1. The Contractor shall conduct the meeting. The Owner shall provide meeting minutes after each weekly meeting to document the items discussed during the meeting. 2. The agenda of these project meetings will include construction progress, the status of submittal reviews, the status of information requests, critical work sequencing, review of strategies for connections into existing facilities, status of field orders and change orders, and any general business. 3. The Contractor will prepare a "two week look ahead" schedule to facilitate coordination of work items. 1.7 MODIFICATIONS TO TIME OF COMPLETION IN THE APPROVED SCHEDULE A. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a date no later than that specified in the Notice to Proceed. B. The Contractor will proceed with the work at such rate of progress to ensure full completion within the contract time. It is expressly understood and agreed by and between the Contractor PROJECT MANAGEMENT AND COORDINATION 01310 - 3 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 and the Owner that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the climatic and other factors prevailing in the locality of the work. C. Every effort shall be made by the Contractor to complete the project within the "Contract Time" shown in the proposal. The "Contract Time" anticipates "Normal" weather and climate conditions in and around the vicinity of the Project site during the times of year that the construction will be carried out. Extensions of time based upon weather conditions shall be granted only if the Contractor demonstrates clearly that such conditions were "unusually severe," would not have been reasonably anticipated, and that such conditions adversely affected the Contractor's work and thus required additional time to complete the work. D. The following specifies the procedure for the determination of time extensions for unusually severe weather. The listing below defines the anticipated number of calendar days lost to adverse weather for each month and is based upon National Oceanic and Atmospheric Administration (NOAA) or similar data for the geographic location of the project. Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions JAN FEB MAR APR MA JUN JUL AUG SEP OCT NOV DEC (7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days and the im- pact of adverse weather days that delay the work will be recorded on a day-to-day basis. It is assumed that the work will be carried out Mondays through Fridays (holidays excepted) unless an approved construction schedule or written authorization from the Owner indicates otherwise. The number of days of delayed work due to adverse weather or the impact thereof will then be compared to the monthly adverse weather schedule above. An actual adverse weather day must prevent work for 50 percent or more of the Contractor's workday, delay work critical to the timely completion of the project, and be documented by the Contractor. The City Representative observing the construction shall determine on a daily basis whether or not work can proceed or if work is delayed due to adverse weather or the effects thereof. The Contractor shall notify the Owner's Representative in writing of any disagreement as to wheth- er or not work can proceed on a given date, within two (2) calendar days of that date. The Owner will use the above written notification in determining the number of working days for which work was delayed during each month. At the end of each month, if the number of working days for which work was delayed due to adverse weather exceeds that shown in the above schedule, a Change Order will be executed which increases the Contract Time. The number of work days delayed due to adverse weather or the impact thereof will then be converted to Calendar Days based on the contract completion day and date. This conversion assumes a 5-day work week, Mondays through Fridays, holidays excepted; should the Contractor have authorization to work weekends and/or holidays, then the method of conversion of workdays to calendar days would take this into consideration. The contract time period will then be increased by the number of calendar days calculated above and a new contract completion day and date will be set. PROJECT MANAGEMENT AND COORDINATION 01310 - 4 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 The Contractor's schedule must reflect the above -anticipated adverse weather delays on all weather -dependent activities. While extensions of time shall be granted for "unusually severe" weather or climate conditions, the Owner shall make no monetary compensation for any costs to the Contractor arising out of such delays. The Contractor shall comply with the portions of the Contract Documents relating to his project schedule and amendments thereto which result from the "unusually severe" weather condition. Breakdowns in equipment or lack of performance by the Contractor will not be considered jus- tification for an extension of time. Liquidated damages will be assessed as delineated else- where. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the Contractor has promptly given writ- ten notice of such delay to the Owner's Representative. To any preference, priority, or allocation order duly issued by the Owner. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather as provided above; and To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1 and 2, above. 1.8 REQUESTS FOR INTERPRETATION (RFIs) A. Procedure: Immediately on discovery of the need for interpretation of the Contract Documents, and if not possible to request interpretation at Project meeting, prepare and submit an RFI in the form specified. 1. RFIs shall originate with Contractor. RFIs submitted by entities other than Contractor will be returned with no response. 2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors. B. Content of the RFI: Include a detailed, legible description of item needing interpretation and the following: 1. Project name. 2. Date. 3. Name of Contractor. 4. RFI number, numbered sequentially. 5. Specification Section number and title and related paragraphs, as appropriate. 6. Drawing number and detail references, as appropriate. 7. Field dimensions and conditions, as appropriate. 8. Contractor's suggested solution(s). If Contractor's solution(s) impact the Contract Time or the Contract Sum, Contractor shall state impact in the RFI. 9. Contractor's signature. PROJECT MANAGEMENT AND COORDINATION 01310 - 5 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 10. Attachments: Include Drawings, descriptions, measurements, photos, Product Data, Shop Drawings, and other information necessary to fully describe items needing interpretation. a. Supplementary drawings prepared by Contractor shall include dimensions, thicknesses, structural grid references, and details of affected materials, assemblies, and attachments. C. Software -Generated RFIs: Software -generated form with substantially the same content as indicated above. 1. Attachments shall be electronic files in Adobe Acrobat PDF format. D. Owner's Representative Action: Owner's Representative will review each RFI, determine action required, and return it. Allow five (5) working days for Owner's Representative response for each RFI. RFIs received after 1:00 p.m. will be considered as received the following working day. The following RFIs will be returned without action: a. Requests for approval of submittals. b. Requests for approval of substitutions. C. Requests for coordination information already indicated in the Contract Documents. d. Requests for adjustments in the Contract Time or the Contract Sum. e. Requests for interpretation of Owner's Representative actions on submittals. f. Incomplete RFIs or RFIs with numerous errors. 2. Owner's Representative action may include a request for additional information, in which case Owner's Representative time for response will start again. 3. Owner's Representative action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Division 1 Section "Contract Modification Procedures." a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Owner's Representative in writing within five (5) days of receipt of the RFI response. E. On receipt of Owner's Representative action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Owner's Representative within three (3) days if Contractor disagrees with response. F. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log weekly. Include the following: 1. Project name. 2. Name and address of Contractor. 3. Name and address of Owner's Representative. 4. RFI number including RFIs that were dropped and not submitted. 5. RFI description. 6. Date the RFI was submitted. 7. Date Owner's Representative response was received. PROJECT MANAGEMENT AND COORDINATION 01310 - 6 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. 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. Rev10/20/07 Section 00100 Page 4 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 8. Identification of related Field Order, Work Change Directive, and Proposal Request, as appropriate. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 0 13 10 PROJECT MANAGEMENT AND COORDINATION 01310 - 7 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 SECTION 01330 - SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 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. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals. B. Related Sections include the following: 1. Division 1 Section "Project Management and Coordination" for submitting and distributing meeting and conference minutes and for submitting Coordination Drawings. 2. Division 1 Section "Closeout Procedures" for submitting warranties. 3. Division 1 Section "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. 4. Division 1 Section "Demonstration and Training" for submitting videotapes of demonstration of equipment and training of Owner's personnel. 5. Divisions 2 through 16 Sections for specific requirements for submittals in those Sections. 1.3 DEFINITIONS A. Action Submittals: Written and graphic information that requires Owner's Representative responsive action. B. Informational Submittals: Written information that does not require Owner's Representative responsive action. Submittals may be rejected for not complying with requirements. 1.4 SUBMITTAL PROCEDURES A. General: Electronic copies of CAD Drawings of the Contract Drawings may be provided by Owner's Representative for Contractor's use in preparing submittals. B. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. SUBMITTAL PROCEDURES 01330 - 1 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 2. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a. Owner's Representative reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. C. Submittals Schedule: Comply with requirements in Division 1 Section "Construction Progress Documentation" or City of Fort Collins requirements for list of submittals and time requirements for scheduled performance of related construction activities. D. Processing Time: Allow enough time for submittal review, including time for re -submittals, as follows. Time for review shall commence on Owner's Representative receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including re -submittals. 1. Initial Review: Allow 10 (ten) days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Owner's Representative will advise Contractor when a submittal being processed must be delayed for coordination. 2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal. 3. Re -submittal Review: Allow 10 (ten) days for review of each re -submittal. 4. Sequential Review: Where sequential review of submittals by Owner's Representative consultants, Owner, or other parties is indicated, allow fifteen (15) days for initial review of each submittal. E. Identification: Place a permanent label or title block on each submittal for identification. 1. Indicate name of firm or entity that prepared each submittal on label or title block. 2. Provide a space approximately 6 by 6 inches on label or beside title block to record Contractor's review and approval markings and action taken by Owners' Representative. 3. Include the following information on label for processing and recording action taken: a. Project name. b. Date. C. Name and address of Owner's Representative. d. Name and address of Contractor. e. Name and address of subcontractor. f. Name and address of supplier. g. Name of manufacturer. h. Submittal number or other unique identifier, including revision identifier. 1) Submittal number shall use Specification Section number followed by a decimal point and then a sequential number (e.g., 06100.01). Re -submittals shall include an alphabetic suffix after another decimal point (e.g., 06100.0l .A). i. Number and title of appropriate Specification Section. j. Drawing number and detail references, as appropriate. k. Location(s) where product is to be installed, as appropriate. - SUBMITTAL PROCEDURES 01330 - 2 Landscape and Irrigation Improvements at Harmony and Shields 1. Other necessary identification. 05.01.09 F. Deviations: Highlight, encircle, or otherwise specifically identify deviations from the Contract Documents on submittals. G. Additional Copies: Unless additional copies are required for final submittal, and unless Owner's Representative non-compliance with provisions in the Contract Documents, initial submittal may serve as final submittal. 1. Submit one (1) copy of submittal to concurrent reviewer in addition to specified number of copies to Owner's Representative. 2. Additional copies submitted for maintenance manuals will not be marked with action taken and will be returned. H. Transmittal: Package each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. Owner's Representative will return submittals, without review received from sources other than Contractor. Transmittal Form: Provide locations on form for the following information: a. Project name. b. Date. C. Destination (To:). d. Source (From:). e. Names of subcontractor, manufacturer, and supplier. f. Category and type of submittal. g. Submittal purpose and description. h. Specification Section number and title. i. Drawing number and detail references, as appropriate. j. Transmittal number, numbered consecutively. k. Submittal and transmittal distribution record. 1. Remarks. In. Signature of transmitter. On an attached separate sheet, prepared on Contractor's letterhead, record relevant information, requests for data, revisions other than those requested by Owner's Representative on previous submittals, and deviations from requirements in the Contract Documents, including minor variations and limitations. Include same label information as related submittal. Re -submittals: Make re -submittals in same form and number of copies as initial submittal. 1. Note date and content of previous submittal. 2. Note date and content of revision in label or title block and clearly indicate extent of revision. 3. Resubmit submittals until they are marked "APPROVED". J. Distribution: Furnish copies of final submittals to Manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. SUBMITTAL PROCEDURES 01330 - 3 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 K. Use for Construction: Use only final submittals with mark indicating "APPROVED" taken by Owner's Representative 1.5 CONTRACTOR'S USE OF CAD FILES A. General: At Contractor's written request, copies of CAD files will be provided to Contractor for Contractor's use in connection with Project. PART 2 -.PRODUCTS 2.1 ACTION SUBMITTALS A. General: Prepare and submit Action Submittals required by individual Specification Sections. 1. Submit electronic submittals directly to extranet specifically established for Project. B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard printed data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable: a. Manufacturer's written recommendations. b. Manufacturer's product specifications. C. Manufacturer's installation instructions. d. Standard color charts. e. Manufacturer's catalog cuts. f. Standard product operation and maintenance manuals. g. Compliance with specified referenced standards. h. Testing by recognized testing agency. i. Application of testing agency labels and seals. j. Notation of coordination requirements. 4. Submit Product Data before or concurrent.with Samples. 5. Number of Copies: Submit four (4) copies of Product Data, unless otherwise indicated. Owner's Representative will return two (2) copies. Mark up and retain one returned copy as a Project Record Document. C. Shop Drawings: Prepare Project -specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data unless submittal of CAD Drawings are otherwise permitted. 1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: a. Dimensions. b. Identification of products. SUBMITTAL PROCEDURES 01330 - 4 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 C. Fabrication and installation drawings. d. Templates and patterns. e. Schedules. f. Design calculations. g. Compliance with specified standards. h. Notation of coordination requirements. i. Notation of dimensions established by field measurement. j. Relationship to adjoining construction clearly indicated. k. Seal and signature of professional engineer if specified. Number of Copies: Submit four (4) opaque copies of each submittal, unless copies are required for operation and maintenance manuals. Submit five (5) copies where copies are required for operation and maintenance manuals. Owner's Representative will retain two (2) copies; remainder will be returned. Mark up and retain one returned copy as a Project Record Drawing. D. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other elements and for a comparison of these characteristics between submittal and actual component as delivered and installed. 1. Transmit Samples that contain multiple, related components such as accessories together in one submittal package. 2. Identification: Attach label on unexposed side of Samples that includes the following: a. Generic description of Sample. b. Product name and name of manufacturer. C. Sample source. d. Number and title of appropriate Specification Section. Disposition: Maintain sets of approved Samples at Project site, available for quality - control comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set. a. Samples that may be incorporated into the Work are indicated in individual Specification Sections. Such Samples must be in an undamaged condition at time of use. b. Samples not incorporated into the Work, or otherwise designated as Owner's property, are the property of Contractor. 4. Samples for Initial Selection: Submit Manufacturer's color charts consisting of units or sections of units showing the full range of colors, textures, and patterns available. a. Number of Samples: Submit one (1) full set(s) of available choices where color, pattern, texture, or similar characteristics are required to be selected from manufacturer's product line. Owner's Representative will return submittal with options selected. Samples for Verification: Submit full-size units or Samples of size indicated, prepared from same material to be used for the Work, cured and finished in manner specified, and physically identical with material or product proposed for use, and that show full range of color and texture variations expected. Samples include, but are not limited to, the SUBMITTAL PROCEDURES 01330 - 5 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 following: partial sections of manufactured or fabricated components; small cuts or containers of materials; complete units of repetitively used materials; swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection. a. Number of Samples: Submit two (2) sets of Samples. Owner's Representative will retain one (1) sample sets; remainder will be returned. Mark up and retain one (1) returned Sample set as a Project Record Sample. 1) Submit a single Sample where assembly details, workmanship, fabrication techniques, connections, operation, and other similar characteristics are to be demonstrated. 2.2 INFORMATIONAL SUBMITTALS A. General: Prepare and submit Informational Submittals required by other Specification Sections. 1. Number of Copies: Submit two (2) copies of each submittal, unless otherwise indicated. Owner's Representative will return one (1) copy of each. 2. Certificates and Certifications: Provide a notarized statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. B. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, names and addresses of architects and owners, and other information specified. C. Installer Certificates: Prepare written statements on manufacturer's letterhead certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project. D. Manufacturer Certificates: Prepare written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required. E. Product Certificates: Prepare written statements on manufacturer's letterhead certifying that product complies with requirements in the Contract Documents. F. Material Certificates: Prepare written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents. G. Material Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents. H. Product Test Reports: Prepare written reports indicating current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. SUBMITTAL PROCEDURES 01330 - 6 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 I. Schedule of Tests and Inspections: Comply with requirements specified in Division 1 Section "Quality Requirements." Field Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents. K. Maintenance Data: Prepare written and graphic instructions and procedures for operation and normal maintenance of products and equipment as described in individual Sections. L. Manufacturer's Instructions: Prepare written or published information that documents manufacturer's recommendations, guidelines, and procedures for installing or operating a product or equipment. Include name of product and name, address, and telephone number of manufacturer. Include the following, as applicable: 1. Preparation of substrates. 2. Required substrate tolerances. 3. Sequence of installation or erection. 4. Required installation tolerances. 5. Required adjustments. 6. Recommendations for cleaning and protection. M. Manufacturer's Field Reports: Prepare written information documenting factory -authorized service representative's tests and inspections. Include the following, as applicable: 1. Name, address, and telephone number of factory -authorized service representative making report. 2. Statement on condition of substrates and their acceptability for installation of product. 3. Statement that products at Project site comply with requirements. 4. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. 5. Results of operational and other tests and a statement of whether observed performance complies with requirements. 6. Statement whether conditions, products, and installation will affect warranty. 7. Other required items indicated in individual Specification Sections. N. Insurance Certificates and Bonds: Prepare written information indicating current status of insurance or bonding coverage. Include name of entity covered by insurance or bond, limits of coverage, amounts of deductibles, if any, and term of the coverage. PART 3 - EXECUTION 3.1 CONTRACTOR'S REVIEW A. Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Owner's Representative. SUBMITTAL PROCEDURES 01330 - 7 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 B. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 3.2 OWNER'S REPRESENTATIVE ACTION A. General: Owner's Representative will not review submittals that do not bear Contractor's approval stamp and will return them without action. B. Action Submittals: Owner's Representative will review each submittal, make marks to indicate corrections or modifications required, and return it. Owner's Representative will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken, as follows: "APPROVED" stamp. C. Informational Submittals: Owner's Representative will review each submittal and will not return it, or will return it if it does not comply with requirements. Owner's Representative will forward each submittal to appropriate party. D. Partial submittals are not acceptable, will be considered nonresponsive, and will be returned without review. E. Submittals not required by the Contract Documents may not be reviewed and may be discarded. END OF SECTION 01330 SUBMITTAL PROCEDURES 01330 - 8 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 SECTION 01500 - TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 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. 1.2 SUMMARY A. This Section includes requirements for temporary utilities, support facilities, and security and protection facilities. B. Related Sections include the following: 1. Division 1 Section "Summary" for limitations on utility interruptions and other work restrictions. 2. Division 1 Section "Submittal Procedures" for procedures for submitting copies of implementation and termination schedule and utility reports. 3. Reference City of Fort Collins standard specifications as required. 1.3 DEFINITIONS A. Permanent Enclosure: As determined by Owner's Representative, permanent or temporary roofing is complete, insulated, and weather tight; exterior walls are insulated and weather tight; and all openings are closed with permanent construction or substantial temporary closures. 1.4 USE CHARGES A. General: Cost or use charges for temporary facilities shall be included in the Contract Sum. Allow other entities to use temporary services and facilities without cost, including, but not limited to, Owner's Representative, testing agencies, and authorities having jurisdiction. B. Sewer Service: N/A. C. Water Service: Pay water service use charges for water used by all entities for construction operations. A meter will be available from the City of Fort Collins Utilities department. Use existing fire hydrant as directed by Project Manager. D. Electric Power Service: Pay electric power service use charges for electricity used by all entities for construction operations. Coordinate temporary service with City of Fort Collins Light & Power — 970.221.6700. TEMPORARY FACILITIES AND CONTROLS 01500 - 1 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. 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 Rev 10/20/07 Section 00100 Page 5 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 1.5 SUBMITTALS A. Site Plan: Show temporary facilities, utility hookups, staging areas, project signage location, and parking areas for construction personnel. 1.6 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. B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits. PART 2 - PRODUCTS 2.1 MATERIALS A. Materials for staging area (portable chain link fence, etc.) will be incidental to the work. 2.2 TEMPORARY FACILITIES A. Field Offices: not required. 2.3 , EQUIPMENT A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures. 2.4 PROJECT SIGN A. Sign: Project sign will be provided by the City's General Contractor for the improvements associated with the roadway project. Landscape Contractor shall not be required to provide additional signage. PART 3 - EXECUTION 3.1 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. B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. TEMPORARY FACILITIES AND CONTROLS 01500 - 2 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 3.2 TEMPORARY UTILITY INSTALLATION A. General: Install temporary service or connect to existing service. 1. Arrange with utility company, Owner, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services. B. Sewers and Drainage: N/A. C. Water Service: Use of Owner's existing water service facilities (hydrant) will be permitted, as long as facilities are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. Obtain temporary meter from City of Fort Collins Utilities department. D. 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. The existing composting toilet facilities at the Running Deer Natural Area shall NOT be used by the Contractor. E. Electric Power Service: Provide electric power service and distribution system of sufficient size, capacity, and power characteristics required for construction operations. See Section 02810 — Sprinkler Irrigation for power requirements. Contact City of Fort Collins Light & Power Department a minimum of two (2) weeks for any utility interruptions. F. Lighting: N/A. 3.3 SUPPORT FACILITIES INSTALLATION A. Traffic Controls: Comply with Manual on Uniform Traffic Control Devices and Larimer County Urban Area Street Standards. All traffic control to be provided by the City of Fort Collins but Contractor shall coordinate as required. 1. Protect existing site improvements to remain including curbs, pavement, and utilities. 2. Maintain access for fire -fighting equipment and access to fire hydrants. B. Parking: Parking areas for construction personnel will be provided in staging areas indicated on the plans. C. Project Identification and Temporary Signs: Project identification sign and Type III barrier to be installed (and removed at project completion) by the City of Fort Collins. D. Waste Disposal Facilities: Provide waste -collection containers in sizes adequate to handle waste from construction operations. Comply with requirements of authorities having jurisdiction. 3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction in ways and by methods that comply with environmental regulations and that TEMPORARY FACILITIES AND CONTROLS 01500 - 3 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. Comply with work restrictions specified in Division 1 Section "Summary." B. Temporary Erosion and Sedimentation Control: Provide measures as indicated on the plans, to prevent soil erosion and discharge of soil -bearing water runoff and airborne dust to adjacent properties and walkways, roadways, according to requirements of authorities having jurisdiction. 1. Contractor is responsible for obtaining the SWMP permitting. 2. Inspect, repair, and maintain erosion- and sedimentation -control measures bi-weekly until 70% permanent vegetation has been established and after storm event. C. Stormwater Control: Comply with authorities having jurisdiction. Contractor will need to follow Storm Water Management Plan (SWMP). SWOMP to be completed and submitted by Contractor. Provide barriers in and around excavations and subgrade construction to prevent flooding by runoff of stormwater from heavy rains. 3.5 OPERATION, TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize 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, and similar facilities on a twenty-four (24) hour basis where required to achieve indicated results and to avoid possibility of damage. C. 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. 1. Materials and facilities that constitute temporary facilities are property of Contractor. Owner reserves right to take possession of Project identification signs. 2. Where area is intended for landscape development, remove soil and aggregate fill that do not comply with requirements for fill or subsoil or as described on the Drawings. 3. Remove materials contaminated with road oil, asphalt and other petrochemical compounds, and other substances that might impair growth of plant materials or lawns. 4. Repair or replace street paving, curbs, and sidewalks at temporary entrances, as required by authorities having jurisdiction or those areas that are damaged by this construction contract. 5. At Substantial Completion, comply with final cleaning requirements specified in Division 1 Section "Closeout Procedures." END OF SECTION 01500 TEMPORARY FACILITIES AND CONTROLS 01500 - 4 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 SECTION 01770 - CLOSEOUT PROCEDURES PART 1 - GENERAL 1.1 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. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Inspection procedures. 2. Warranties. 3. Final cleaning. B. Related Sections include the following: 1. Division 1 Section "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. 2. Division 1 Section "Demonstration and Training" for requirements for instructing Owner's personnel. 3. Divisions 2 through 16 Sections for specific closeout and special cleaning requirements for the Work in those Sections. 1.3 SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, complete the following. List items below that are incomplete in request. 1. Prepare a list of items to be completed and corrected (punch list), the value of items on the list, and reasons why the Work is not complete. 2. Advise Owner's Representative of pending insurance changeover requirements. 3. Submit specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 4. Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5. Deliver tools, spare parts, extra materials, and similar items to location designated by these specifications. Label with Manufacturer's name and model number where applicable. 6. Complete startup testing of systems. 7. Submit test/adjust/balance records. 8. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. CLOSEOUT PROCEDURES 01770 - 1 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 Complete final cleaning requirements. B. Inspection: Submit a written request for inspection for Substantial Completion. On receipt of request, Owner's Representative will either proceed with inspection or notify Contractor of unfulfilled requirements. Owner's Representative will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Owner's Representative that must be completed or corrected before certificate will be issued. 1. Re -inspection: Request re -inspection when the Work identified in previous inspections as incomplete is completed or corrected. 2. Results of completed inspection will form the basis of requirements for Final Completion. 1.4 FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining date of Final Completion, complete the following: 1. Submit a final Application for Payment. 2. Submit certified copy of Owner's Representative Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Owner's Representative. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 3. Submit evidence of final, continuing insurance coverage complying with insurance requirements. 4. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request, Owner's Representative will either proceed with inspection or notify Contractor of unfulfilled requirements. Owner's Representative will prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. Re -inspection: Request re -inspection when the Work identified in previous inspections as incomplete is completed or corrected. 1.5 LIST OF INCOMPLETE ITEMS (PUNCH LIST) A. Preparation: Submit three (3) copies of list. Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. CLOSEOUT PROCEDURES 01770 - 2 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 1.6 WARRANTIES A. Submittal Time: Submit written warranties on request of Owner's Representative for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated. B. Organize warranty documents into an orderly sequence based on the table of contents of the Project Manual. 1. Bind warranties and bonds in heavy-duty, 3-ring, vinyl -covered, loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8-1/2-by-II-inch paper. 2. Provide heavy paper dividers with plastic -covered tabs for each separate warranty. Mark tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer. 3. Identify each binder on the front and spine with the typed or printed title "WARRANTIES," Project name, and name of Contractor. C. Provide additional copies of each warranty to include in operation and maintenance manuals. PART 2-PRODUCTS 2.1 MATERIALS A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. PART 3 - EXECUTION 3.1 FINAL CLEANING A. General: Provide final cleaning. Conduct cleaning and waste -removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a portion of Project: a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances. CLOSEOUT PROCEDURES 01770 - 3 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits. C. Rake grounds that are neither planted nor paved to a smooth, even -textured surface. d. Remove tools, construction equipment, machinery, and surplus material from Project site. e. Remove labels from plant material that are not permanent. f. Leave Project clean and ready for completion and turn over to the City. C. Comply with safety standards for cleaning. excess materials on Owner's property. 1 materials into drainage systems. Remove lawfully. END OF SECTION 01770 Do not burn waste materials. Do not bury debris or )o not discharge volatile, harmful, or dangerous waste materials from Project site and dispose of CLOSEOUT PROCEDURES 01770 - 4 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 SECTION 01781 - PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 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. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for Project Record Documents, including the following: 1. Record Drawings. 2. Record Specifications. 3. Record Product Data. B. Related Sections include the following: 1. Division 1 Section "Closeout Procedures" for general closeout procedures. 2. Divisions 2 through 16 Sections for specific requirements for Project Record Documents of the Work in those Sections. 1.3 SUBMITTALS A. Record Drawings: Contractor will submit what is specified in Section 02920 and 02930 for landscaping work and a marker up set for irrigation work as specified in Section 02810, to be turned over to the irrigation consultant for development of as -built drawings. B. Record Specifications: Submit two (2) copies of Project's Specifications, including addenda and contract modifications. C. Record Product Data: Submit two (2) copies of each Product Data submittal. 1. Where Record Product Data is required as part of operation and maintenance manuals, submit marked -up Product Data as an insert in manual instead of submittal as Record Product Data. PART2-PRODUCTS 2.1 RECORD DRAWINGS A. Record Prints: Maintain one set of blue - line or black - line white prints of the Contract Drawings and Shop Drawings. PROJECT RECORD DOCUMENTS 01781 - 1 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 Preparation: Mark Record Prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor, or similar entity, to prepare the marked -up Record Prints. a. Give particular attention to information on concealed elements that would be difficult to identify or measure and record later. b. Accurately record information in an understandable drawing technique. C. Record data as soon as possible after obtaining it. Record and check the markup before enclosing concealed installations. Content: Types of items requiring marking include, but are not limited to, the following: a. Dimensional changes to Drawings. b. Revisions to details shown on Drawings. C. Locations and depths of underground utilities.. d. Revisions to routing of piping and conduits. e. Actual equipment locations. f. Changes made by Change Order or Work Change Directive. g. Changes made following Owner's Representative written orders. h. Details not on the original Contract Drawings. i. Field records for variable and concealed conditions. j. Record information on the Work that is shown only schematically. 3. Mark the Contract Drawings or Shop Drawings, whichever is most capable of showing actual physical conditions, completely and accurately. If Shop Drawings are marked, show cross-reference on the Contract Drawings. 4. Mark record sets with ' erasable, red -colored pencil. Use other colors to distinguish between changes for different categories of the Work at same location. 5. Mark important additional information that was either shown schematically or omitted from original Drawings. 6. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable. B. Record CAD Drawings: Immediately before inspection for Certificate of Substantial Completion, review marked -up Record Prints with Owner's Representative. When authorized, prepare a full set of corrected CAD Drawings of the Contract Drawings, as follows: 1. Format: Same CAD program, version, and operating system as the original Contract Drawings. 2. Incorporate changes and additional information previously marked on Record Prints. Delete, redraw, and add details and notations where applicable. 3. Refer instances of uncertainty to Owner's Representative for resolution. 4. Owner's representative will furnish Contractor one set of CAD Drawings of the Contract Drawings for use in recording information. a. Owner's Representative makes no representations as to the accuracy or completeness of CAD Drawings as they relate to the Contract Drawings. b. CAD Software Program: The Contract Drawings are available in AutoCAD, release as required by Contractor. PROJECT RECORD DOCUMENTS 01781 - 2 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 C. Format: Identify and date each Record Drawing; include the designation "PROJECT RECORD DRAWING" in a prominent location. 1. Record Prints: Organize Record Prints and newly prepared Record Drawings into manageable sets. Bind each set with durable paper cover sheets. Include identification on cover sheets. 2. Record Transparencies: Organize into unbound sets matching Record Prints. Place transparencies in durable tube -type drawing containers with end caps. Mark end cap of each container with identification. If container does not include a complete set, identify Drawings included. 3. Record CAD Drawings: Organize CAD information into separate electronic files that correspond to each sheet of the Contract Drawings. Name each file with the sheet identification. Include identification in each CAD file. 4. Identification: As follows: a. Project name. b. Date. C. Designation "PROJECT RECORD DRAWINGS." d. Name of Owner's Representative. e. Name of Contractor. 2.2 RECORD SPECIFICATIONS A. Preparation: Mark Specifications to indicate the actual product installation where installation varies from that indicated in Specifications, addenda, and contract modifications. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. For each principal product, indicate whether Record Product Data has been submitted in operation and maintenance manuals instead of submitted as Record Product Data. 3. Note related Change Orders and Record Drawings where applicable. 2.3 RECORD PRODUCT DATA A. Preparation: Mark Product Data to indicate the actual product installation where installation varies substantially from that indicated. in Product Data submittal. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Include significant changes in the product delivered to Project site and changes in manufacturer's written instructions for installation. 3. Note related Change Orders and Record Drawings where applicable. 2.4 MISCELLANEOUS RECORD SUBMITTALS A. Assemble miscellaneous records required by other Specification Sections for miscellaneous record keeping and submittal in connection with actual performance of the Work. Bind or file miscellaneous records and identify each, ready for continued use and reference. PROJECT RECORD DOCUMENTS 01781 -3 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 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 Rev10/20/07 Section 00100 Page 6 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 PART 3 - EXECUTION 3.1 RECORDING AND MAINTENANCE A. Recording: Maintain one (1) copy of each submittal during the construction period for Project Record Document purposes. Post changes and modifications to Project Record Documents as they occur; do not wait until the end of Project. B. Maintenance of Record Documents and Samples: Store Record Documents and Samples in the field office / at Contractor's main facility, apart from the Contract Documents used for construction. Do not use Project Record Documents for construction purposes. Maintain Record Documents in good order and in a clean, dry, legible condition, protected from deterioration and loss. Provide access to Project Record Documents for Owner's Representative reference during normal working hours. END OF SECTION 01781 PROJECT RECORD DOCUMENTS 01781 - 4 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 SECTION 01820 - DEMONSTRATION AND TRAINING PART 1 - GENERAL 1.1 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. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for instructing Owner's personnel, including the following: 1. Demonstration of operation of systems, subsystems, and equipment. 2. Training in operation and maintenance of systems, subsystems, and equipment. B. Related Sections include the following: 1. Division 1 Section "Project Management and Coordination" for requirements for pre - instruction conferences. 2. Division 2 — Section 02810 — Sprinkler Irrigation System 3. Divisions 2 through 16 Sections for specific requirements for demonstration and training for products in those Sections. 1.3 SUBMITTALS — N/A. 1.4 QUALITY ASSURANCE A. Facilitator Qualifications: A firm or individual experienced in training or educating maintenance personnel in a training program similar in content and extent to that indicated for this Project, and whose work has resulted in training or education with a record of successful learning performance. 1.5 COORDINATION A. Coordinate instruction schedule with Owner's operations. Adjust schedule as required to minimize disrupting Owner's operations. B. Coordinate instructors, including providing notification of dates, times, length of instruction time, and course content as required. DEMONSTRATION AND TRAINING 01820 - 1 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 PART2-PRODUCTS 2.1 INSTRUCTION PROGRAM A. Program Structure: Develop an instruction program that includes individual training modules for each system and equipment not part of a system, as required by individual Specification Sections, and as follows: 1. Sprinkler irrigation system. See Section 02180 for specific requirements. 2. Documentation: Review the following items in detail: a. Operations manuals. b. Maintenance manuals. C. Project Record Documents. 3. Operations: Include the following, as applicable: a. Startup procedures. b. Routine and normal operating instructions. C. Instructions on stopping. d. Normal shutdown instructions. e. Seasonal and weekend operating instructions. f. Special operating instructions and procedures. 4. Adjustments: Include the following: a. Alignments. b. Checking adjustments. 5. Troubleshooting: Include the following: a. Diagnostic instructions. b. Test and inspection procedures. 6. Maintenance: Include the following: a. Inspection procedures. b. Procedures for routine cleaning C. Procedures for preventive maintenance. d. Procedures for routine maintenance. e. Instruction on use of special tools. 7. Repairs: Include the following: a. Diagnosis instructions. b. Repair instructions. C. Disassembly; component removal, repair, and replacement; and reassembly instructions. d. Instructions for identifying parts and components. e. Review of spare parts needed for operation and maintenance. DEMONSTRATION AND TRAINING 01820 - 2 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 PART 3 - EXECUTION 3.1 PREPARATION A. Assemble educational materials necessary for instruction, including documentation and training module. Assemble training modules into a combined training manual. B. Set up instructional equipment at instruction location. 3.2 INSTRUCTION A. Engage qualified instructors to instruct Owner's personnel to adjust, operate, and maintain systems, subsystems, and equipment not part of a system. B. Scheduling: Provide instruction at mutually agreed on times. For equipment that requires seasonal operation, provide similar instruction at start of each season. END OF SECTION 01820 DEMONSTRATION AND TRAINING 01820 - 3 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 SECTION 02810 — IRRIGATION SYSTEM PART 1: GENERAL 1.1 SCOPE 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. Coordination of Utility Locates (Call Before You Dig). C. Verification of existing static pressure. D. Connection of electrical power supply to the irrigation control system. E. Two-year warranty period. F. Sidewalk sleeving for irrigation pipe and wire. 1.2 WORK NOT INCLUDED Items of work specifically excluded or covered under other sections are: A. Payment of all development, plant investment, or any other fees and permits associated with the purchase and installation of the tap. B. Excavation, installation, and backfill of tap into municipal potable water line. C. Excavation, installation, and backfill of water meter and vault. D. Provision of electrical power supply to the irrigation control system. E. Roadway sleeving for irrigation pipe and wire. 1.3 RELATED WORK A. Division 2 - Site Work: 1) Section 02920 - Fine Grading and Soil Preparation. 2) Section 02900 - Landscaping. 3) Section 02945 — Turf. 4) Section 02970 — Landscape Maintenance and Warranty Standards. 1.4 SUBMITTALS A. Deliver four (4) copies of all required submittals to the Owner's Representative within 15 days from the date of Notice to Proceed. IRRIGATION SPECIFICATIONS Section — 02810-1 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 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 manufacturers' catalog cuts, specifications, and operating instructions for equipment shown on the materials list. D. Shop Drawings: Submit shop drawings called for in the installation details. Show products required for proper installation, their relative locations, and critical dimensions. Note modifications to the installation detail. E. Project Record Drawings: Submit project record (as -built) drawings to Owner prior to commencement of maintenance period (refer to specification section 3.12 for specific requirements). 1.5 RULES AND REGULATIONS 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. C. If quantities are provided either in these specifications or on the drawings, these quantities are provided for information only. It is the Contractor's responsibility to determine the actual quantities of all material, equipment, and supplies required by the project and to complete an independent estimate of quantities and wastage. 1.6 TESTING A. Notify the Owner's Representative three days in advance of testing. B. 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: 1) Subject mainline pipe to a hydrostatic pressure of 150 PSI for two hours. Test with mainline components installed. A 2 PSI pressure variation is allowed. 2) Backfill to prevent pipe from moving under pressure. Expose couplings and fittings. IRRIGATION SPECIFICATIONS Section — 02810-2 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 3) Leakage will be detected by visual inspection. Replace defective pipe, fitting, joint, valve, or appurtenance. Repeat the test until the pipe passes test. 4) Cement or caulking to seal leaks is prohibited. F. Operational Test: 1) Activate each remote control valve in sequence from controller. The Owner's Representative will visually observe operation, water application patterns, and leakage. 2) Replace defective remote control valve, solenoid, wiring, or appurtenance to correct operational deficiencies. 3) Replace, adjust, or move water emission devices to correct operational or coverage deficiencies. 4) Replace defective pipe, fitting, joint, valve, sprinkler, or appurtenance to correct leakage problems. Cement or caulking to seal leaks is prohibited. 5) Repeat test(s) until each lateral passes all tests. 1.7 CONSTRUCTION REVIEW The purpose of on -site reviews by the Owners' Representative is to periodically observe the work in progress and the Contractor's interpretation of the construction documents and to address questions with regards to the installation. A. Scheduled reviews such as those for irrigation system layout or testing should be scheduled with the Owners' Representative as required by these specifications. B. Impromptu reviews may occur at any time during the project. C. Final review will occur at the completion of the irrigation system installation and Record (As -Built) Drawing submittal. 1.8 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 commencement of the formal maintenance period, 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 seven days of notification from the Owners' Representative. B. Contract documents govern replacements identically as with new work. Make replacements at no additional cost to the contract price. C. Guarantee/warranty applies to originally installed materials and equipment and replacements made during the guarantee/warranty period. IRRIGATION SPECIFICATIONS Section — 02810-3 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 PART 2: MATERIALS 2.1 QUALITY Use materials which are new and without flaws or defects of any type, and which are the best of their class and kind. 2.2 SUBSTITUTIONS Pipe sizes referenced in the construction documents are minimum sizes, and may be increased at the option of the Contractor. 2.3 SLEEVING A. Install separate sleeve beneath paved areas to route each run of irrigation pipe or wiring bundle. B. Sleeving material beneath median shall be PVC Schedule 40 pipe with solvent welded joints. C. Sleeving diameter: equal to twice that of the pipe or wiring bundle. 2.4 PIPE AND FITTINGS A. Mainline Pipe and Fittings: 1) 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. 2) Use Class 200, SDR-21, rated at 200 PSI, conforming to the dimensions and tolerances established by ASTM Standard D2241. Use PVC pipe rated at higher pressures than Class 200 in the case of small nominal diameters which are not manufactured in Class 200. 3) Use solvent weld pipe for mainline pipe with a nominal diameter less than 3- inches or where a pipe connection occurs in a sleeve. 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. Bubbler and Drip Lateral Pipe and Fittings: 1) 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. Use PVC pipe rated at higher pressures than Class 200 in the case of small nominal diameters IRRIGATION SPECIFICATIONS Section — 02810-4 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 which are not manufactured in Class 200. Use UV radiation resistant Schedule 40, Type 1, PVC solvent weld fittings conforming to ASTM Standards D2466 and D1784 for PVC pipe. 3) Use primer approved by the pipe manufacturer. Solvent cement to conform to ASTM Standard D2564, of a type approved by the pipe manufacturer. 4) For drip irrigation laterals downstream of control valves, use UV radiation resistant polyethylene pipe manufactured from Prime Union Carbide G-resin 7510 Natural 7 manufactured by Union Carbide or a Union Carbide Licensee with a minimum of 2% carbon black, and minimum nominal pipe ID dimension of 0.810" for 3/4 inch pipe. Use PVC/compression line fittings compatible with the drip lateral pipe. Use tubing stakes to hold above -ground pipe in place. C. Drip Irrigation Systems: 1) Drip Tubing: Manufactured of flexible vinyl chloride compound conforming to ASTM D1248, Type 1, Class C, Category 4, P14 and ASTM D3350 for PE 122111C. 2) Fittings - Type and diameter recommended by tubing manufacturer 3) Drip Valve Assembly - Type and size shown on Drawings a. Wye Strainer - Plastic construction with 150 mesh nylon screen and 1/2 inch blowout assembly. b. Control Valve - 2 way, solenoid pilot operated type made of synthetic, non- corrosive material; diaphragm activated and slow closing. Include freely pivoted seat seal; retained (mounted) without attachment to diaphragm. C. Pressure Reducing Valve - Plastic construction as detailed. 4) Emitters - Single port, pressure compensating, press on type. D. Specialized Pipe and Fittings: 1) Copper pipe: Use Type "K" rigid conforming to ASTM Standard B88. Use wrought copper or cast bronze fittings, soldered or threaded per the installation details. Use a 95% tin and 5% antimony solder. 2) Use a dielectric union wherever a copper -based metal (copper, brass, bronze) is joined to an iron -based metal (iron, galvanized steel, stainless steel). 3) Assemblies calling for pre -fabricated double swing joints shall utilize LASCO Unitized swing joints or approved equal. Swing joints shall be rated at 315 psi, and use O-ring and street elbow construction. IRRIGATION SPECIFICATIONS Section — 02810-5 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 4) Low Density Polyethylene Hose: a. Use pipe specifically intended for use as a flexible swing joint. Inside diameter: 0.490+0.010 inch. Wall thickness: 0.100+0.010 inch. Color: Black. b. Use spiral barb fittings supplied by the same manufacturer as the hose. 5) Assemblies calling for threaded pipe connections shall utilize PVC Schedule 80 nipples and PVC Schedule 40 threaded fittings. 6) 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. 2.5 MAINLINE COMPONENTS A. Winterization Assembly: As per local practice and in compliance with local code. B. Backflow Prevention Assembly: As presented in the installation details. C. Isolation Gate Valve Assembly: As presented in the installation details. Install a separate valve box over a 3-inch depth of 3/4-inch gravel for each assembly. D. Quick Coupling Valve Assembly: Double swing joint arrangement as presented in the installation details. 2.6 DRIP AND BUBBLER IRRIGATION COMPONENTS A. Remote Control Valve (RCV) Assembly for Bubbler and Drip Laterals: As presented in the installation details. Use wire connectors and waterproofing sealant to join control wires to solenoid valves. Install a separate valve box over a 3-inch depth of 3/4-inch gravel for each assembly. B. Drip Emitter Assembly: 1) Barb -mounted, vortex and/or pressure compensating emitter device as presented in the installation details. The device shall be RainBird Xeribug XB-10pc series. 2) Install emitter types and quantities on the following schedule: a. Ground cover plant: 1 single outlet emitter each or 1 single outlet emitter per square foot of planting area, whichever is less. b. Shrub: 2 single outlet emitters each. 3) Use 1/4-inch diameter flexible plastic tubing to direct water from emitter outlet to emission point. Length of emitter outlet tubing shall not exceed five feet. IRRIGATION SPECIFICATIONS Section — 02810-6 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. 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. Rev 10/20/07 Section 00100 Page 7 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 Secure emitter outlet tubing with tubing stakes. C. Flush Cap Assembly: as presented in the installation details. Locate at the end of each drip irrigation lateral pipe. Install a separate valve box over a 3-inch depth of 3/4-inch gravel for each assembly. D. Bubbler Assembly: As presented in the installation details for trees. 2.7 CONTROL SYSTEM COMPONENTS A. Irrigation Controller Unit: 1) As presented in the drawings and installation details. 2) Primary surge protection arrestors: As recommended by controller manufacturer. 3) Valve output surge protection arrestors: As recommended by controller manufacturer. 4) Lightning protection: 10-foot copper clad grounding rod. 5) Wire markers: Pre -numbered or labeled with indelible non -fading ink, made of permanent, non -fading material. B. Instrumentation: 1) As presented in the drawings and installation details. 2) Rain Tipping Bucket provided by RainBird Corporation, to be installed by Contractor — but not bid. Install per Manufacturer's recommendations. 3) RainBird ET Cartridge provided by Rainbird Corporation, to be installed by Contractor -but not bid. Install per Manufacturer's recommendations. C. Control Wire: 1) Use American Wire Gauge (AWG) No. 14 solid copper, Type OF or PE cable, UL approved for direct underground burial from the controller unit to each remote control valve. Use AWG No. 12 wire for common wire. 2) Color: Use white for common ground wire. Use easily distinguished colors for other control wires. Spare control wires shall be of a color different from that of the active control wire. Wire color shall be continuous over its entire length. 3) Splices: Use wire connector with waterproof sealant. Wire connector to be of plastic construction consisting of two (2) pieces, one piece which snap locks into the other. A copper crimp sleeve to be provided with connector. 4) Encase wiring not located near PVC irrigation pipe in PVC Schedule 40 electrical conduit. IRRIGATION SPECIFICATIONS Section — 02810-7 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 Warning tape: Inert plastic film highly resistant to alkalis, acids, or other destructive chemical components likely to be encountered in soils. Three inches wide, colored yellow, and imprinted with "CAUTION: BURIED ELECTRIC LINE BELOW." 2.8 OTHER COMPONENTS 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 3.1 INSPECTIONS AND REVIEWS A. Site Inspections: 1) Verify site conditions and note irregularities affecting work of this section. Report irregularities to the Owners' Representative prior to beginning work. 2) Beginning work of this section implies acceptance of existing conditions. 3) Contractor will be held responsible for coordination between landscape and irrigation system installation. 4) Landscape material locations shown on the Landscape Plan shall take precedence over the irrigation system equipment locations. If irrigation equipment is installed in conflict with the landscape material locations shown on the Landscape Plan, the Contractor will be required to relocate the irrigation equipment, as necessary, at Contractor=s expense. B. Utility Locates ("Call Before You Dig"): 1) Arrange for and coordinate with local authorities the location of all underground utilities. 2) Repair any underground utilities damaged during construction. Make repairs at no additional cost to the contract price. C. Irrigation System Layout Review: Irrigation system layout review will occur after the staking has been completed. Notify the Owners' Representative two days in advance of review. Modifications will be identified by the Owners' Representative at this review. 3.2 LAYOUT OF WORK A. Stake out the irrigation system. Items staked include: sprinklers, pipe, control valves, manual drains, controller, and isolation valves. B. Install all mainline pipe and mainline components inside of project property lines. 3.3 EXCAVATION, TRENCHING, AND BACKFILLING A. Excavate to permit the pipes to be laid at the intended elevations and to permit IRRIGATION SPECIFICATIONS Section — 02810-8 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 work space for installing connections and fittings. B. Minimum cover (distance from top of pipe or control wire to finish grade): 1) 24-inch over mainline pipe and over electrical conduit. 2) 26-inch over control wire. 3) 18-inch over lateral pipe to bubblers 4) 3-inch minimum mulch cover over drip lateral pipe in planting beds downstream of drip system control valves. PVC UV radiation resistant lateral pipe shall be installed directly on the soil surface under landscape fabric. C. Backfill only after lines have been reviewed and tested. D. Excavated material is generally satisfactory for backfill. Backfill shall be free from rubbish, vegetable matter, frozen materials, and stones larger than 2-inches in maximum dimension. Remove material not suitable for backfill. Backfill placed next to pipe shall be free of sharp objects which may damage the pipe. Stones larger than 1-inch maximum dimension are not permitted in first (deepest) 6-inches of backfill. E. Backfill unsleeved pipe in either of the following manners: 1) 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. 2) 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. F. Enclose pipe and wiring beneath roadways, walks, curbs, etc. in sleeves. Minimum compaction of backfill for sleeves shall be 95% Standard Proctor Density, ASTM D698-78. Conduct one compaction test for each sleeved, crossing less than 50 feet long. Conduct two compaction tests for each sleeved crossing greater than 50 feet long. Costs for such testing and any necessary retesting shall be borne by the Contractor. Use of water for compaction around sleeves, "puddling", will not be permitted. G. Dress backfilled areas to original grade. Incorporate excess backfill into existing site grades. H. Where utilities conflict with irrigation trenching and pipe work, contact the Owners' Representative for trench depth adjustments. 3.4 SLEEVING A. Install sleeving 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 'Y' at sleeve end IRRIGATION SPECIFICATIONS Section — 02810-9 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 locations. 3.5 ASSEMBLING PIPE AND FITTINGS A. General: 1) Keep pipe free from dirt and pipe scale. Cut pipe ends square and debur. Clean pipe ends. 2) Keep ends of assembled pipe capped. Remove caps only when necessary to continue assembly. B. Mainline Pipe and Fittings: 1) Use only strap -type friction wrenches for threaded plastic pipe. 2) PVC Solvent Weld Pipe: a. Use primer and solvent cement. Join pipe in a manner recommended by the 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. 3) Fittings: The use of cross type fittings is not permitted. C. Lateral Pipe and Fittings: 1) Use only strap -type friction wrenches for threaded plastic pipe. 2) PVC Solvent Weld Pipe: a. Use primer and solvent cement. Join pipe in the manner recommended by the manufacturer and in accordance with accepted industry practices. b. Cure for 30 minutes before handling and 24 hours before allowing water in the pipe. c. Snake pipe from side to side within the trench. 3) UV Radiation Resistant Polyethylene Pipe: a. Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices. b. Snake pipe from side to side on the soil surface and hold in place with tubing stakes spaced every five feet. IRRIGATION SPECIFICATIONS Section — 028 10- 10 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 4) Fittings: The use of cross type fittings is not permitted. D. Specialized Pipe and Fittings: 1) Copper Pipe: a. Buff surfaces to be joined to a bright finish. Coat with solder flux. b. Solder so that a continuous bead shows around the joint circumference. 2) Insert a dielectric union wherever a copper -based metal (copper, brass, bronze) and an iron -based metal (iron, galvanized steel, stainless steel) are joined. 3) Pre -fabricated double swing joints: Install per manufacturer's recommendations. 4) Low Density Polyethylene Hose: Install per manufacturer's recommendations. 5) PVC Threaded Connections: a. Use only factory -formed threads. Field -cut threads are not permitted. b. Use only Teflon -type tape. C. When connection is plastic -to -metal, the plastic component shall have male threads and the metal component shall have female threads. 6) Make metal -to -metal, threaded connections with Teflon -type tape or pipe joint compound applied to the male threads only. 3.6 INSTALLATION OF MAINLINE COMPONENTS A. Winterization Assembly: Install where indicated on the drawings. B. 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. C. Isolation Gate Valve Assembly: 1) Install where indicated on the drawings. 2) Locate at least 12-inches from and align with adjacent walls or edges of paved areas. D. Quick Coupling Valve Assembly: Install where indicated on the drawings. 3.7 INSTALLATION OF BUBBLER AND DRIP IRRIGATION COMPONENTS A. Remote Control Valve (RCV) Assembly for Bubbler and Drip Laterals: IRRIGATION SPECIFICATIONS Section — 02810-11 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 1) Flush mainline pipe before installing RCV assembly. 2) Locate as shown on the drawings. Wire connectors and waterproof sealant shall be used to connect control wires to remote control valve wires. Connectors and sealant shall be installed as per the manufacturer's recommendations. 3) Install only one RCV to valve box. Locate at least 12-inches from and align with nearby walls or edges of paved areas. Group RCV assemblies together where practical. 4) Arrange grouped valve boxes in rectangular patterns. 5) Attach ID tag with controller station number to control wiring. B. Drip Emitter Assembly: 1) Locate as shown on the drawings and installation details. 2) Flush lateral pipe before installing emitter assembly. 3) Cut emitter outlet distribution tubing square. . 4) Use tools and techniques recommended by the manufacturer. Make openings for barb -mounted emitters with the emitter manufacturer's hole -punching tool. C. Bubbler Assembly: 1) Flush lateral pipe before installing bubbler assembly. 2) Install bubbler assembly per the installation details at locations shown on the drawings. 3) Set sprinklers perpendicular to the finish grade. 4) Adjust the output of flow of each bubbler for best performance. D. Flush Cap Assembly: Install at the end of each drip irrigation lateral pipe as shown on the installation details. 3.8 INSTALLATION OF CONTROL SYSTEM COMPONENTS A. Irrigation Controller Unit: 1) The location of the controller unit as depicted on the drawings is approximate; the Owners' Representative will determine the exact site location upon commencement of contract. 2) Lightning protection: Ground rods are to have a minimum diameter of 5/8" IRRIGATION SPECIFICATIONS Section — 02810-12 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 and a minimum length of 10 feet. These are to be driven into the ground in a vertical position or an oblique angle not to exceed 45 degrees at a location 10 feet from the electronic equipment, the ground plate, or the wires and cables connected to said equipment, as shown in the irrigation details. The rod is to be stamped with the UL logo. A 6 AWG solid bare copper wire (about 12 feet long) shall be connected to the ground rod by the installer using a Cadweld GR1161G "One -Shot" welding kit [Paige Electric part number 1820037.] This wire shall be connected to the electronic equipment ground lug as shown in the detail above. 3) Install primary surge protection arrestors on incoming power lines. 4) Install one valve output surge protection arrestor on each control wire and one for the common wire. 5), 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. 6) Connect control wires to the corresponding controller terminal. B. Instrumentation: 1) Install sensors per the installation details and manufacturer's recommendations. Install at locations shown on the drawings. 2) Install electrical connections between. irrigation controller and sensors per manufacturer's recommendations. C. , 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 degree change of direction, at both ends of sleeves, and at 100-foot intervals along continuous runs of wiring. Make wiring loop by turning control wire 5 turns around 1-inch pipe. 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 permitted. 4) If a control wire must be spliced, make splice with wire connectors and waterproof sealant, installed per the manufacturer's instructions. Locate splice in a valve box which contains an irrigation valve assembly, or in a separate 6-inch round 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. If wire is installed adjacent to section of metal pipe, separate wire from pipe minimum of 6-inches and install wire in PVC conduit. IRRIGATION SPECIFICATIONS Section — 02810-13 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 6) Encase wire not installed with PVC mainline pipe in electrical conduit. 3.9 INSTALLATION OF OTHER COMPONENTS A. Tools and Spare Parts: 1) Prior to the Pre -Maintenance Review, supply to the Owner operating keys, servicing tools, test equipment, and any other items indicated on the drawings. 2) Prior to Final Review, supply to the Owner the spare parts indicated in the General Notes 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. 3.10 PROJECT RECORD (AS -BUILT) DRAWINGS A. Maintain on -site and separate from documents used for construction, one complete set of contract documents as Project Documents. Keep documents current. Do not permanently cover work until as -built information is recorded. 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, each stub -out for future pipe or wiring connections, and other irrigation components enclosed within a valve box. C. Prior to Final Review, purchase from the Owners' Representative a reproducible mylar copy of the drawings. Using technical drafting pen, duplicate information contained on the project drawings maintained on site. Label each sheet "Record Drawing". Completion of the Record Drawings will be a prerequisite for the Final Review. 3.11 MAINTENANCE A. Installer is responsible for all materials and workmanship provided as a part of Contract. Maintenance of the irrigation system will be taken over by the City (or it's agents) following final acceptance. This does not relieve the installer from responsibility for replacing defective or improperly installed materials for two years following final acceptance. B. Upon completion of Final Review, maintain irrigation system for a duration of 30 calendar days. Make periodic examinations and adjustments to irrigation system components so as to achieve the most desirable application of water. C. Following completion of the Contractor's maintenance period, the Owner will be responsible for maintaining the system in working order during the remainder of the guarantee/warranty period, for performing necessary minor maintenance, for trimming around sprinklers, for protecting against vandalism, and for preventing IRRIGATION SPECIFICATIONS Section— 02810-14 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 damage during the landscape maintenance operation. 3.12 CLEAN - UP A. Upon completion of work, remove from the site all machinery, tools, excess materials, and rubbish. End of Section IRRIGATION SPECIFICATIONS Section — 02810-15 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 SECTION 02920 - LAWNS AND GRASSES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Sodding 2. Topsoil. 3. Soil Amendments. 4. Warranty. 5. Initial Maintenance. 6. Maintenance period throughout the two (2) year warranty period. B. Related Sections: 1. Division 2 Section "Irrigation Systems" for sprinkler irrigation. 2. Division 2 Section "Exterior Plants" for plantings, material types. 3. Division 2 Section "Plant Maintenance". 1.3 DEFINITIONS A. Finish Grade: Elevation of finished surface of planting soil. B. Planting Soil: Existing or imported topsoil, manufactured topsoil, or surface soil modified to become topsoil. C. Sub -grade: Surface or elevation of subsoil remaining after completing excavation, or top surface of a fill or backfill immediately beneath planting soil. D. Pre -emergent Herbicide: A chemical used to control plants before the plant emerges germinates. E. Post -emergent Herbicide: A chemical that kills plants after they have grown to seedling stage or beyond. F. Selective Herbicide: A chemical used in such a manner that it will kill undesirable crops, sparing the desirable crop. G. Non -Selective Herbicide: A chemical that is generally toxic to plants without regard to species or crop. All exposed vegetation is damaged or killed. LAWNS AND GRASSES 02920 - 1 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. 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. Rev 10/20/07 Section 00100 Page 8 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 1.4 SUBMITTALS A. Product Data: For each type of product indicated. B. Certification of Grass Seed: From seed Vendor for each grass -seed or mixture stating the botanical and common name and percentage by weight of each species and variety, and percentage of purity, germination, and weed seed. Include the year of production and date of packaging. 1. Certification of each seed mixture for turfgrass sod, identifying source, including name and telephone number of supplier. C. Samples for Verification: 1. Soil Analysis: N/A. 2. Fertilizer: N/A. D. Product Certificates: For each type of manufactured product from Manufacturer, and complying with the following: 1. Manufacturer's certified analysis for standard products. 2. Analysis of other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists, where applicable. E. Material Test Reports: N/A. F. Planting Schedule: Indicating anticipated planting dates for each type of seed planting. G. Maintenance Instructions: N/A. 1.5 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful lawn establishment. 1. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when seeding is in progress. B. Soil -Testing Laboratory Qualifications: An independent laboratory, recognized by the State Department of Agriculture, with the experience and capability to conduct the testing indicated and that specializes in types of tests to be performed. C. Topsoil Analysis: N/A. D. Pre -installation Conference: not required. 1.6 DELIVERY, STORAGE, AND HANDLING A. Sod: Harvest, deliver, store, and handle sod according to requirements in TPI's "Specifications for Turfgrass Sod Materials" and "Specifications for Turfgrass Sod Transplanting and LAWNS AND GRASSES 02920 - 2 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 Installation" in its "Guideline Specifications to Turfgrass Sodding." Deliver sod in time for planting within twenty-four (24) hours of harvesting. Protect sod from breakage and drying. B. Bulk Materials: 1. Do not dump or store bulk materials near structures, utilities, walkways and pavements, or on existing turf areas or plants. 2. Provide erosion -control measures to prevent erosion or displacement of bulk materials, discharge of soil -bearing water runoff, and airborne dust reaching adjacent properties, water conveyance systems, or walkways. 3. Accompany each delivery of bulk fertilizers, lime, and soil amendments with appropriate certificates. 1.7 PROJECT CONDITIONS A. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit. 1.8 MAINTENANCE SERVICE A. Initial Lawn Maintenance Service: Provide full maintenance by skilled employees of landscape Installer. Maintain as required in Part 3. Begin maintenance immediately after each area is planted and continue until acceptable lawn is established, but for not less than the following periods: Sodded Lawns: 2 years from date of Substantial Completion. PART 2 - PRODUCTS 2.1 TURF GRASS SOD A. Turfgrass Sod: Certified Approved Number 1 Quality/Premium, including limitations on thatch, weeds, diseases, nematodes, and insects, complying with TPI's "Specifications for Turfgrass Sod Materials" in its "Guideline Specifications to Turfgrass Sodding." Furnish viable .sod of uniform density, color, and texture, strongly rooted, and capable of vigorous growth and development when planted. B. Turfgrass Species: Sod of grass species as follows, with not less than ninety-five (95) percent germination, not less than eighty-five (85) percent pure seed, and not more than one-half (1/2) percent weed seed: 1. Blend: 100% Turf Type Tall Fescue (Festuca arundinacea) a minimum of three improved cultivars. 2. Sod shall be healthy, deep green growing condition, free from insects or disease and in a healthy growing form. Sod shall be a minimum age of 18 months with root development that will support its own weight without tearing when suspended vertically by holding the upper two corners. LAWNS AND GRASSES 02920 - 3 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 3. Sod shall be grown by a commercial sod company specializing in sod production and harvesting with a minimum of five years experience. 4. Sod shall be mowed to a height of 1.5" to 2" prior to harvesting. 5. Sod pieces shall be a minimum of six feet long and 18" wide with a thickness of 3/4" to F. Small, irregular pieces are not acceptable. Big roll sod is acceptable and encouraged. 2.2 TOPSOIL A. Planting Soil: Imported topsoil or manufactured topsoil from off -site sources is required ONLY when existing/stockpiled onsite topsoil quantities are insufficient. Obtain topsoil displaced from naturally well -drained construction or mining sites where topsoil occurs at least 4 inches deep; do not obtain from agricultural land, bogs or marshes. Additional Properties of Imported Topsoil or Manufactured Topsoil: Screened and free of stones 1 inch or larger in any dimension; free of roots, plants, sod, clods, clay lumps, pockets of coarse sand, paint, paint washout, concrete slurry, concrete layers or chunks, cement, plaster, building debris, oils, gasoline, diesel fuel, paint thinner, turpentine, tar, roofing compound, acid, and other extraneous materials harmful to plant growth; free of obnoxious weeds and invasive plants including quackgrass, Johnsongrass, poison ivy, nutsedge, nimblewill, Canada thistle, bindweed, bentgrass, wild garlic, ground ivy, perennial sorrel, and bromegrass; not infested with nematodes, grubs, other pests, pest eggs, or other undesirable organisms and disease -causing plant pathogens; friable and with sufficient structure to give good tilth and aeration. Continuous, air -filled, pore - space content on a volume/volume basis shall be at least fifteen (15) percent when moisture is present at field capacity. Soil shall have a field capacity of at least fifteen (15) percent on a dry weight basis. B. Planting Soil: Onsite / Stockpiled topsoil Re -use surface soil stockpiled onsite if available. Verify suitability of stockpiled soil to produce topsoil. Clean surface soil of roots, plants, sod, stone, clay lumps and other extraneous materials harmful to plant growth. a. Supplement with imported or manufactured topsoil from off -site sources, when quantities are insufficient. See Item A. above. 2.3 ORGANIC SOIL AMENDMENTS A. Organic amendment shall be Class 1 as defined by the Rocky Mountain Region Organics Council. 1. Spread organic amendment at the rate specified in 3.3 below. 2. Organic soil amendments required in areas to be sodded only. 2.4 PESTICIDES AND HERBICIDES A. General: Pesticide, registered and approved by EPA, acceptable to authorities having jurisdiction, and of type recommended by manufacturer for each specific problem and as LAWNS AND GRASSES 02920 - 4 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 required for Project conditions and application. Do not use restricted pesticides unless authorized in writing by authorities having jurisdiction. B. Pre -Emergent Herbicide (Selective): Effective for controlling the germination or growth of weeds within planted areas at the soil level directly below the mulch layer. EPA registered and approved, of type recommended by Manufacturer for application. 1. Apply approximately 2 — 4 weeks prior to plant emerging, between mid -April and mid - May, depending upon weather conditions. C. Post -Emergent Herbicide (Selective and Non -Selective): Effective for controlling weed growth that has already germinated. EPA registered and approved, of type recommended by Manufacturer for application. 1. Contractor to provide a weed free seed bed prior to sodding/planting. Post -emergent herbicide application(s) only required as needed to provide this expectation/requirement. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas to receive seeding and plugs for compliance with requirements and other conditions affecting performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Protect structures, ,utilities, sidewalks, pavements, and other facilities, trees, shrubs, and plantings from damage caused by planting operations. 1. Protect adjacent and adjoining areas from hydro -mulching overspray. 2. Protect grade stakes set by others until directed to remove them. B. Provide erosion -control measures to prevent erosion or displacement of soils and discharge of soil -bearing water runoff or airborne dust to adjacent properties and walkways. 3.3 SOIL AND FINISHED GRADE PREPARATION A. Limit sub -grade preparation to areas to be planted with sod. Verify rough grading provided by the roadway project is within one -tenth of a foot. The roadway contractor should leave the sodded areas 4" low to accommodate the topsoil requirement (existing stockpiled or imported) specified below. Verify major drainage channels are completed and in place. Do not start work until the site is acceptable. Once landscape grading has commenced, the landscape contractor shall be responsible for bringing all grading to _final line and grade. B. Stockpiled/New Imported Topsoil: Dryland Seeded Areas: Imported topsoil not required. LAWNS AND GRASSES 02920 - 5 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 Sodded Areas: Spread topsoil to a minimum depth of four -inches (4"). Place topsoil during dry weather and on dry, unfrozen subgrade. Remove vegetable matter and foreign non -organic material from topsoil while spreading. C. Soil Amendment (compost): Sodded Areas: Spread organic amendment at a rate of 3 CY / 1,000 s.f. Do not spread if organic amendment or sub -grade is frozen, muddy, or excessively wet. D. Sub -grades: Loosen sub -grade to a minimum depth of twelve (12) inches (8" of existing subgrade and 4' of new topsoil in sodded areas. Remove stones and clods larger than one inch (I") in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property. Repeat cultivation in areas where equipment, used for hauling and spreading topsoil, has re -compacted subsoil. E. Finish / Fine Grading: Grade disturbed planting areas to a smooth, uniform surface plane with loose, uniformly fine texture. Grade to within plus or minus one-half (1/2) inch of finish elevation. Roll and rake, remove ridges, and fill depressions to meet finish grades. Limit finish grading to areas that can be planted in the immediate future. Reduce elevation of planting soil to allow for soil thickness of sod. F. Moisten prepared lawn areas before planting if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. G. Before planting, restore areas if eroded or otherwise disturbed after finish grading. 3.4 SODDING A. Lay sod within twenty-four (24) hours of harvesting. Do not lay sod if dormant or if ground is frozen or muddy. B. Lay sod to form a solid mass with tightly fitted joints. Butt ends and sides of sod; do not stretch or overlap. Stagger sod strips or pads to offset joints in adjacent courses. Avoid damage to sub - grade or sod during installation. Tamp and roll lightly to ensure contact with subgrade, eliminate air pockets, and form a smooth surface. Work sifted soil or fine sand into minor cracks between pieces of sod; remove excess to avoid smothering sod and adjacent grass. Lay sod across angle of slopes exceeding 1:3. Anchor sod on slopes exceeding 1:3 with wood pegs spaced as recommended by sod Supplier but not less than two (2) anchors per sod strip to prevent slippage. C. Saturate sod with fine water spray within two hours of planting. During first week after planting, water daily or more frequently as necessary to maintain moist soil to a minimum depth of 1-1/2 inches below sod. 3.5 TURF MAINTENANCE A. Maintain and establish lawn by watering, fertilizing, weeding, mowing, trimming, replanting, and other operations. Roll, re -grade, and re -plant bare or eroded areas and re -mulch to produce LAWNS AND GRASSES 02920 - 6 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 a uniformly smooth lawn. Provide materials and installation the same as those used in the original installation. 1. The Contractor will assume the responsibility of maintenance including mowing, watering, weeding, etc. from initial installation through the end of the 2 year warranty period. 2. The Contractor shall be responsible for resetting of any plants to an upright position or to proper grade and for the removal and replacement of any dead plant material. 3. Fill in as necessary soil subsidence that may occur because of settling or other processes. Replace materials and turf damaged or lost in areas of subsidence. 4. In areas where mulch has been disturbed by wind or maintenance, operations, add new mulch and anchor as required to prevent displacement. 5. Apply treatments as required to keep turf and soil free of pests and pathogens or disease. Use integrated pest management practices whenever possible to minimize the use of pesticides and reduce hazards. B. Watering: Use sprinkler irrigation system to keep seed bed uniformly moist. 1. Schedule watering to prevent wilting, puddling, erosion, and displacement of seed or mulch. Lay out temporary watering system to avoid walking over muddy or newly planted areas. 2. Water with fine spray at a minimum rate of 1 inch per week until fully established, unless rainfall precipitation is adequate. - C. Mow sod as soon as top growth is tall enough to cut. Repeat mowing to maintain specified height without cutting more than one-third (1/3) of grass height. Remove no more than one- third (1/3) of grass -leaf growth in initial or subsequent mowings. Do not delay mowing until grass blades bend over and become matted. Do not mow when grass is wet. Schedule initial and subsequent mowings to maintain the following grass height: Mow grass to a height of 2 to 3 inches. D. Provide weed control as required so that planting is reasonably free of weeds and undesirable grass species. E. The Contractor shall provide full maintenance of the installed landscape for a full two (2) years following the date of "Substantial Completion'. The Contractor will be required by this contract to enter into a separate maintenance agreement, as described elsewhere in these specifications. 1. The Contractor shall be required to continue payment and performance bonds until the end of the two (2)-year maintenance agreement. 2. Maintenance will include weed control (as described above), mowings, irrigation adjustments, winterizing irrigation system, spring start-up of irrigation system, tree staking and re -staking as required, pruning deciduous shrubs, cutting down ornamental grasses and perennials in spring, and any and all general cleanup (trash, etc.) as required. LAWNS AND GRASSES 02920 - 7 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 3.6 CLEANUP AND PROTECTION A. Promptly remove soil and debris, created by landscaping work, from paved areas. Clean wheels of vehicles before leaving site to avoid tracking soil onto roads, walks, or other paved areas. B. Erect temporary fencing or barricades and warning signs as required to protect newly planted areas from traffic. Maintain fencing and barricades throughout initial maintenance period and remove after lawn is established. C. Remove non -degradable erosion -control measures after grass establishment period. END OF SECTION 02920 LAWNS AND GRASSES 02920 - 8 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 SECTION 02930 - EXTERIOR PLANTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Trees. 2. Shrubs. 3. Ornamental Grass. 4. Perennials. 5. Tree stabilization. 6. Organic mulch. 7. In -organic (Rock) mulch. 8. Weed barrier. 9. Landscape Boulders 10. Organic amendment. 11. Warranty. 12. Maintenance. B. Related Sections: 1. Division 2 Section "Lawns and Grasses" for turf and seeded planting. 2. Division 2 Section "Irrigation System". 3. Division 2 Section "Plant Maintenance". 1.3 UNIT PRICES A. Work of this Section is affected by unit prices specified in Division 1 Section "Unit Prices." 1. Unit prices apply to authorized work covered by quantity allowances. 2. Unit prices apply to additions to 'and deletions from Work as authorized by Change Orders. 1.4 DEFINITIONS A. Backfill: The earth used to replace or the act of replacing earth in an excavation. B. Balled and Burlapped Stock: Exterior plants dug with firm, natural balls of earth in which they are grown, with ball size not less than diameter and depth recommended by ANSI Z60.1 for EXTERIOR PLANTS 02930 - 1 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 type and size of tree or shrub required; wrapped, tied, rigidly supported, and drum laced as recommended by ANSI Z60.1. C. Balled and Potted Stock: Exterior plants dug with firm, natural balls of earth in which they are grown and placed, unbroken, in a container. Ball size is not less than diameter and depth recommended by ANSI Z60.1 for type and size of exterior plant required. D. Clump: Where three (3) or more young trees were planted in a group and have grown together as a single tree having three (3) or more main stems or trunks. E. Container -Grown Stock: Healthy, vigorous, well -rooted exterior plants grown in a container with well -established root system reaching sides of container and maintaining a firm ball when removed from container. Container shall be rigid enough to hold ball shape and protect root mass during shipping and be sized according to ANSI Z60.1 for type and size of exterior plant required. F. Finish Grade: Elevation of finished surface of planting soil. G. Multi -Stem: Where three or more main stems arise from the ground from a single root crown or at a point right above the root crown. H. Sub -grade: Surface or elevation of subsoil remaining after completing excavation, or top surface of a fill or backfill, before placing planting soil. I. Sub -soil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil organisms. 1.5 SUBMITTALS A. Product Data: For each type of product indicated. B. Samples for Verification: For each of the following: 1. 1 lb. of in -organic (rock) mulch for each type, color and texture of stone required, in labeled plastic bags. Provide name of Supplier and product name. 2. Samples of proposed organic mulch type NOT required. Material specified shall be provided by the City of Fort Collins Forestry Division. See 2.06 Mulches, this section for additional information. 3. Imported Topsoil (for planting pits): Submit sample in a plastic baggie. Provide product type, supplier and phone number. Product delivered to site shall match the submitted sample. Submit delivery receipts to Owner's Representative for review. 4. Organic Amendment: Submit sample in a plastic baggie. Product delivered to site shall match the submitted sample. Submit organic amendment delivery receipts to Owner's Representative for review. 5. Organic Amendment Analysis: Submit copies of amendment analysis from qualified soil testing laboratory. 6. Weed barrier: Submit brand name and model number/name of proposed weed barrier to be used. 7. Tree Stakes and Webbing: Submit sample of each. EXTERIOR PLANTS 02930 - 2 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 C. Product Certificates: For each type of manufactured product, from Manufacturer, and complying with the following: Manufacturer's certified analysis for standard products. Analysis of other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists, where applicable. D. Planting Schedule: Indicating anticipated planting dates for exterior plants. E. Warranty: Sample of special warranty. 1.6 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful establishment of exterior plants. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when planting is in progress. B. Topsoil Analysis: Furnish soil analysis by a qualified soil -testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; sodium absorption ratio; deleterious material; pH; and mineral and plant -nutrient content of topsoil. C. Provide quality, size, genus, species, and variety of exterior plants indicated, complying with applicable requirements in ANSI Z60.1, "American Standard for Nursery Stock." D. Tree and Shrub Measurements: Measure according to ANSI Z60.1 with branches and trunks or canes in their normal position. Do not prune to obtain required sizes. Take caliper measurements 6 inches above the ground for trees up to four -inch (4") caliper size, and twelve inches (12") above the ground for larger sizes. Measure main body of tree or shrub for height and spread; do not measure branches or roots tip -to -tip. E. Observation: Owner's Representative may observe trees and shrubs either at place of growth or at site before planting for compliance with requirements for genus, species, variety, size, and quality. Owner's Representative retains right to observe trees and shrubs further for size and condition of balls and root systems, insects, injuries, and latent defects and to reject unsatisfactory or defective material at any time during progress of work. Remove rejected trees or shrubs immediately from Project site. Notify Owner's Representative of sources of planting materials seven (7) days in advance of delivery to site. 1.7 DELIVERY, STORAGE, AND HANDLING A. Do not prune trees and shrubs before delivery except as approved by Owners Representative. Protect bark, branches, and root systems from sun scald, drying, sweating, whipping, and other handling and tying damage. Do not bend or bind -tie trees or shrubs in such a manner as to destroy their natural shape. Provide protective covering of exterior plants during delivery. Do not drop exterior plants during delivery and handling. EXTERIOR PLANTS 02930 - 3 END OF SECTION Rev 10/20/07 Section 00100 Page 9 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 B. Handle planting stock by root ball. C. Deliver exterior plants after preparations for planting have been completed and install immediately. If planting is delayed more than six hours after delivery, set exterior plants and trees in shade, protect from weather and mechanical damage, and keep roots moist. Set balled stock on ground and cover ball with soil, peat moss, sawdust, or other acceptable material. Do not remove container -grown stock from containers before time of planting. Water root systems of exterior plants stored on -site with a fine -mist spray. Water as often as necessary to maintain root systems in a moist condition. 1.8 PROJECT CONDITIONS A. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit planting to be performed according to manufacturer's written instructions and warranty requirements. B. Coordination with native seeding operations: Plant trees and shrubs after finish grades are established and before native seeding unless otherwise acceptable to Owner's Representative. When planting trees and shrubs after native seeding has been completed, protect areas and promptly repair damage caused by planting operations. 1.9 INSPECTIONS A. Site Inspection: Contractor will inspect existing site conditions and note irregularities affecting the work of this section. Verify that grading operations have been satisfactorily completed and that topsoil of adequate quantity and quality has been placed in areas as specified. Verify that the areas to be re -vegetated are protected from concentrated runoff and sediment from adjacent areas. Note previous treatments to the areas such as temporary seeding or mulching and discuss with the Owner's Representative how these treatments will affect permanent re -vegetation. Report irregularities affecting work of this section to the Owner's Representative before initiating work. When the Contractor begins work under this section, it implies acceptance of existing conditions. Contractor shall notify Owner's Representative prior to start of work. Owner's Representative will be responsible to monitor the work. B. Pre -planting Inspections: Plant material shall be inspected by an Owner's Representative before planting. Inspection of materials may be sequenced by major planting areas to accommodate efficient planting operations. Plants for inspection must be in a single location preferably on the project site. Rejected materials must be removed from the site, replaced and re- inspected before planting. If the supplier is a local nursery, tagged plants may be inspected at the nursery. Photographs of the plant materials to be obtained from non - local sources may be submitted to the Owner's Representative for preliminary inspection. EXTERIOR PLANTS 02930 - 4 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 This preliminary inspection is subject to final approval of plants at the job site. The Owner's Representative reserves the right to reject plant material at any stage of construction or warranty period. Soil amendments, backfill mixes and mulches will be inspected at the site by the Owner's Representative before they are used in planting operations. Obtain Owner's Representatives review of staked locations of trees before digging for those plants occurs. Obtain Owner's Representatives review of the location of shrubs in their containers at the proposed locations before digging commences. Contact Owner's Representative at least two (2) days in advance. C. Substantial Completion Inspection: 1. As soon as all planting is completed, a review and preliminary inspection to determine the condition of the vegetation will be held by the Owner's Representatives upon request by the Contractor. 2. The inspection will occur only after the following conditions have been met: a. Landscape areas will be free of weeds and neatly cultivated; b. Plant basins shall be in good repair; C. Irrigation systems shall be fully operational with heads properly adjusted; d. Debris and litter shall be cleaned up and walkways and curbs shall be cleaned of soil and debris left from planting operations. 3. If, after the inspection, the Owner's Representative is of the opinion that the work has been performed as per the Contract Documents, and that the vegetation is in satisfactory growing condition, he will give the Contractor Written Notice of Acceptance and the Warranty period shall begin. 4. Work requiring corrective action in the judgment of the Owner's Representative shall be performed within the first ten (10) days of the warranty period. Any work not performed within this time will require an equivalent extension of the warranty period. Corrective work and materials replacement shall be in accordance with the Contract Documents, and shall be made by the Contractor at no cost to the Owner. 5. On occasion, cold weather may preclude the opportunity to replace dead plants, or the contractor may request replacement to be delayed to the following spring. The Owner's Representative may grant this extension. In the event an extension is granted, the replacement plants shall be installed no later than May 15th, and the warranty shall be extended to November 15th of the same year (one growing season). 6. Final approval and Substantial Completion notice will be given when all deficiencies are corrected. 1.10 WARRANTY A. Special Warranty: Installer's standard form in which Installer agrees to repair or replace plantings and accessories that fail in materials, workmanship, or growth within specified warranty period. Failures include, but are not limited to, the following: EXTERIOR PLANTS 02930 - 5 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 a. Death and unsatisfactory growth, except for defects resulting from lack of adequate maintenance, neglect, abuse by Owner, or incidents that are beyond Contractor's control. b. Structural failures including plantings falling or blowing over. C. Faulty operation of tree stabilization. d. Deterioration of metals, metal finishes, and other materials beyond normal weathering. Warranty Periods from Date of Substantial Completion: a. Trees, Shrubs, Native Ornamental Grasses and Perennials: Two (2) years. Include the following remedial actions as a minimum: a. Remove dead exterior plants immediately. Replace immediately unless required to plant in the succeeding planting season. b. Replace exterior plants that are more than twenty-five percent (25%) dead or in an unhealthy condition at end of warranty period. C. Provide extended warranty for replaced plant materials; warranty period equal to original warranty period. 1.11 INITIAL MAINTENANCE SERVICE A. Initial Maintenance Service for Exterior Plants: Provide full, maintenance by skilled employees of landscape Installer. Maintain as required in Part 3. Begin maintenance immediately after each area is planted and continue until plantings are acceptably healthy and well established, but for not less than maintenance period below. Maintenance Period: 24 months from date of Substantial Completion. See Section 02935 — Plant Maintenance, for additional provisions. PART 2 - PRODUCTS 2.01 TREE AND SHRUB MATERIAL A. General: Furnish nursery -grown trees and shrubs complying with ANSI Z60.1, with healthy root systems developed by transplanting or root pruning. Provide well -shaped, fully branched, healthy, vigorous stock free of disease, insects, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, and disfigurement. B. Provide trees and shrubs of sizes, grades, and ball or container sizes complying with ANSI Z60.1 for types and form of trees and shrubs required. Trees and shrubs of a larger size may be used if acceptable to Owners Representative, with a proportionate increase in size of roots or balls. C. Root -Ball Depth: Furnish trees and shrubs with root balls measured from top of root ball, which shall begin at root flare according to ANSI Z60.1 EXTERIOR PLANTS 02930 - 6 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 2.02 STREET AND FLOWERING TREES A. Street Trees: Single -stem trees with straight trunk, well-balanced crown, and intact leader, of height and caliper indicated, complying with ANSI Z60.1 for type of trees required. Provide balled and burlapped, spaded trees as .specified on the Plant List on the Drawings. B. Ornamental Trees: Branched or pruned naturally according to species and type, with relationship of caliper, height, and branching according to ANSI Z60.1; stem form as follows: 1. Stem Form: Single trunk or Multi -trunk clump, see Plant List on the Drawings. 2. Provide balled and burlapped, container -grown, spaded trees as specified on the Plant List on the Drawings. 2.03 DECIDUOUS SHRUBS A. Form and Size: Shrubs with not less than the minimum number of canes required by and measured according to ANSI Z60.1 for type, shape, and height of shrub. Provide container -grown shrubs. 2.04 ORNAMENTAL.GRASSES A. Provide healthy, disease -free plants of species and variety shown or listed, with well -established root systems reaching to sides of the container to maintain a firm ball, but not with excessive root growth encircling the container. Provide only plants that are acclimated to outdoor conditions before delivery. B. Plants: Provide healthy, field -grown plants from a commercial nursery, of species and variety shown or listed, complying with requirements in ANSI Z60.1. Size of plants/containers as specified on the Plant List located on the Drawings. 2.05 PLANTING MIX A. Topsoil: ASTM D 5268, pH range of 5.5 to 7, a minimum of four percent (4%) organic material content; free of stones one inch (I") or larger in any dimension and other extraneous materials harmful to plant growth. Submit a minimum of two (2) samples of soil to the Colorado State University Soil Testing laboratory for analysis and fertilizer recommendations. Samples shall be taken from widely varying sections of the site. 1. Supplement with imported or manufactured topsoil from off -site sources when quantities are insufficient. Obtain topsoil displaced from naturally well -drained construction or mining sites where topsoil occurs at least four inches (4") deep; do not obtain from agricultural land, bogs or marshes. 2. Topsoil shall be incidental to the installation of the plant material. B. Organic Soil Amendment (Compost): EXTERIOR PLANTS 02930 - 7 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 1. Organic Amendment shall be Class 1, meeting the specifications and guidelines established by the Rocky Mountain Organics Council. C. Planting Pit Backfill Soil Mix: Two (2) parts on -site soil, one (1) part imported topsoil / organic soil amendment. 2.06 MULCHES A. Organic Mulch: Free from deleterious materials and suitable as a top dressing of trees and shrubs, consisting of the following: 1. Type: Ground or shredded — no weed barrier required. a. Organic mulch material to be provided by the City of Fort Collins Forestry Division, located at Parks Maintenance Shop, 413 S. Bryan Avenue (near the City Park Golf Course), Fort Collins, 80521. Contact the City Forester (Tim Buchanan) at 970.221.6361, to schedule material pickup. City will load the material into the Contractors vehicle for transport to the site. Contractor's itemized pricing to include Contractor pickup at the above address, hauling material to the site and installation only. B. In -organic (Rock) Mulch: Hard, durable stone, washed free of loam, sand, clay, and other foreign substances, of following type, size range, and color: 1. Type 1: a. Rounded river rock / cobble. 'b. Size Range: 100% - 3" (minimum) to 6" (maximum) C. Color: Tan -beige color range. 2. Type 2: a. Rounded river rock / cobble. b. Size Range: 30% - 3" (minimum) to 6" (maximum) 70% - 3/4" (minimum) to 1.5" (maximum) C. Color: Tan -beige color range. (NO pink, blue, white) d. See detail on the drawings. 2.07 WEED -CONTROL BARRIERS A. Mirafi 140, Typar 3341, or Polyspun 300 or approved equivalent. 2.08 TREE STABILIZATION MATERIALS A. Tree Stakes — Eight foot (8') long, metal `t' stakes with rubber end protectors. B. Guy Anchors — N/A. C. Guying and Staking Cord - 14AWG wire with 1/2" X 12" PVC sleeves. EXTERIOR PLANTS 02930 - 8 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 D. Webbing: 2" nylon webbing. Hose is not permitted. 2.09 LANDSCAPE BOULDERS A. Boulders: 1. Stone Type: Brownstone 2. Approved Suppliers: a. TimberRock Landscape Center (Windsor, CO), 970-686-0442 b. Crystal Landscape Supplies, 970-669-3565 C. Pioneer Sand Company, 970-223-4505 d. Hall -Irwin, 888-795-7625 e. Or approved equivalent. 3. Boulder sizes shall be as indicated on the Drawings. Where plans do not specify specific sizes, boulder sizes shall range between 0.5 ton and 1.5 tons. An even mix of the full ranges of sizes shall be provided (not all 0.5 ton). 2.10 MISCELLANEOUS PRODUCTS A. Trunk -Wrap Tape: Two (2) layers of crinkled paper cemented together with bituminous material, 4-inch wide minimum, with stretch factor of thirty-three percent (33%). PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas to receive exterior plants for compliance with requirements and conditions affecting installation and performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities, and lawns and existing exterior plants from damage caused by planting operations. B. Provide erosion -control measures to prevent erosion or displacement of soils and discharge of soil -bearing water runoff or airborne dust to adjacent properties and walkways. C. Lay out exterior plants at locations directed by Owner's Representative. Stake locations of individual trees and shrubs and outline areas for multiple plantings. D. Trunk Wrapping: Inspect tree trunks for injury, improper pruning, and insect infestation; take corrective measures required before wrapping. Wrap all deciduous single trunk trees with EXTERIOR PLANTS 02930 - 9 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 trunk -wrap tape. Start at base of trunk and spiral cover trunk to height of first branches. Overlap wrap, exposing half the width, and securely attach without causing girdling. 3.3 PLANTING BED ESTABLISHMENT A. Loosen subgrade of planting beds to the depths detailed on the Drawings. Remove stones larger than two (2) inches in any dimension and sticks, dirt clods, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property. 1. Spread topsoil / backfill mix and thoroughly blend planting soil mix. B. Finish Grading: Grade planting beds to a smooth, uniform surface plane with loose, uniformly fine texture. Roll and rake, remove ridges, and fill depressions to meet finish grades. C. Before planting, restore planting beds if eroded or otherwise disturbed after finish grading. 3.4 EXCAVATION FOR TREES AND SHRUBS A. Pits and Trenches: Excavate circular pits with sides sloped inward. Trim base leaving center area, raised slightly to support root ball and assist in drainage. Do not further disturb base. Scarify sides of plant pit smeared or smoothed during excavation. 1. Excavate approximately two (2) times as wide as ball diameter for balled and burlapped stock. B. Sub -soil removed from excavations may be used as backfill. C. Obstructions: Notify Owner's Representative if unexpected rock or obstructions detrimental to trees or shrubs are encountered in excavations. D. Drainage: Notify Owner's Representative if subsoil conditions evidence unexpected water seepage or retention in tree or shrub pits. 1. Fill excavations with water and allow to percolate away before positioning trees and shrubs. 3.5 TREE AND SHRUB PLANTING A. Before planting, verify that root flare is visible at top of root ball according to ANSI Z60.1. B. Set balled and burlapped stock plumb and in center of pit or trench with top of root ball two inches (2") adjacent finish grades. 1. Remove burlap from tops of root balls and partially from sides, but do not remove from under root balls. Remove upper half of wire basket. Remove pallets, if any, before setting. Do not use planting stock if root ball is cracked or broken before or during planting operation. 2. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate voids and air pockets. When pit is approximately one-half backfilled, water thoroughly EXTERIOR PLANTS 02930 - 10 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 before placing remainder of backfill. Repeat watering until no more water is absorbed. Water again after placing and tamping final layer of planting soil mix. C. Set container -grown stock plumb and in center of pit or trench with top of root ball two inches (2") above adjacent finish grades. Carefully remove root ball from container without damaging root ball or plant. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate voids and air pockets. When pit is approximately one-half backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. Water again after placing and tamping final layer of planting soil mix. D. Trunk Wrapping: Inspect tree trunks for injury, improper pruning, and insect infestation; take corrective measures required before wrapping. Wrap trees of two-inch (2") caliper and larger with trunk -wrap tape. Start at base of trunk and spiral cover trunk to height of first branches. Overlap wrap, exposing half the width, and securely attach without causing girdling. 3.6 TREE AND SHRUB PRUNING A. Remove only dead, dying, or broken branches. Do not prune for shape. 3.7 PLANT PLANTING A. Planting Beds Staking - Prior to planting, stake, flag, or paint proposed beds scaling off the plans to determine bed configuration and size. Contact the Owner's Representative for review of extent and configuration. B. Prepare soil as per Section 3.3 under Planting Bed Establishment. C. Layout all planting pots prior to planting. Space plants equally within beds to ensure a uniform appearance. Remove all pots prior to planting including peat pots. D. Plant all plant material so that the plants are flush with finish grade (top of mulch) when complete. This will require slightly mounding each plant. Lightly compact soil around base of plant to ensure adequate root/ soil contact. Do not vigorously compact. E. Re-establish fine grade by hand raking or smoothing grade by hand prior to placing mulch. F. Apply specified mulch taking care not to damage plants. Clear excess mulch from plant foliage. 3.8 PLANTING BED MULCHING A. Install weed -control barriers before in -organic (rock) mulching (not required in organic mulch areas) according to Manufacturer's written instructions. Completely cover area to be mulched (or as described on the Drawings) overlapping edges a minimum of twelve inches (12"). Material and Seam Treatment: Non -woven fabric with seams pinned. EXTERIOR PLANTS 02930 - 11 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 B. Mulch backfilled surfaces of planting beds and other areas indicated. Provide mulch ring around trees in lawn areas. 1. Organic Mulch: Apply three-inch (3") average thickness of organic mulch, and finish level with adjacent finish grades. Do not place mulch against plant stems. Install organic mulch in all ornamental grass areas or as indicated on the Drawings. Landscape fabric is not required in organic mulch areas. 2. In -organic (Rock) Mulch: Apply three-inch (3") compacted average thickness of rock mulch, and finish level with adjacent finish grades. Do not place mulch against plant stems. Install rock mulch in areas in all deciduous shrub areas. Landscape fabric is required in all in -organic mulch areas. 3. Tree Rings: Apply three-inch (3") average thickness of organic mulch, a minimum of 48" in diameter, and finish level with adjacent finish grades. Do not place mulch against plant stems. Landscape fabric is not required within tree ring areas. 3.9 LANDSCAPE BOULDERS A. Placement of Boulders: Place stone/boulders with most attractive face (as determined by Owner's Representative) facing activity areas, unless otherwise noted or directed by the Owner's Representative. Bury approximately 1/3 the height of the stone/boulder, unless otherwise noted. Locations and quantity shall be as indicated in the Drawings. Final placement of stone/boulders shall be reviewed and approved on site by the Owner's Representative prior to placing paving, surfacing and / or landscaping in abutting areas. 3.10 PLANT MAINTENANCE A. Tree, Shrub, Perennial and Native Ornamental Grass Maintenance: Maintain plantings by pruning, cultivating, watering, weeding, fertilizing, restoring planting saucers, adjusting and repairing stakes and guy supports, and resetting to proper grades or vertical position, as required to establish healthy, viable plantings. Spray or treat as required to keep plantings free of insects and disease. Restore or replace damaged tree wrappings. B. Continuously maintain plantings included in the Contract from the beginning of Contract work and during the progress of work and through the end of the 2-year maintenance requirement. Refer to Section 02935 — Plant Maintenance for explanation of Contractor's / Installers responsibilities throughout the 24-month maintenance period. C. The Contractor shall be responsible for resetting of any plants to an upright position or to proper grade and for the removal and replacement of any dead plant material. D. Warranty: See 1.10, this Section, for explanation of Contractor's / Installers responsibilities throughout the warranty period. 3.11 CLEANUP AND PROTECTION A. During planting, keep adjacent paving and construction clean and work area in an orderly condition. EXTERIOR PLANTS 02930 - 12 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 B. Protect exterior plants from damage due to landscape operations, operations by other contractors and trades, and others. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged plantings. 3.12 PROJECT RECORD (As -Built Drawing) A. Maintain one (1) complete set of contract documents on site. Keep documents current. Record changes in location, quantity and species of plant material. Submit corrected drawings to the Owner's Representative prior to final inspection. 3.13 DISPOSAL A. Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of them off Owner's property. END OF SECTION 02930 EXTERIOR PLANTS 02930 - 13 SECTION 00300 BID FORM Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 SECTION 02935 — PLANT MAINTENANCE PART 1 - GENERAL 1.1 SCOPE Complete landscape maintenance of designated areas as specified herein. During and at the end of the maintenance period, all plant material shall be in a healthy, growing condition. The Contractor shall provide all equipment, labor, and materials necessary for performing landscape maintenance and irrigation services according to the following specifications. The awarded Contractor shall be responsible for the full maintenance of the installed landscaping for two (2) years after final completion The Contractor shall be required (by this contract) to enter into a separate maintenance agreement and the terms of that maintenance agreement spelled out in these project specifications 1.2 QUALITY OF WORK All work shall be performed in accordance with the best landscape maintenance practices and irrigation management practices as per ALCC Best Management Practices and Green Co Best Management Practices. 1.3 LOST AND FOUND ARTICLES The Contractor shall insure that all articles found by his employees while performing duties under this contract are turned in to the Project Manager. 1.4 CONTRACTOR RESPONSIBILITY FOR WORK The Contractor shall be responsible for all damages, losses or injuries that occur as a result of the fault or negligence of said Contractor or his employees in connection with the performance of this work. 1.5 PERSONNEL The Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishing to the satisfaction of the City and on schedule all work required under this contract during regular and prescribed hours. The Contractor and his employees shall conduct themselves in a proper and efficient manner at all times. They shall cause the least possible annoyance to the public. The City may require the Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interests of the City. The Contractor shall have competent supervisors, who may be working supervisors, on the job at all times work is being performed, who are capable of discussing matters pertaining to this contract with the Project Manager. Adequate and competent supervision shall provide for all work done by the contractor's employees to ensure accomplishment of high quality work, which will be acceptable to the Project Manager. PLANT MAINTENANCE 02935 - 1 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 Each Contractor crew shall have at least one English-speaking crew chief able to translate directions to the remaining crewmembers. 1.6 COMPANY IDENTIFICATION The employees shall wear clothing that identifies them as employees of the Contractor's company at all times they are working under this contract. Company vehicles shall have a company -identifying marker prominently displayed. 1.7 SUBCONTRACTORS All persons engaged in the work will be considered employees of the Contractor. The Contractor shall be held directly responsible for the work of all employees. 1.8 REPAIRS TO EXISTING FACILITIES All portions of existing structures, facilities, or equipment including irrigation systems, which are damaged or altered in any way, as a result of the Contractor's performance shall be repaired or replaced to a like new condition. The Contractor at no cost to the City shall perform all work of this kind. Repairs shall be made on the day of damage or alteration, unless otherwise directed by the City. 1.9 VANDALISM Existing structures, facilities, or equipment (including irrigation systems) which are damaged or altered in any way, including acts of God, vandalism, vehicular damage, theft, or other mysterious damages that are not a result of the Contractor, shall be repaired at City expense by the Contractor on a time and materials basis. This does not include any irrigation riser and nipples that shall be repaired as routine maintenance. 1.10 SAFETY REQUIREMENTS All work performed under this contract shall be in such a manner as to provide maximum safety to the public and where applicable comply with all safety standards required by OSHA. The Project Manager reserves the right to stop the Contractor or his crews when unsafe or harmful acts are observed or reported relative to the performance of work under this contract. 1.11 HAZARDOUS CONDITIONS The City will be responsible for all hazards in the contract areas that are not a result of the Contractor's work. The City will not be responsible for hazards created by the negligence or omissions of the Contractor. Any hazardous condition noted by the Contractor, which is not a result of his work shall be immediately reported to the Project Manager at 970.218.5658 or the Parks Division at 920.221.6660. PLANT MAINTENANCE 02935 - 2 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 1.12 TRAFFIC CONTROL The Contractor shall conduct the work at all times in a manner that will not interfere with normal pedestrian traffic on adjacent sidewalks. Interference with vehicular traffic shall be in accordance with the City's traffic control policies and regulations. 1.13 MAINTENANCE PERFORMANCE INSPECTIONS The City will inspect all areas under this contract for adherence to the specifications. Any deficiencies or deviations in the work will be submitted to the Contractor for immediate correction. 1.14 PAYMENT PROCESS The Contractor will be paid monthly for work performed satisfactorily under this contract. Within the first five (5) days of the month, the Contractor, shall submit a detailed report of maintenance performed in the prior month. The report shall include (but not limited to) the following information: number of complete mowings, number of complete irrigation inspections, schedule changes, major work to be performed in the coming month, and any other pertinent information. The use of pesticides or fertilizations shall be noted as to date, time, area and what material was used. This report shall be accompanied by a billing in accordance with the contract price for the work performed and shall become the basis for payment. The City may withhold payment to such extent as may be necessary to protect the City from loss due to work required in the specifications which is defective, inadequate, incomplete or not performed. See Work Evaluation Standards below. Contractor shall be required to continue payment and performance bonds until the end of the maintenance agreement. 1.15 SCHEDULING OF WORK The Contractor shall accomplish all normal landscape maintenance required under this contract between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday. No maintenance functions that generate excessive noise shall be performed before 8:00 a.m. in residential areas (i.e. mowing). The Contractor must also have the ability to respond to an urgent call within 45 minutes or less of receiving the call. The Contractor shall establish a schedule of routine work to be followed in the performance of this contract. A copy of this schedule shall be provided to the City at the pre -work meeting and updated with the monthly submittal. 2.0 IRRIGATION Irrigation shall be accomplished by the use of automatic sprinkler systems. PLANT MAINTENANCE 02935 - 3 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 2.01 TIME OF OPERATION - The automatic sprinkler systems shall operate between the hours of 10:00 p.m. and 7:00 a.m. only. System checks may be run during the day and time shall be kept to a minimum. No make up watering will be allowed during the day. Newly planted sod or seed may be watered up to twice during the day, but only with irrigation zones needed. During periods of drought, predetermined city schedules may take precedence. 2.02 WATER APPLICATION RATES The programming of all irrigation controllers shall be scheduled by a Certified Irrigation Technician with one or more of the following, certifications: "Associated Landscape Contractors of Colorado" CLT-Irrigation, "Irrigation Association", Landscape Water Auditor, or "Irrigation Association" Certified Irrigation Designer. The irrigation controllers shall be adjusted monthly to meet monthly ETs (evaporation transpiration) averages. Turf shall be irrigated to maintain horticulturally acceptable growth and color while encouraging deep rooting. Trees and shrubs shall be watered to prevent wilting and color loss. Water shall be applied so that runoff is avoided and applied to match the needs of the turf, tree or shrub bed being irrigated. Daily watering shall be avoided, every third day irrigation is recommended. Turf that shows signs of drought stress (foot printing), wilting or browning shall receive immediate attention. Any loss of turf shall require re -sodding at the Contractor's expense. The Contractor shall submit a scheduling report with scheduling criteria and each controller's operating schedule. Water use on turf areas shall be monitored and excessive water use as determined by the Project Manager shall be at the Contractor's expense. 2.03 TREE AND SHRUB BED IRRIGATION Trees shall be watered so that they receive 40 gallons of water a week during May, June, July, August and the first two (2) weeks of September. Shrubs shall receive 5 gallons of water per week during the same time frame. Schedules may need to be adjusted at the request of the Forestry Division. Mature areas that have irrigation systems may not have this requirement, at the discretion of the Project Manager. 2.04 WATER CONSERVATION AND RESTRICTIONS Watering schedules must meet restrictions set forth by City of Fort Collins Utilities. Any fines or penalties due to failure to follow watering restrictions will be the responsibility of the Contractor. This is even more important in times of drought. 2.05 OPERATION OF AUTOMATIC IRRIGATION CONTROLLERS The Contractor shall protect the security of irrigation controllers by keeping the controller cabinet doors locked at all times. Any stolen or vandalized controllers as a result of unlocked cabinets shall be replaced at Contractor's expense. Remote control and hand held programmers shall be protected from and shall be replaced at Contractor's expense in case of loss or damage. Care should be exercised in the operation of automatic controllers. Any defective or nonfunctioning controller shall be reported to the Project Manager PLANT MAINTENANCE 02935 - 4 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 2.06 ROUTINE SYSTEM MAINTENANCE The Contractor shall perform routine maintenance on the sprinkler system components on an every week to ten (10) day cycle. Routine maintenance shall include the following maintenance tasks: 1. Unplugging components i.e. valves, heads, piping, etc. rendered nonfunctional due to rock, rust, debris, etc. Making all routine arc adjustments for part circle heads to promote optimum coverage. 2. Check controller programming and rescheduling as needed (refer to 2.02 water application rates). 3. Repairing/replacing all broken risers and nipples. This applies to all risers and nipples regardless of reason for failure. 4. Replacing batteries in controllers each spring and as needed. Any replacement equipment or parts must be of the same brand, model number, nozzle size and new unless authorized by the Project Manager. The Contractor shall maintain sprinkler systems in such a way as to insure proper coverage and full working capability. 2.07 SPRINKLER SYSTEM REPAIR Throughout the 24-month extended maintenance period, repair work shall be the responsibility of the Contractor. 2.08 SPRINKLER SYSTEM SPRING START UP The Project Manager will schedule water turn -on through the Water Utility. Contractor is not to turn any curb stop or street water valve. The Contractor shall turn on each sprinkler system at the meter. Mainlines shall be filled slowly and each zone activated by use of the automatic controller visually inspecting each head for performance and coverage. Repairs will be made prior to system being used for irrigation purposes. Visually inspect each backflow device for proper operation. 2.09 SPRINKLER SYSTEM WINTERIZATION The Project Manager will schedule water turn-off through the Water Utility. The Contractor shall turn off the sprinkler system at the meter. Air shall be forced through the system via the blowout tubes on the systems. Air shall pass through each system expelling all water. Care shall be taken when blowing out, as excessive pressure will damage the sprinkler system. It is recommended that air pressure does not exceed normal irrigation system operation pressures. Backflow device ball valves should be left in a partial open or partial closed position to prevent damage from trapped water that will freeze. A second blowout may be necessary on larger systems. Contractor will be responsible for any freeze damage. This should be scheduled no later than October 31 (smaller systems and backflow devices will freeze rapidly). Do not wrap backflow devices with insulation. PLANT MAINTENANCE 02935 - 5 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 3.0 MOWING 3.1 IRRIGATED TURF GRASS MOWING All lawn areas included in this contract shall be mowed with either power reel -type or rotary mowers. The mower blades or reels shall be sharpened and maintained so as to provide a smooth, even cut without tearing. The cutting adjustment will provide a uniform, level cut without ridges or depressions. Mowing height shall be set at 2 - 3". Mowing shall be performed so that no more than one-third (1/3) of the grass blade is removed during each mowing in returning the grass to the accepted height or one time per week whichever is most often. Mowing may be in excess of once per week during fast growth periods. Any damage to turf, trees, shrubs, sprinkler system components, buildings, or other objects during trimming or mowing operations shall be repaired at the Contractor's expense. 3.2 MOWING FREQUENCY IRRIGATED TURF All irrigated turf areas (including areas where only trees are irrigated) will be mowed on a weekly basis or when a mowing would cut one third of the grass blade, whichever is most often. 3.3 MOWING FREQUENCY NON -IRRIGATED TURF Mowing shall be performed depending on the growth of the turf. This turf will grow rapidly in the early season and go dormant with the heat of summer and may pick up again in the cool of fall. The last mowing should be timed to either pick up or mulch the remaining leaves of the season. The Contractor should plan on 12 mowings scheduled approximately as follows: April one (1) time. May four (4) times. June three (3) times. July one (1) time. August one (1) time. September one (1) time. October one (1) time. TOTAL = 12 times PLANT MAINTENANCE 02935 - 6 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 4.0 EDGING AND TRIMMING 4.1 TURF GRASS TRIMMING After each mowing, the grass around all obstructions (such as vacuum breakers, fences, controllers, curbs, trees, etc.) will be trimmed to match the height of the open turf areas. Trimming shall be accomplished around irrigation system sprinkler heads as necessary to permit maximum water coverage by the system. 4.2 WEED EATER CARE Extreme care shall be utilized when trimming around trees with any trimming device. Any marks, chipped bark, or girdling by a string trimmer, mower or other device will result in a penalty assessed by the Project Manager. The use of herbicides (i.e. Roundup) around the tree trunks (no wider than eighteen (18) inches from the base) is encouraged. A representative from the Forestry Division is available to meet with Contractor personnel to discuss turf trimming around trees and its effects on trees. The Project Manager will discuss the resulting penalties with the Contractor. 5.0 CLIPPINGS REMOVAL 5.1 CLEANUP Any visible grass clippings left on sidewalks, streets, or turf areas shall be removed from the hard surfaces and excess on the turf shall be removed or spread to eliminate dead spots from heavy turf clippings. This shall be done after each mowing and trimming. 5.2 REMOVAL If clippings are picked up due to heavy clumps they shall be removed to an approved site, preferably for mulching. However, it is recommended that grass catchers not be used as it causes loss of turf nutrients. 6.0 WEED CONTROL 6.1 WEED CONTROL IN TURF AREAS All landscaped areas within the specified maintenance areas shall be kept free of weeds. (WEEDS =Any plant material not intended for placement in the landscape.) Weeding may be done manually or by the use of selective herbicide (2-4 D) and or pre -emergent. The use of any restricted herbicides or soil sterilant is prohibited. The Contractor shall use extreme care in the use of herbicides so as not to damage desirable plants or the health of other humans or animals. The Contractor shall post all areas with flags to indicate that a herbicide application has taken place (include the company name and contact phone number). The flags shall be picked up three (3) working days after the herbicide application. Observation of the effectiveness of the herbicide shall be monitored at this time. The Contractor shall follow any and all State, County or local regulations pertaining to herbicide application and use, or any weed ordinances that may be in effect. PLANT MAINTENANCE 02935 - 7 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 The Contractor will replace any desirable plants or trees damaged beyond recovery as a result of herbicide use. Herbicide use should not take place within the drip line of any tree. Herbicide applications should be made on a timely basis to avoid seed head development. Only one (1) broadleaf weed application will be required per year for non -irrigated turf grass. All irrigated turf grass shall be on an as needed basis. All herbicide applications shall be recorded for the monthly report. 6.2 WEED CONTROL IN SHRUBS AND SHRUB BED AREAS Weed growth in shrubs and shrub beds shall be controlled on a minimum monthly basis. Weeds and grass shall be removed by hand pulling Large mulched areas may be approved for herbicide applications. Shrub beds shall be kept weed and debris free. 7.0 OTHER TURF NEEDS 7.1 FERTILIZATION The Contractor shall take soil samples and have them analyzed by a qualified laboratory. Based on the soil report, the Contractor shall make a written recommendation for fertilization requirements. A schedule for fertilization will be drawn up and submitted for approval of the Project Manager. A minimum of one spring and one late fall application would be needed for irrigated turf. No fertilization will be required for non -irrigated turf or shrub beds. 8.0 LITTER, TRASH, DEBRIS AND PRUNING 8.1 GENERAL All areas covered under this contract shall be kept free of all trash, debris, tree limbs, branches, and other foreign matter on a weekly basis during the growth season and biweekly during the winter. 8.2 PRE -MOWING CLEANUP The Contractor will remove all paper, tree branches and limbs, rubbish, or other debris from each area prior to mowing. Mowing over paper and debris is considered an unsafe and unacceptable practice. 8.3 SPRING CLEANUP The Contractor during the first four weeks shall remove all debris, leaves, paper, branches, rubbish, etc. from all areas before any other maintenance activities commence. 8.4 FALL CLEANUP During the term of this contract, leaves shall be the responsibility of the Contractor. Removal or approved mowing with a mulching mower (attachment) shall be the methods used to control the build up of falling leaves. The final mowing of the season shall be after 90% of leaves have fallen to promote a well cared for looking turf. Leaves must be removed from all shrub beds and areas where leaves collect on both medians and parkways. PLANT MAINTENANCE 02935 - 8 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 8.5 TREE SUCKER GROWTH Suckers shall be removed from trees as they appear. Clipping them off shall be the preferred method or as directed by Forestry Division personnel. 8.6 SHRUB PRUNING Shrubs and bushes shall be kept trimmed so that they hold a compact shape and do not extend outside the median line or over splash block. The City shall do all tree pruning. The Project Manager shall request any trees that need to be pruned for safety of Contractor personnel through the City Forestry Division: Contractor will request all tree pruning through the Project Manager. 8.7 TREE PRUNING The City shall do all tree pruning. The Project Manger shall request any trees that need to be pruned for safety of Contractor personnel through the City Forestry Division. Contractor shall request all tree pruning through the Project Manager. WORK EVALUATION STANDARDS 1.0 WORK RATING The quality of work and performance are important to the City and reflect on the City and Contractor. To establish compliance with the specifications found above, the following penalties shall be used in case of insufficient performance by the Contractor. The Project manager shall rate the quality and performance. 1.1 PENALTIES A penalty shall be invoked when an inspection report reveals a maintenance item (i.e. mowing, trimming, sprinkler maintenance, weeding, trash pickup, etc.) was done unsatisfactorily in accordance with the standards set forth in this specification. The Contractor will be given a minimum of two (2) working days to correct the deficient work. If the work after this time period remains unsatisfactory, the following percentage of the total calculated monthly billing would be deducted as penalty: Number of Deficient Degree of Penalty Maintenance Operations 1 5% of monthly billing 2 10% of monthly billing 3 15% of monthly billing 4 20% of monthly billing 5 or more 25% of monthly billing At the point of more than five (5) deficient operations, the Contractor may be found in default of the contract and removed for no cause. Damage to trees by string trimmers or mowers will be penalized at $25.00 per occurrence. If the Project Manager were notified prior to an inspection notice, the penalty would be reduced to $10.00. Any penalties would be deducted from the next monthly billing. PLANT MAINTENANCE 02935 - 9 Landscape and Irrigation Improvements at Harmony and Shields 05.01.09 1.2 NON RECOVERY OF PENALTY BY CONTRACTOR 1. Money withheld as a penalty from any monthly payment due the Contractor will be considered a forfeiture on the part of the Contractor and not recoverable. 2. The intent of this contract is to provide a well maintained landscape with regard to the specifications. Adherence to the specifications will make it unnecessary to invoke penalties. END OF SECTION PLANT MAINTENANCE 02935 - 10 5. Power for any controllers will be provided by the City up to and including the meter. The contractors electrician will be responsible for connecting to the meter per details 16, 17 and 18 in the plan set. 6. All sleeving under the roadway has been installed with the road construction contract. The landscape contractor will only need to provide sleeving under sidewalks. 7. All irrigation controllers are to be installed in the standard enclosures that come with the units. Strong boxes are to be installed only with the backflow devices. 8. It is not likely that enough existing topsoil will remain on -site to re -use from the roadway project. Line item 2.02 was provided for import of topsoil with an estimated 335 CY. Contractors should bid with the expectation of importing suitable top soil. 9. Rainbird will be donating rain tipping buckets and ET cartridges to the project. See 02810-7 of the specifications, Section 2.7(B)2 & 3. Please include labor only to install these devices with your bid for item 3.04 on the bid tab. The irrigation designer estimates 30 minutes to install these with each Rainbird controller. II. Bid Tab clarifications: Addendum #1 includes a revised Bid Tab that reflects changes to bid items 1.05, 1.06 and 1.07, maintenance items. See revised bid tab 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 PROJECT: SECTION 00300 BID FORM Place Date 1. In compliance with your Invitation to Bid dated 20 and subject to all conditions thereof, the undersigned 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, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of ($ ) in accordance with the Invitation To Bid and 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 payment bonds is as follows: 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs 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 hereby acknowledges receipt of Addenda No. through Rev 10/20/07 Section 00300 Page 1 WEST HARMONY ROAD & SHIELDS STREET LANDSCAPE & IRRIGATION IMPROVEMENTS MAY Ol , 2009 SHEET INDEX SHEET NO. SHEET DESCRIPTION 1 COVERSHEET 2 BID TAB LANDSCAPE 3 LANDSCAPE PLAN 4 LANDSCAPE PLAN 5 LANDSCAPE PLAN 6 LANDSCAPE PLAN 7 LANDSCAPE PLAN, MATERIALS LEGEND 8 LANDSCAPE PLAN, GENERAL NOTES, PLANT UST 9 LANDSCAPE DETAILS IRRIGATION ID IRRIGATION PLAN I 1 IRRIGATION PLAN 12 IRRIGATION PLAN 13 IRRIGATION PLAN 14 IRRIGATION PLAN 15 IRRIGATION PLAN, NOTES, LEGENDS 16 IRRIGATION DETAILS 17 IRRIGATION DETAILS PROJECT TEAM OWNER: CITY OF FORT COLLINS ENGIINEERING DEPARTMENT 281 NORTH COLLEGE AVENUE FORT COLLINS, CO B0524 PH: 970.221.6605 CONTACT: RANDY MAIZIAND _'I' d@Icgw.com LANDSCAPE ARCHITECT: BHA DESIGN, INC. 1603 OAK RIDGE DRIVE FORT COLLINS, CO 80525 PH: 970.223,7577 CONTACT: JEFF KROEGER jkroeger@bhodesig ocom JARED PIERCE jpierce@bhadesign.com IRRIGATION: I LINES IRRIGATION, INC. 323 WEST DRAKE ROAD SUITE 205 FORT COLLINS, CO 80526 PH: 97(Y262. 1800, EXT. 206 CONTACT: MICHELLE PETERSON michclic�elcrson@hinesirrigolion.mm VICINITY MAP NOT y i s7 _ FS .; 'I ir NT�Ii�NORTh NIIOCall Yt om yo , Ca[I EL!MLa pLId1U. Co. 1601 OaRMge D.rve �•."••••I DmW F« cowsis CITY OF FORT COLLINS, COLORADO "" a " HARMONY & SHIELDS 1 ir>a.rD— I99n)Rum9 Fbf[C011If15 scut: D.,E: olEaco er: o.re: a ss197U1ID.19R9 ENGINEERING DIVISION �'ti/'� os.al.os I _ LANDSCAPE & IRRIGATION IMPROVEMENTS 1 No Text ARAPAHOE FARM TOWNHOMES P.U.D. ... ..... ... - -------- .... .... ... --- 3 all, 7 ------------ ur z msmrc . . . ....... .......... . ......... HARMONY RIDGE P.U.D. STATION 15+72 To 22+00 .... .... ..... ..... .... . . ............ . ruaa THE INTERNATIONAL CHURCH OF THE FOUR SQUAREGOSPEL STATION 22+00 To 29+ ...... ...... ------- ---- --- --------- THE RIDGE P.U.D. j_- 1 THE INTERNATIONAL CHURCHOFTHEFOUR SQUARE GOSPEL REGENCYPARK SECOND 'FILING .... < . .... ... .. .... ..... .... ---- - w --7-4 U THE RIDGE P.U.D. C.) 11 . p1r,"N NON0RTH 30 30 -A. i — — NOTE: I&K-. whn belm - Calibetampudig. CITY OF FORT COLLINS, COLORADOins HARMONY & SHIELDS D—, —ED - iO4TE: 3 W 1.1 ENGINEERING DIVISION OS OL09 LANDSCAPE & IRRIGATION IMPROVEMENTS FORT COLONS SECOND AND HARMONY P.U.D. . ............ ........... 41 L.D.S-CHURCH ... .. ---- ----- � 7 , ........ . ........... 71.i.� . ..... . . ...... .... ... ............ ............ . ............. . .. .......... .. . . .................... . ............. .............. ..... . . ............... ------ ................... . . .................... ........... I ;— - ................. !'Kli�RMONY ROAD F u 30 61 ----------.ar Pax AT ............... ... I .............. ... ... .. ----------- - I I . . . . . . . . . . . . . . . 7W".'r-4w IQV- VIC u z VI w IV, 7 W11 C-) STA-HON 29,+n 00' '+ ME ,636+00 THE RIDGE P.U.D. PINEVIEWP.U.D. sou nw. PHASE 11 ..... .... .. - . ..... .. . .... ..... .... . . ..... .. .. .... .... .... .... .... .... .... ..... .... .... .... .... ... .... ..... ... ... ..... ..... .... ..... ..... .... ..... ..... .... ..... .................... - ---------- - ---- -------------------- ------------------- ............... .. . .................. . ................ . ................... ..................... .... ---------- . . .... . ....... ..... . .... . .... - - -------------------- ---------------- - ---- - ................. .............................................. --- . ............. ----- ----------------- ..... .......... ----- .......................................... ................. . ................. . ........... .... .. .................. . .................. ........... . ........... .. ....... . .... . ................ . ...... .... . ............ . . ..... ..... . ........ . . . ................... ....... . ...... ----- -------------- WNW HARMONYROAD -7� u ........... ..... T - - ------------------ ---nx - �7. I w u THE RIDGE —T— —.1 wen WESTS RY P.U.D. 1ST FILING NOTE: NORTH 30 u mm whar. below Call buftnyou ft STATION 36- 4 06-, El.— DATE --ET 14V ".d—. "' ""� D.—,,, CITY OF FORT COLLINS, COLORADO FpVfColhns HARMONY & SHIELDS 4 ono — �— co p h (9 7 0) '223-7577 LANDSCAPE & IRRIGATION IMPROVEMENTS - 0)22 .'.27 ENGINEERING DIVISION 17 PIOCA pftNEVI W P.U.m—whmbel PHASEll V ............. .......... ........................................... ................ ........... .. ........... .......... . ......................... -- ----------_--- ----------- . . ............... ........... ------------ ---------- . ........... ..... ...... ............... ........... w x un HARMONY ROAD z ...... . .......... NCIU" SCALE 1 30 NOTE: 7 7 LL- 7- . ... .... ..... ..... .... ..... .. ...... .. WESTBU Y P.U.D. I ST FILING BROPHY o - -------- --- , wl -STATION 43+00 To 48+75br 41 AK, c THEWOODLANDS - ---- -- - - - --- --- ---- ----- - CONDOMINIUMSP.U.D; --- - -- --- -- ---- -- - -- - Li w - ----- -------- --- s' 4T; 2L_ - ----------------------------- - T lull, . HARMONYROAD 11 C' u 1� 121 F_ ............. . ......... ........ .......... .......................... . . . . . . . . ------------- . . ..... '777:,._ ..... -- ------------- -- ........ .......... ............ Y- --- ---- ... . ............ . - - - --------- --- ----- --- ..... ........ ...... - -------- .... ................ .......... ---------- ....... .. . ..... ............ - ------ ... . .......... . ..... ........... I . . ...... . ............ ., t - - ----- - - ---- ---------- . . . . ...... ... . 7� n FRONTRANGE COMMUNITY COLLEGE �zo STATION 50+84.84 TO 59+00 —ET CITY OF FORT COLLINS, COLORADO 5 �� I SC iDATE� iD..: HARMONY & SHIELDS ENGINEERING DIVISION 0$01- 1 LANDSCAPE & IRRIGATION IMPROVEMENTS THE WOODLANDS CONDOMINIUMS P.U.D. .... .... . ... .... .... .... .... ---- ----- .... .... ------------ ------- ------ ---- .7 -- - ----------- .................... . ... ............... ... '2 ... ..... ..... .... i'l FRONT RANGE COMMUNITY COLLEGE STATION: 59 + 00 To 65 + 00 THEWOODLANDS FILING 5 ......... . --- -------- HARM 0 NYROAD .. ..................... ...... ----------------- - w U U z U w FRONT RANGE COMMUNITY COLLEGE 8. KI—whaftbelowbdmcauyouCI4 dhpr-'-N NORTH 30 NOTE: tl!; is x THEWOODLANDS THE WOODLANDS FILING 5 FILINGS ......... .. .................... .................. . ... ....... ......... .. ... . . ... ......... .. .. . ........................ ... .. .................... . ... - -- ----------------- . . .. . ........... ............ .. .. ... ---------- ............ .. ... ........................... .. ... .......................... .. -- - ------------ - ------- .. ........... -------------------------------------------- HARMOKYROAD 1001 --- ...... . ................ . .... . . . ........ .......... — ... ---- - ---------- ... .. ...... .. ........... ............ ---------------- . . .............. . ...... .... ---- - ----- --- —cf—El—To ----------- . .. .. ... ... -77 -7. 7.--- 7 -.7 ------ - - -------- - L ------------- - ---- --- ---- ---- -- .... - --- ---- ---- FRONT RANGE COVENTRY SUBDIVISION FILING 2 W ........ ....... COMMUNITY COLLEGE ... ......... STATION 65+00 To 74+00 DIM _103CO-�C.OD.— CITY OF FORT COLLINS, COLORADO HARMONY & SHIELDS JM:� MD 81 DIM: n. o2D.,027 ENGINEERING DIVISION ODA5 0, W 1I m LANDSCAPE & IRRIGATION IMPROVEMENTS 6 llmATl . . ........ . • 13 OF 1 CQtIFIS w1l; IZZ 12 i TO1,3 .................. - — ----- . ...... w 77 I HARMONY, ROAD w xGGG t o.... u .......... 7777 w F .............. <1\ w. I w ILo Z ic I -z( u HARMQNYROAD 11 OZ :Z1 ou Z 0 u IkAITCHI-111 h STATION 43 + 00 To 48 + 00 STATION 48+00 To 53+00 CITY OF FORT COLLINS, COLORADO ENGINEERING DIVISION 1—: 10IIX: I --FED By: r—: 050 Ill- 91 NOU" NOTE: MATERIALS LEGEND 6 belolM CaUmmyouck HARMONY & SHIELDS I 7 LANDSCAPE & IRRIGATION IMPROVEMENTS It GENERAL NOTES E C•�•• I. Plum.1-1 snatl be in accodame wiln AAN,agJia ron, Iw uvmbn Ore Gmde.m to am wore «saw ce O 4.� I IIIII I III 2. I sMtl be b d bee Man I ... be - I M cbwr n 101ce r «I SM b Iw1 0,- i -a, ob ed b .ban i 1 4. T 1bMII b d rN wh q,bk Bence canparry I« 1 1 1 -1 be Mad M held b a At - I d I 4D be , , o d 1.lab ,Iw11- 'moirnJ. NJlfry e ] T be bolbd Nbrbped. 1 l r0 v NNII 11b bed btl be Iched d "ned M p•i I uM bad e. a ra. wo.en pdrq len weed homier urcA as Trp« «EA.1, oM� 1 I 5. / 8 po hoY M d 1 oidrq M b Jrq pl p ai I I— t 6 F b. d moll ho Ib boas pe pb - mrdim N n pb do�u 6o nn coo,«rws w tint he goyosed g od ng v arm d,o noge. �Y B i1j I.1 i 1 h ion d I& rw I ol` M e d bod,c pv ebmenn o me pbe. �d a f Pbnling beds to be amendoo ed s llbws: 5 imponed ropsale,od. See • «, lo• nil omeMme 9. A,—mr amwn on :M1e bn pset Mor are disturbed by <on,:rvcrvon opemrron, shall be vpoired oM ,v�,eededsro boner Mon e.u:irg cwdnian. 7 1 10.b, h, Iesa.d/o+pbntiag,l.11 wi7)1.,,aed firohao,enient will Lure.rrwtnlroon...ir..um lwight o!3VaMcampy lienswd Fa prvruxl GO•"^ p, W so rlwl ,he bwesl bromhes begin ,wen E. Ire above limn erode, yWj w� I I. o.dsca �q vholl be m mra oeu by Me Comw or.-',pswmial c bd. 1 i and µhen- i, 0 inlevanc f-,. d a. See peciliw was. SaQ J IT. 11. E ape eke ,.hwr U,. r emaveJ sh otl Le yr Ah, ieyb. oll Thv ylyn ry sluY be l years lron� Joru d subsro •ial cymyWiorr. W ,1 13.Iheldbwing sapo,alrons vhaY be pws'dod bcrwmnhma/,hrub, and vlYiry lino,:ON Z b B 4�1 e0leel bev,een canape Tree, and spool lynrs. 10RTI1 LLf�v ISlrer be,noon a,nomemol lrtt,aM sl-11,hb, O let be,ween ones and w«er .,,ewer hoe,. ! 1 •" a leer belwean sh,ub, and wale, or sewn, hoer. SCALE. 1 • 30 1 I pp,a pIb I a There shot be ro eanM1 d, vrb-np oc . y or side he di g I m , ,o.ed on he oaep ed plans voles, oor wn ea a' ed ,he - .. 1 `3 15, N Cdl P,B 1n-h.. er i ecm,. ro 1�7 15. P d dtl h er sl and ton u�orl. rr ry shall be ns npxd br,he Con Ida b y OrM, d of Mll be msalbda he approp,wa m n,equeme a,.nd ed M1e o d—,A,nion d -71 I d I pan. C) ^ 16 D h C ,. be TKI b e for proven ,p and <ontrolh,q on s a eroi ludrq 1 np h erry N nll, o ,tom oc all amplyw ed, r.1hec rsry hal e, nswJ cord 1 war • :I - --' ' -- d h d ECdo d Obl M O C dU' o•113uJ169235901'Jnsl a obmdowe mom yb, and Me (-- i`Bel ��4 II {I II jWAKEROBIN I1 F' g d k h. d d" op n IIb orecred, a,needed, vnbv, o,M,vnu apPoved by the Gyol Fon ANE y ik[ I ca y, 1 LANE I tl W h d ed C boll M re,ppnuble for ou cbon vp ard.emo d I Il Bed" ord LrLR j_� debar ham otl droimp -I vaN yuNcl«.Y ed. I.I 19 the Contmcm• MII d I, rem I Iva M b ne lim, ed ro,edimem imd,enend, depotied g tt,, B1 h pudic Rom pM ma II �.y a wz v,vl waM1 oys me Ire• d cu,,,r,uctw mry uls uW wE, ro vw by 1,e puLk by My _ 1 1 g oov. ax of 9' 11 �I T 20, d q red pmp oreofsl shotl be ded 1 pal-np ewprgebn ipmoN and mo.eNp«age. MyJ q .u:bp. blurred ,nos shatl' der bo po dro be v than v.,avq coMnms, pwrro hmlmmpbeon !1 I i f I j �, 21 Remural orI rq ep Y : I 111I weed I. —Id Moh rp .EP.I.E.- Yby Imaad drp, J,oI111, ae bb1ereeq 1 ed1 imrvwdb,e,e,VaME,ndb,mvp4hnp.P b ormmed Reler ro I dd.. �. ti i II I 22 In dp tl by boned pl deb,-penew ed b, by proj«t by ha C.I.I. or ha rioppp ", I,[hen d ed b Z C I he Iry of rrohw or pedes„bm, 4r a m <ou, 1 Me by bh ndawrcd l ne U ,V. l i A'. 5 f'I rl.•1 ample khed 4 h,h tl h.0 nubAh"a PranJv Me rwauo,r caviq.0 d RJ h A lea Me 1 vL ! I Y+irf 1 d d M K Th C." depanmea mn,wttp Me h—, 1$70.Wh i hmn Isl Ono -h Cn g c A ",tee deponmem qb rq tt ,Aloe leoed br Me I an 2 h- 1 1 C %` R neP R411 5 M . Da a M,, l/ C II I� . —.I IS2o.00 21hoe. i1w "" I - b I Ina 132tl0.001 in C ,w6l bn wc4 charged l«,a n.pmses'c�.« 2f. I Pre, netl mamm cryf `P s clad. l J , tlo be ,hevW be mo 4n1 1 y, .......... ale dico bn who unla a e vp, ro M JumopeJ r,wr,lwvb be my 4ed won , `I I � I , I � metal posy and o smw ence z PLANT LIST ' I ' KeY Baran cd name Con man Norc 51aa Poo, Ow•ery I u j1 C DECIODOUS CANOPY'REES AC iA ncenama Ca nn Horw,a, To v, oa ,mole 2Cu1. BB la 11 I.I O en SP Caralpo, We, ern Co,olpv 2 Ca1. BS s GL IR Gled so - m, 5•yl ne S"I.-lbnellocust 1 CIL BB b DI Grn oaluJ J A'entveey Cohertve 25- BB L" I1 Br. 10 OU BU Ouercus b - re.os Red OaF 2 C 1. BB 6 O OU flJ Ouv cusL em Ned Oa4 .5C1. BB 2 I, C� A !14 II I ocCIOOUS ORNA.NkNIAL1R ESNOTE: u�'I'o'mnicosl ....o'vnonoa' SccdadeE lhT1 uh Ov4 CoaSEE l. Bit BB tl 0 aw I �li�ijA'1 cRCR cmrmp,,,nr„gamin,,,ni, Thernl•nC«bpm"meh— 2•ca1. BB 2io Alp I ,trilll A�uLu,L" IYy�! Q o RA Mulw'RWmnl Rod- C—pp 2•Cd. BB tl 16 Y[d1 Vn PJbi Cmppl• 3 I. sa snr[TRof lr tonra.rteotS,Leoar. r TV- wl 1 •r1 �, iwiw me ..x Za III ( I.'� PIG b1W BB ryunu CM,mobaP CFonr,Ueer Pear 24 OkCIDUOUS SIIRUES CAC C........ dmdoma lbl--I BIce Nn, sdrm Ih CO,IT. 52 PE AI Pe.oscw mnd,cJdw Borden Sqp IS —T. 2I Kopw nEaYY D0I0YA ORNAMENTAL GRASS , CA bdom you Ng II III (;Y ..I UKr Cobnwg.ose,. ocvnlolw %ad feemM hvd fuvnla,iw,rwr RwJ G,uu S CONT. 112 I vw B ' i PEN PenniuNm oboecura,dea favmon Grou 15 co., 123 1l PFRENNV.LS III 1 MATJrHLINE AC MO /vhdboMmmmne' Mmrnlece Yarrow II CONI. 103 I AC SP hn,Ym yammer Po„h• Nr..d Pmlab Y.— [ON. SU H"'«l'"°R"STATION 53+00 TO 58+00 "EE "AR H,M pa [eo°"NTT. 2IB23 IbDl Olkmle Dme __ _.- Piro a cal d comsss a, a e " p"" HARMONY &SHIELDS 11 cn12ro1311rs/T CITY OF FORT COLLINS, COLORADO Fpr[CdUns 8 E—)n1lB27 ENGINEERING DIVISION "�1. K �' IDArz: cHExEO en to"rE: LANDSCAPE &IRRIGATION IMPROVEMENTS 1 � asal.op SHRUB PLANTING O NTs � TREE STAKING 1 TYPICAL MEDIAN SECTION n TYPE 2 AGGREGATE H r.s. juivaw rm.n belm . CaUbdompume. c �.-L. CITY OF FORT COLLINS, COLORADO Fort Collins eH:.. L__�,-a�. _._ HARMONY & SHIELDS �EEq c�pnc Dngn 9x SCKE: OnIE: CHECKED Bv: DACE: i,.iwo�xxx-iev ENGINEERING DIVISION '--�./—� I Domos LANDSCAPE & IRRIGATION IMPROVEMENTS 1 Z6 -- '"�: °p ARAPAHOEFARM TOWNHOMES P.U.D. z <• Hq� 3 1 __.._5 .__ ' _HARMONY RIDGE P.U.D. \\ �\ _. 20 00: _..._, --_. _.2T 00 ..... ... .. 1 .221 1 NOTE 1 HARMONVROGE iO nCCEPT FRO -AGE ONTO FR nTE SYSTEMs - SNOVrt1 CONTACT HOA FOR GONBTRUGT ON COORD NATION. � 1 0 D 1 1 NOTE 2 :"I -All CHURCH 1 1 STATION 18+72 TO 22+00 IANCIAT 1 REGENCYPARK SECOND FILING 10 2}+00..2w+00 THE INTERNATIONAL CHURCH OF THE FOUR SQUARE GOSPEL HARMONYROAD THE RIDGE P.U.D. THE RIDGE P.U.O. \_ HERAIST11GS11111 O Be LD G STATION 22+00 TO 29+00 /KnKD. 1601 'P., a DHw MP OIMO9 ,FH D�� wncOnm,,coeDS CITY OF FORT COLLINS, COLORADO FortColtins G�pBl�•k DaIKn PMne 1920) 22B-25]2 sCALE: DATE: CHOCKED BY: TE h.(120)2➢-IB22 ENGINEERING DIVISION �✓^� D5 MLP DAOS:GTD9 REFERENCE IRRIGATION LEGEND ® SLEEKS. SCHEDULE 40 RdG ISTAG ROAllRAY SLEEVES'. SCHEOLLE RD PVC 111111"E 'RE RR G E S xG eP x MA NI UE EO FEM4N PPE CO SPR" "I (�) LATERAL PPE CO PGNT SWRCE EN RfRs (�l I SUPPLY HEADER TO "LINE TREE RIGS LATERAL PPE HUGER TO EREE BVBBLCRs. CLASS 11 P.L NCH UNLESS OTHERWISE NOTED ILINE DRP RING ASSEURLv NETATN TLCVA 12 — Iv UKOxuECTEO RPE CROSSING �— PDIT OE CONNECTON ASSEMBLY WATER METER AND CURB STOP ASSEMBLY 'Z BACKFLGW PREVENRON ASEEMBLY: FEBCO 825-YA H ISOLATION GATE —E ASSEMBLY R QUICK COUPLING VALVE ASSEMBLr AIII REMOTE CONTROL VALVE ASSEMBLY FOR SPRINKLER LATERALS RNNBIRO — (SIZED PER PLAN) ® REMOTE CONTROL — ASSEMBLY FOR GRIP. RARBIND KC2-,OD-B-COM ®'L FLUSH CAP ASSEMBLY �INpCATEs CONTROLLER 0 STATKIN NUMBER (K•EKISBNC GDNTROELER INI ITEs LAORAL IN 1C HARGE ICRN) IrvOIGTEs VA1K SIZEE INCHES) INOICATES Sv NKLER RISER POP-UP HEIGHT (R-RCN UNLESS OTHERWISE NOTED) C) IRRIGATION COMROLLER UNIT -UP SPRAY SPRxuIER. ry BIRO tBpA-GAM-PRS w/B -UP SPRAY SPRINKLER. 1BOA-SAN-PRs w/IO • POP-UP SPRAY SPRINKLER: RAIN BIRO IBDA-SAN-PR' w/12 - NKLER: - - w/IS - N B R PA N 1R0� SAN-vRs W/ISSS BUBBLER ASSEMELYRaNBIRD A SERIES IN ROOT11TERING SYSTEM • REFER TO SHEET 15 FOR FULL IISCAPPIN LEGEND ld roffsIRRICA=comarAw, Arc, " DO , ! NnwrllRl'ebebK call befa ET/Uuft NORTI I =GALE ,.. BD. -� IT HARMONY & SHIELDS IE0 LANDSCAPE & IRRIGATION IMPROVEMENTS BID SCHEDULE (Base Bid) 7039 LANDSCAPE AND IRRIGATION IMPROVEMENTS AT HARMONY AND SHIELDS Bid Tab it.. it I Item Description Quantity Unit Unit Cost Extension GENERAL REQUIREMENTS 1.01 Performance, Payment and Bid Bonds 1 Lump Sum $ 1.02 Mobilization (permitting, fees, insurance, general condifions, etc.) 1 Lump Sum S t03 Erosion Control (assumed to be existing as part of separate roadway contract) I Lump Sum By City of Fort Collins 1.04 Traffic Control and Flagging (by City of Fort Collins) 1 Lump Sum By City of Fort Collins 1.05 Mowing - Trimming (irrigated turf areas only) - Assume weekly basis 28 EA S 1.06 Mowing - Trimming (non -irrigated native seeded areas) - See Spec for frequency 12 EA $ 107 Weed Control - Assume every other week 14 EA $ 1.08 Sprinkler System - Spring Start up 2 EA S 1.09 Sprinkler System - Winterization 2 EA S SUBTOTAL $ LANDSCAPING 2.01 Soil Prep - Organic Soil Amendment 81 CY S 2.02 Topsoil Import (sodded areas only, import topsoil not required in dryland seed areas), 4" deep 335 CY S 2.03 Fine Grading (all areas) 117,460 SF S 2.04 100% Turf Type Fescue Sod 26,910 SF $ 2.05 Type 1 Aggregate - (3 - 6" Cobble, 3" deep) 11,690 SF $ 2.06 Type 2 Aggregate - (Mix 70% - 1" to 2" Cobble and 30%- 3" to 6" Cobble), 3" deep 930 SF S 2.07 Landscape Boulders - 12 Ton 17 tons S 2.08 Landscape Boulders - 1/4 Ton 9 tons S 2.09 City of Fort Collins Recycled Wood Mulch - 3" deep (transport to site and install only) 10,430 s.f. 98 CY S 2.10 Weed Barrier Fabric (beneath Type 1 and Type 2 Aggregates only) 12,620 SF S 2.11 Hot Wings Tatarian Maple - 2' cal. (Acer tataricum'Garann') 14 EA S 2.12 Westem Catalpa - 2" cal. (Catalpa speciosa) 5 EA $ 2.13 Skyline Honeylocust - 2" cal. (Gleditsia triacanthos inennis'Skyline') 5 EA $ 2.14 Kentucky Coffetree - 25" cal. (Gymnocladus diolcus) 4 EA S 115 Texas Red Oak - 2" cal. (Ouercus buckleyi) 6 EA S 2.16 Texas Red Oak - 2.5" cal. (Quercus buddeyi) 2 EA S 2.17 Bur Oak - 2.5" cal. (Oueras macrocarpa) 5 EA $ 2.18 Chinkapin Oak - 2" cal. (Quercus muehlenbergi) 6 EA S 2.19 English Oak - 2" cal. (Quercus robur) 8 EA S 2.20 Accolade Elm - 2" cal. (Ulmusjaponica x wilsoniana'Morton') 9 EA S 221 Chanticleer Pear- 2" cal- (Pyruscalleryana'Chanificleef) 24 EA S 2.22 Thomless Cocicspur Hawthom - 2" cal. (Crataegus crusgalli inermis) 10 EA $ 2.23 Radient Crabapple - 2" cal. (Malus'Radient') 16 EA S 224 Velvet Pillar Crabapple - 2" cal. (Malus Velvet Pill&) 13 EA $ 2.25 Russian Sage - #5 cont (Perovskia athplicifolia) 21 EA S 2.26 Blue Mist Spirea - #5 cant. (Caryopteris x clandonensis'Blue Mist') 52 EA S 2.27 Karl Foerster Feather Reed Grass -#5 cont (Calamagrostis x acutifolia Xad Foerstef) 142 EA S 2.28 Fountain Grass - #5 conL (Pennisetum alopecuroides) 123 EA $ 2.29 Apricot Daylity - #1 coot. (Hemerocallis'Ru fled Apricot') 123 EA S 2.30 Dwarf Yellow Daylily - #1 conL (Hemerocallis'Happy Returns) 23 EA S 2.31 Mixed Pastels Yarrow - #1 cons (Achillea'Summer Pastels) 30 EA S 2.32 Moonshine Yarrow -#1cont- (Achillea'Moonshine') 183 EA S SUBTOTAL S SPRINKLER IRRIGATION 3.01 3/4-inch tap and meter 1 EA $ S 3.02 Backflow Assembly - 3/4" 3 EA S 3.03 Backflow Enclosure strong box SBBC-30AL 3 EA S 3.04 Irrigation Controller - Rainbird ESP-12LXM wl Enclosure 2 EA S 3.05 Inigation Controller - A uaconserve ET-12B w/ Enclosure 1 EA $ 3-06 Irrigation Controller - Rainmaster Eagle RME30EG w/ Enclosure 1 EA S 3.07 Irrigation System 1 LS S SUBTOTAL $ TOTAL IN WORDS Rev 10/20/07 TOTAL $ Section 00300 Page 2 REGENCYPARK CONDOMINIUMS - IO PUBLIC POC I T HARMONYROAD \ @NEW CONTROLLER- 32, 00 MIDGE I �a.anm Z C O It oRTo P rvATE SYSTEM w EpGE Bu GVTBroN TO ACCEPT Ro NTAGE Li THE RI E P.U.D. AAS SHOVwi. CONTACT HOA BEvxesENTANVE (GREG HURSI) AT 1131110/ CONRTROCTION GOORDMANON, 0iy OBE STATIONE29+00 TO 36+00 FORT COLLINS SECOND AND HARMONY P.U.D. ®®yy 0AMEPT 9TEM AS r101TAGRN E EO % ) ACT TIOrvC�ROMATICN RIDGE P.U.D. E � � p p p Vrv.uMox�yne REFERENCE IRRIGATION LEGEND ® SLEEVES: SCHEDULE 10 "D EXISTIIG ROADAI SLEEMES. SCHEWLC 10 PVL AILNE IIE K NNC RRO Ai uANTO REMAIN LATERAL RPETOaSLN VRINKLERS (M� LATERAL RPE TO POINT -SOURCE EMITTERS U 'J SUPPLY HEADER TO ILME TREE RINGS L*TEI III HEADER TO TREE 111111S CUSS 11 PVC '_INCH UNLESS OTHERWISE NOTED MLNE DRIP RING ASSEMBLY: NETARM 1LE -11 Y•IY UNCONNECTED PIPE CREESIC f—/ Polxi-OE CON—TIDN ASSEMBLY w4iER METER AND CURB STOP ASSEMBLY z' BACKFLOW PREVENTION ASSEMBLY: TERM 818 YA N ISIXAl10N GATE VAIVF ABSCMBLY R OUICK " NG v4VE ASSEMBLY .� REMOTE CONTROL VALVE ASSEMBLY FOR SPRINKLER LATERALS RNNBIRD RED (SIZED PER PLAN) ® REMOTE COniROL -VE ASSEMBLY FOR DRIP: RAMBRD KCZ-100-B-COM 'Vl RUSH EAR ASSEMBLY I'll III CONTROLLER 11 1111 NUMBER (K-EXISTING Al CONTRELLER PER OWNER) 1G INDI 11 LATERAL MSCNARSE (GPM) INDICATES -1 SIZE (InCHES) ATES SRRNKLER RI NEIGHI (1- N N UNLESS OmERwISE ROTEB) �A) IR TR NOLLERIN T • 180 ":UPNSPRAY SPRIxKLER:ep1-SAM_PRS w/N POPUP SPRAY Sv xK1ER. N BIRD w/10 A POP-UP SPRAY SPRINKLER: RAN BIRp 18 W/11 POP-1P SPRAY SPRINKLER: RUN BIRD 1B01-BAM-PRS w/18 W5S w BUBBLER ASSCMRLYR RNNBIR. 1101 RSERIES O/1 IN ASB.ATERING SYSTEM w T"P.0 D°GE „ " ' I TRIMS SIRGATIIM� CMSKTAR4 W SUTLER'x „ STATION 36+00 TO 4NORTI1 � 3+00 Bo C211ueioleyaldxy . -ALE I_ r REW510N5: DATE: DESIGNED BY. DRAWN BY. APPROVED BY: CITY OF FORT COLLINS, COLORADO For"tCollins M P RH HARMONY & SHIELDS 11 ENGINEERING DIVISION �` 0 L ° os ML CHE«LD BY: Ip4D5.01.09 LANDSCAPE & IRRIGATION IMPROVEMENTS ° 17 PINEVIEW P.U.D. PHASE II HARMONYROAD ti WESTBURYP.U.D. p. 1 2 ST FILING r BROPHY I \ 3 ✓f%:. STATION 43+00 TO 48+75q T THE WOODLANDS CONDOMINIUMS P.U.D. THE WOODLANDS CONDOMINIUMS P.U.D. HARMONYROAD .-.. _. _.-._ .. .....52+00... -... . ... ..._........ 53+00-..._...... ........ _....... 54+00._-...-.. ...._..... . ...-. .-.--55+00...... ..... >1I mum w . F4, am REFERENCE IRRIGATION LEGEND ® SLEEVES. SCHEDULE AD Pn; EXISTING ROADWAY SLEEVES: SCHEDULE 40 PJC AIAN.U.1 PIPE E-11C IRRICAnOv M OLINE TO REMAIN LATERAL PIPE TO SPRINKLERS (LATERAL PIPE TO POINT —SOURCE EMITTERS SUPPLY HEATER TO 11ITIC TREE RINGS UIERAL PPE HEADER TO TREE BUBBLERS' CUSS 21 WC NTH UNLESS OTHERwSE NOTED NLNE DRIP FUND ASSEMBLY. NETAFIM TLCYA-12 UNC... ECTEO PIPE 1154N1 PDNT 0r CONIECTDN ASSEMB.r O WATER METER AND CURB STOP ASSEMBLY R BACKFLOw PREVENTON ASSEMBLY: FEBCO 025-YA N SOLAOCN GATE VAL ASSEMBLY R WICK COUPIIVG vALK ASSEMBLY !� REMOTE CON TAX VALVE ASSEMBLY FOR SPRINKLER LATERALS RAINEIRD PEN (SIZED PER PLAY) ® REMOTE CONTROL vALVE ASSEMBLY FOR DRIP: FNNBIRD XCZ-IDO-B-COM ®'L FLUSH GP ASSEMBLY NCACATES CONTROLLER AND STATON NUMRER (X.EXSTwG ®I� COATROLLER PER OWNER) A IMOCA ES LATERAL DISCHARCE (GPM) NDICATES — SIZE (INCHES) INDICATES SPRINKLER RSER POP-UP THSHT (A -Iry H UxSS 011NOTED) (A: IRRIGATION CONTROLLERI UN • POP-UP SPRAY SPRINKLER: R IN BIRD IBOa-54M-PRS W/B + •POP-UP SPRAY SPRINNLCP: Pun BIRO (BOA-SAu-PPS W/10 • PoP-UP SPRAY SPRIxxLER. v BIRO 11 -SAM-PRS w/12 • PoP UP SPRAY EPRNKLER; RAN BIRO (BOA-Su,-PRS w/15 Po • P-UP SPRAYN BIRD 180A-SAM-PRS w/15S5 w BUBBLER ASSEMBLY RNNBIRD RA SERIES Iry ROCTNOTERIND SYSTEM • REFER TO SHEET 15 FOR FULL PRIGAPON LEGEND W... �. .; IANfSIRRIGATIONCONSILTAM ,, AVM 9. r ��� FRONTRANGE OIT—TTFRONT RANGE COMMUNNITpcatE BDµ COMMUN ITY COLLEGE RSO"El.(SCOTT MCKELVEvl AT 2aa2s5 FOR FURTHER '1 UPGRADED • CONTROLLER nmwAAnon � ry \ t rz � ,, � K1109IYBILs1Y DCISW. STATION 50+84.84 TO 59+00 \ _ `A E NORTHCalluetaeyouu� 0 0 60J 30 � DATE: DESIGNED BY. DRAWN BY. APPROVED BY, SHEET 16030akdd5e DNrt a HARMONY & SHIELDS 12 o b FaMCo ,.Coe0525 CITY OF FORT COLLINS, COLORADO Fort�ollins L>neu, cD.�nk D., A—(970)ZD.75D sc.'a, N wTe ML CHECKED BY: DATs:o DB LANDSCAPE & IRRIGATION IMPROVEMENTS I T,.(... I 22B.1en ENGINEERING DIVISION '1�/"�- M r• rc w • C THE WOODLANDS FILING 5 < Y y� ...� ...... ..: T 59+00............. .... .... ...__.......60+00 ..... ..61.00. .. IIW'el7 .... .... 63+00............. ..... .... ............-63+00 --... .... ___................. 64+00. ............._____ __. ... 65+00 HARMONYROAD I �" Y F Y1 �.�L�,�'nC ..i � ,�5�,7>,x��� . YY,I•' l Si V 11 ) .." . Vlp�µipJ{l .. , L7i �4,�4� I• /i ' i FRONTRANGE- FRONT RANGE COMMUNITY COLLEGE i "�" S 7 ,:; w CO NT'COLLEGE sTAT1oN 59+00 TO 65+00 N THEW OLANDS FILING 5 �rmW REArroxmur�xrs, K 4V .-1MnDn 1601 Oa4NdK Drlae GIYM "LP FH _.. RncRmA.meDsss CITY OF FORT COLLINS, COLORADO [ColUnS GnpMc DnI(�n p6 (970)111.7577 D.1971N_1811 ENGINEERING DIVISION �. ISALE: oATE: aECxEP BY: 5 �30' 05.OI.09 LP O"O DI.O9 ll� �w oil ..1� Z1 ,I _ ■ REFERENCE IRRIGATION LEGEND Q� SLEEVES SGNE-E 10 NO .. .z EXISTING RO AT SLEEVES: SCHEDULE 10 PVC uxxUNE PIPE EXISTING IRRIGATION MUNIINE TO —AN — UIER4 RPE i0 1PRNX1E11 U RPL PIPE TO PONE -SOURCE EMITTERS SUPRY HEADER TO RLNE TREE RxGS UTERK RPE HEADER TO TREE BUBBLERS' CLASS NO EVE 1 NCN UNLESS OTHERUSE NOTED ',(, NLNE DRIP RING ASSEMBLI ENETAu 1LCv"-19 j-I-X UNCONNECTED PPE CROSSING PONT OXC..ECDat. ASINDLY OO "TER uETER AND CURB STOP ASSEMBLY Z B 11- PREV '. ASSEMBLY: FEBCO US— N S—" -1 vALV£ ASSEMBLY A _X COUPIING v4VE 45Yu01v �i REMOTE CONTR0. -A ASSEMBLY FOR SRRN0.ER UTERµS RxxBIRD RB I.- PER RAx) - ® PEUOTE CONTROL v ASSEMBLY FOR D RUNBIRD ICI-IDO-S-COM <D`1 FLUSH GAP ASSEMBLY .—TES CONSROL.R .1 S1... ..EER (!.EXISTING OGN— ER PER —RI wOURS LATE- OS<.— (GPM) 1 INOUTES -NE LIE (INCHES) POICATES SPRNXLEN RISER POP-UP HEIGHT (A -INCH UNIESS OMERx6E NOTED) O IR ION CONTROLLER UNIT _Up SARI SPY SPRNxLER: RUN BIRO 1BOR-SAu-PRS x/B uP SPRAY SPBRALER: PUN BIRO 1BOA_SAU_pR5 x/10 • POP-UP SPRAY SPRIIRNLER: PNN BIRD 180"-SAu-PRS x/13 • POP-UP SPRAY SPRRIx1ER; RUN BIRO IOOA-SU/-PRS x/15 • POP-Up SPRAY SRUNKLER: Rux M 1ROA-Sw-RRS x/ISSS • BUBBLER ASSEMBLY RUNORD 1401 SERIES IN ROD—TE SYST(u KnoCagbef lym � ow D � � CaObetae pooalg. NORTH -ALE: I w HARMONY & SHIELDS 13 LANDSCAPE & IRRIGATION IMPROVEMENTS i 7 1 s5i I� it 1, WED 1 u v o d ` , r W K �1 1 � I r Y. Iva a FR j i I ~ '. t, x a {.-E 'r.yi + w � ,1 ✓.Q I F: 11 P. D t t I T. { .8._ y A O I I ;; RR E i� .�-1- SR 't J- 81 ., J i' N «,i !r LrsLEEVE t MATCHUNE STATION 43+00 TO 48+00 STATION 48+00 TO 53+00 I J REFERENCE IRRIGATION LEGEND Q� SLECVES'. SCHEME 40 M EMS1xG ROAD— SLE-S. SCREWLE e0 PVC NLNE PIPS —K RR - uuNL NE TO K.A. LATERAL RPE TO SPPNRUERS LATERAL PIPE TO PoN1 SOIPCC EVTTERS SUPPLY HEADER TO INURE TREE RIC5 LATE- PIPE HEATER 10 -1 BUBBI[RS CLASS 100 avt INCH UNLESS TTHERNSE NOTEO NL NE TRIP 111 ♦SSE111 N1111 1UCUA-,1 UNCONNECTED PRE CROSSING POIP OF COFnN[C10N ASSEMBUY Q "TER xEFER AND CURB STOP ASSEUBLY Z' SACK— PPEVENP. ASSExBtY- FCBCO E15-vA H ISCIA N GATE v4u£ ASSEUBLY o ONKx COUPL NL vALK /55[uBLv !i REUOTE CONIR0. VALVE ASSEUBLv FOR SPRunLCP LAICFALS RYN9RD PEB (11.0 PER P—) ® REuOTE C—AEL VALVE ASSEMBLY FOP DRIP: PAINBIRD rC1-100-9-COx OIL, !LUSH CAP ASSEUBLY --S COn1POLL£P 11 sLWN RUISER 11,1111INI ®�—C.TROLLEa PER —ER) A w01WR5 LATERAL OSCHARLC (W) IwOWITS — — E—ES) wDWRS SINNNLER RISER POP-UP HE,C<a �(<-FKH —E55 O1HE.. NOTE.) A: P,LA'. COx1RDLLER Unn POP SPRAY SPPw:FLER Nx Bw0 --PPS w/B • POP UP SPRAY SP LET, LAN BRN - .• -womNPMncu,eW -RPRRSs "01s wm«//,5 BERSw RRAFF .. ,.-s.x N s KNBIRO RT SERIES IN ROOTRATERFK SSTEu •• KIER TO SHEET 15 FOR -1 IFRWOW LELENO Mg RRIGA 17ON CONSULTAUS, K • 30 1 S 0 30 60 ' �•• <wmxx scaLE I - 30 / mb NORTH «, < FeaBODF, off a1 w D 0B nH HARMONY &SHIELDS l4 BNT a PncPBmR.coeosss CITY OF FORT COLLINS, COLORADO ortCo�lUns a n—ol b MNe 1B1011v-1511 �F SCALE: xl 0A E: xl GREENED eY: IwTE: LANDSCAPE & IRRIGATION IMPROVEMENT$ I _ h, EBlol m.len ENGINEERING DIVISION - Y� ,.,10 DS xLP ETIDIDD (.. WAKEROBIN ( , RV'SLE_=�. 1 ax ?38 i STATION 53+00 TO 58+00 IRRIGATION LEGEND 0-72 SEEEVES: SCHEDULE 10 PVC '%✓i! 01SONG RIWFWAY SLECVES: SCHEDULE AO PVC — MNNLwE PIR: BASS 200 v.0 125-INCH SIZE UNDESS OIMRWSE IxpC TEB — CKIS1wG WN- OW MNMUM TO RENNN UtI-RCH SIZE 10 SPRINKLERS: CLASS XCI D (�� - I SITE UxL[55 OTMPIS[ IxpGNED EJ U LATERAL FMI RNE TO ANT_SDAWCL ETTERS'. UV NDMTON RESISTANT TWriIEHYIExE 3/A- SIZE. ROU LNG 11 ON,MMMA G L(� I SUNRY MASER NO ALINE TREE RINGS: ERST RATED FOLYETHYLHE 3/.-NCI SIZE, FWIING S OAGRANMATIC LATER NCRM M*11 To TREE RUBBERS: CUSS 11 IND -I K uMC53 OHERISE NOTE. I"1 HUME TRIP RING ASSEMBLY: NETNIM TLNI-12 UNCONNECTED PINE CROSSING � POINT-GF-COxN[[tlOx ASS[MBLv p WATER METER AND CURB STOP ASSEMBLY IS BACKFLOW PREVENTION ASSEMBLY: FEKO 825-11 N ISOLA110N GATE VALVE ASSEMBLY R DUCK COUTT NG VALVE ASSEMBLY �i REMOTE CONTROL VALVE ASSEMBLY FOR SPRINKLER LATERALS RAINBIRD PER (SIZED PER PLAN) ® REMOTE CGMTROL VALVE ASSEMBLY FUN DRIP: RAINSIPB XCZ-100-B-COY ®'L. FLJsx CAP ASSEMBLY INpCNES 'O`= LlER XND —CM NUMBER(X•EXISNNG A� COniROLLCR PCR OWNER) W INgCn1E5 LATERAL DSCHARGE (GPM) INOICNES VALVE SIZE (xCIES) INMATES SPRINKLER RISER POv UP NCIGNI (A INCH UNTIES OTHERWISE MCIE0) III Nx RRI ATI CMNOILR NO COxTRBIEN A RAII.EIN) [SRIB 6 SNA USE COxiRBIEp 8 XpyCONSERVE C 2B' E STA USED CONipgLEp C: RARTBRD ESPIkI1 10 SNA, USED CONiNp D. NNASI[R EALiE RME.]OEC: 1O III USED . POP UP SPF.Y SRWM4ER RAw .. TWA SANE PIES III SERIES NOZZLE PRESSARE. 30 PS XDU FEET ROW RI O 0.26 ..... F-105 - W TqP UP SPRAY SPRINGER NAA, BRD IEOA SAW RS 1/10 SEINES NOZZLE PRESSURE: 30 PSI —S: 10 FEET FLOW ((PM): 0-0.39 H-OR9 E-1 52 X A POP-UP SRAM SPRINKLER: RI N 8RD IEDA-SUA-PRS W/IZ NOZZLE PRESSURE: 3O PSI A01US: 12 FEET SERIES ROw (GR): 0-0.65 H-I.SO 1-2.E0 . POP-UP 5 SPRNKIER: RNX UN BIRD IEDA-S-FIRS W/15 SERIES NOZZLE PRESSURE: 30 PSI NEXT : S FEET ROW (GPM): 0-093 H_I95 F-370 • PoUP SPRAY SPRINKLER: BSANE IRD LBO. --PPS ,p SERIES NOZZLE PRESSURE: 30 PSI PATTERN: A X 15 FEET ROW (GPM): RCS-0.49 LCS-0..9 SST- 1,21 IF BUBBLER ASSEMBLY RMNBND 1401 SERIES IN ROGNIAT[RING SYSTEM 'BE— 30 PSI FLOW: 0.15 GPM I CONTRACT NOTE: CAOHertRKTOR SHALL HAND ED B ANY O Ex6NNG L NOT EO AREA ED IMMEDIATE B✓ CONSTPLEION, TO THAT LANDSCAPE wniERORDEOu'RE"ENTSIFARR CCA �101. 0 wSURE INSTALLATION GENERAL NOTES CONSTRUCTION NOTES PRIVATE t TIE SYSTEM DESIXI ASSUMES A MNNVI OYNAu1C HE IRRIGATION CONTRACTOR IS aESv R THE PRESSURE FORE 1RFCANCN SYSTEM 0 61 PSI. AT A NSTALLAIOI OFIRRIGATION SLEEVTIE w'x H1. MEGIu MUM DISCHARGE OF I PM AT EACH FO J5-INCH SLEEVESAAGE REOUIRED FOR BOTH IPI AND ELECTRICAL NO IN OF-COIIECTIOI. A A MIN PRESSURE DF GN N I G T EACH IAGOSCAPE TROSSINC�RCOORDINATE SITE PROR HLCO1—C)NOERIFY P RE AND FLOW O INSTALLAION OF SLEE`nNG WON OTHER TRIBES, 8, INSTALL ALL ELECTRICAL POWER i0 TIE IRRIGATION CONTROL 2. READ TIONCRIC _Y AND BECOME FAMILIAR ANN TIE n STEM IN ACCORDANCE WITH TIE NATIONAL EEEOGOTRIC CODE SPECIFC ... All N`TALLATION DETAILS FOR THIS AND ALL APPLICABLE LOCAL ELECTRIC UTILITY ES [LATR WORK PRI R 0 CONSTRUCTON. g THE FOLLOWING SNOULO BE NOTED REGARDNG PIPE 5I ZINC 3, COORDINATE UTILITY LOCATES ("CALL BEFORE YOU DIG') OF A SECTION OF IS PIPE IS BETWEEN H UNDERGROUNDUTILITIESPRIN1 THEOR 10 CONSTRLINE)" OENNCALLY SIZED SECTIONS. THE UNSIZED HIRE IS THE SNXE • GOTSYSTEM HOTI N. ITDISwOB'VIOUS IN THE FTION IELD FIELD TH THE IRRIGATION 10 NOMINAL LZE AS TIE Two SIZED SECTIONS. TIE UNSIZED RUCTIONS OR GRaBE DIFFERENCES EXIST THAT MIGHT PINE SHOULD N MUSED ITH THE DEFAULT PIPE HOTNHAVE BEEN COrvS0ERED 1n THE ENGINEERING IF SIZE NpT[0 1I NOR IEG�rvp. DISCREPANCIES w CONSTRUCTION GET AIeSI, NLEGEND, NOTES, OR SPECIFICATIONS ARE DISCOVERED, ALL SUCH 1 IISIALL Two (2) /IA AID CONTROL WINES FROM OIS OR DISCREPANCIES IT THE ATTENTION OF CONTROLLER LOCATION 10 GEO END OM F N LINE THE OWNER'S MPRESENTAIVE. FOR USE AS SPARES INCASE OF CONTROL IRE FNLURE. U COL FEET OF IRE IN 1ILVE 801 S THE FOLLOWNG"SHOULD BE NOTED.AGE TO THEREFORE THE IZ RADWAY SLEEVES WERE INSTALLED WFNG ROAO M—ATENTS K f ALTHOUGH RRICAi ON COMPONENTS MAY BE SHOWN WiSDE PLXNi NG AREAS FOR CILAFFINY. INSTALL IR ICALOI PPE AND TRIG N LANDSCAPED AREAS wwINEVER POSSIBLE, PVxSETAXE pPRELOG ATOIS AS SHOWN ON OSCARE CEO ENCE ONR RGATION EOUPMCIT LOCATIONS. SYSARIDCONFLICTS CONCCTS BETWEEN THE IRRIGATION TEM, PLAN MATERIALS ANCHINECTUFAL FEATURES. C. USE ONLY STAxpARD TEES AND ELBOW N1T1vGS. USE OF CPO55 iTR FINTINGS 6 NOT ALLOWED. 6 OVIDE TIE FOLLOING COMPONENTS NO LIE OWNER PRIOR TO TIE COMPLETION OF THE PRGJEGT� wp ((2) UOv RATEDP NG KEYS FOR EKH TYPE OF v VALVES. CONSTRUCTION NOTES PUBLIC OTHE DOXVRILNRLA•WID DFS THE1 PONT -OF IRRIGATION WATER "RNUANDON EIERHALL BE et' H OTHERS. AT E M MANE LOCANON SHOWN, ITSTALLEeACK LOW RFN V NON UNIT 15 INDICATED. VERIFY EXACT LOCATION OF POC WITH OWNER'S REPRESENTATIVE. O PEDE50TAL MOUNT THE IRRIGATION CONTROLLER AT THE Me E LOCATIONS N ORDINATE ELECTRICnI POWER CONTROLLER WITH aNE 0 RRRESENIATIVE. APE SHOULD BE TAKEN NO INSTALL HE IRRIG41ON CONTROLLER IN 'GREENEDLIIATNI"FNOMI VIEW EITHER 11 R BEHIND ENTRY "W-S, NEXT TO BUILDINGS. OR BEHIND PLANT MATERIAL. FINAL LOCATION TO BE APPROVED BY OWNER'S REPRESENTATIVE. ORR1CAnoI SHOWN OUT OF UU NDWPED AREA FOR CLARITI. INSTALL IRRIGA ION COMPONENT PONENi HN LAN SCFOED APEA. IdMG ORRIO21 RONCOI LTAINTS, X ANN O RaIGAT10. M CONTRiNETAT i EA"NNRO1I1ATEeLOCEXISTING SHOWN, INSTALL NEW NVALVE AND ROUTE NEW LATERAL LINEAS INDICATED, A BATTERY OPERATED CONTROL MODULE SHALL BE UTILIZED FOR THIS VALVE SCE IRFIGAitON OCTAL /5 FOR CONTROLLER MODEL NUMBER. BO EXISTING 0.25-NCH IRRIGATION TAP IS CURRENTLY LOCATED APPFTALL OUNAiTEELLYYI tOW SOUTH OF HARMONY INTERSECTION TAP SBE ry ED A IE WATER LINEPER DISTRICT SPECIFICATIONS AN FEOVIREMEITS. THE RELOCATED RRIGATION SYSTEM POINT -OF oSCOINECNON (POE) SMALL BE AT THE EINSTALL IRRIGATION N SHOWN. METER. AN DBACXFLDW REVENTON UNIT AS INDICATED. VERFY EXACT LOCAl10N OF POD WITH OWNER'S REPRESENTATIVE. AH INSTALL TAP D METER PER DISTRICT CODES. CONTACT JAY EAST AT 226-310. TO COORDINATE RELOCATION. © NNGATIOn CONTRACTORS FIELD LOCATE EXISTING DI ON LINE A THIS Avv OXNAIE LOCATION, MAKE NEW -ANLI1E C N1(SIZE AS SHOWN) ANDNSIAL NEW VNVES wIREE1N01CIp. ROUTE NW MNNLINE AND LATERAL CS AS INDICATED CONTROL OR NEW VALVES SHALL BE SERVEDI FROM EXISTING PRIVATE CONTROLLER. CONTRACTOR 5NALL EST IRE EONi nU iY p10R NO CONSTRUCTION. COORNNetE I H ENRAL CONTRACTOR AS IECESSARY Pelt N AL ATIO i Op PEDESTAL MOUNT THE RRWNDN CONTROLLER AT HE AVPROx MATE LOCATON SHOWN, COOR UNATI ELECTRCAL POWER TO THE CONTROLLER MUI TH E TIE UN S REPRESENTATIVE. CAPE SHOULD BE 1NXEN ICI INSTALL THE P1AINTEN MAINTENANCE. ANDER N LOCATION THAT IE KITHER E FOR M [rvN— PLANT SCREENED IS AL L"OCAi Ox"IND ENTRY O BE APPROVED BS. p BEH NO OWNEP'5 RfPRESENTATVE. i OE COUNT TOR SHALL FIELD LOCATE EXSi NG MNNLIE AT TIE APPROXIMATE LOCATION µHOAR. COx1NEC1 xMINE NE POLITE AS ED, MALL NEW WIRES FROM UPGRADEDCOND NBCAT iROLLEN I H MANL E OF CONTRACTOR SMALL FIELD LOCATE EA.NNG IRRIGATION CONTROLLER AND IRES AT HE AFPNNMATE LOCATION SHOWN. REMOTE EXISTING CONTROLLER AND INSTALL UPGRADED CON ROLLER PER LEEGEME. INSTALAOCUTI AL WINES AND CA ROUTE AS 1NOIT[ ON LAMS C DIIANDN N FNC MN ENANCE STAFF. © GOHRACTHTOOp HALL FIELD LOCATE EXSNNG IRRICATION MNNLIE AT E ROXIMATE LOCATION SHOWN. INSTALL NEW REMOTE CONTROL VALVE ASSEMBLY AS INOCAIED AND PER OETNLS. UNIT LIZE NEW CONTROL IRES ROUTED NEXT TO EXISTING MNxuNE. " IS 0 xALE.I ��l � Capeetae�E[my SO,J NORTH I� La•a,vRMKXu< 1601 (hk MX7V^ wvvlUVLv UY. __ SHEET PO,. TTR22 s CITY OF FORT COLLINS, COLORADO G^° "" 'N HARMONY &SHIELDS 15 O„yX, —DRINK, INwxRp20)22}25n iCollln$ SCALE: MLP DAME: CHECKED BY: DATE: M,(92o)2x}1E22 ENGINEERING DIVISION r 30' OSOl.o9 M as.OF B LANDSCAPE & IRRIGATION IMPROVEMENTS D 17 N [� IPOANSOA SBBC- - i/ APIXLO wro oM1ONs[m[��RR. IINTSH GRADE rwx caxPDxE nT ON'. vALLE BOx RIiH COKP: ARutP NNITH GRAND Lo'xIM vavL 'a' Nd IKAa L[xt as rR[. COLm IT a }) P. Iroue SPARP LID ADRPFR xw RK OR 1-I/.-Kn rm I caltR -Mx -IAT — 0 a }I nxsH tRAa A- SS"P[WIRCO}0° pp' RE.—pUKN _ Or 3/.-IKH sH iu>x ti PTH E nmSN LRARE CWRNO v4K: RNx BIRD SIRE SINNLESS STEEL HOSE —1 IT a 2) Iv2lo� Bra 1 o 1TIP sl m5N Wlf/IDD OF uap B mB s —P TNw [x¢OSart 1(Ad [I [—BP,cx (I OF n F r.rnr am.om s,AxE ��- J-IKx aPM a)/A-KH w45H[0 GRAKL 31 � I�BpCN II a 2) ra vuRs) x eNA u w �I'j--, u+RaN AOAnRR - sa o`EreDwLiCOm°"AR[°OPERA HIT. ivy mL SCN W ARRTC rmPL[. Il[xcrx L ASCD W. LI 1 S 05 JdxT: �9nL� II a �) xm[s. x mww Fwu xc,m OR ALL BC+ILOMC[ N x*Ix }. M VS [MRCAOS.TMx-� )STC x0. A R[BAR P.L uuxllK pR SON SOvK IT As PCONTEDI uwLM p,�DC4f[vE5 imap m1M Iqx LOa RCw5'4"l ulmC 0 SE�PF A NL FLED ANTS BHALL Ia cONnwWS Axp CPamO _N, 1 BACKFLOW PREVENTER ONR l LNE SIZE. 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GRAOE/IOP OF uLLCI OuvPESSGn m GROSS- • C P-__________xGLOOP PTH a 3/x-INCHxDRIP L IRRIGATION TUBING/A-RKx aDP LATERAL pFENOTE:{Q�${� f,�(� �ML �DID,&Tl k` ,jVl,ELEAREA. RE RE—E5 IO v4 OR N RE. NOTE: ..-SS. EL I. IOOv YMf GN pN NISI. INGBE v.q IiOx FOR EA"... GLISa OF Box I o 1 DRIP INDICATOR .A. OLD-1. n FLUSH UNIT ASSEMBLY ®MERR/GAi0NCWLI iAA74 GNP ASSEMBLY (POINT SOURCE ONLY) R[w40x5: DATE: L,xN><,aN=DN — 10So` dg 0" G RP, 70T2oeo PI,aMIB)0122Y>52} ax (B2on23.1e22 u CITY OF FORT COLLINS, COLORADO Fwo tCollins ENGINEERING DIVISION '��_/'�� DESGNED Br_ DR1wN Br: AvvaOtSD Br: N NIP nH SCALE: La 04TE: CNECNCO BY: D<TE: os oToe N D).ol.aR LANDSCAPE SHEET HARMONY & SHIELDS 16 &IRRIGATION IMPROVEMENTS i � 1,0 NBUBBLERE ASSEUBtY v4LE BOK mix DEMER: ,RUOR IS-, ROOT WATERING SYSTEM: p BIRD 36' Cuvu151ER POLVEixttfNE HEADER TEE UUNIS FINIS. GRADC/TOP OF MULCH 1. 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TSuOUM SECURELYTO IT' LABEL CONTROLLER mix NIGH N YL L LOITERING. (LABEL PER vLAN) CONTROLLER. 40V4 CONSEpK PER LEGEND v� 1 18' x 18' CONCRER FWNxG FOR unaMUA 10 FI. L PEDESTAL ASSEMmr, OUIC 12W AL Liu.' MCA M IO R, OS x1uU NEC4 ,, VTR SUPPLr mRES x 60i NOTES. E CTRCAL POwIR, COMNON AND CONTRA 1, SNECP EEL ES TxHWGx COxWrt M 5HOm1 1.5' SIZE P.0 SmEP ELL .1 RARE COwEq Cp0ux0iNC mF[ IN 1.5. LIE 14 LONOUO 1 4L ELECTRICAL WORK MUST CONFORM LD LOC4 CODES, DEFER fiwfi TREATED PEDw000 P051 - - 1 :,` Z III III nx15x cFAOE MULCN BED EIm51 GFnpC M.2 FOOPABDOIONA_ INSTALEF—RUTiGN REOUIREMENTS. Mrz , SURGELPRO�ECTION ROD AT LEAST a FROM COMROSLDLligOR TILIZE "AIDE ELECTRIC 'ONE-SHOT' WELDING K NUMBER �—CWIRDL TOKS 10 ELECiRiUL VALKS FFR Wmk CONTROL mpES 10 _ C BS p4�3 E ELL EINISK GRACE 1BZOOJI. ONE , (1) DRP EMITTER FROM NEAREST DRIP vPLVE IN —E / BAM CDPP[R GRUMOnG mM t0 BRONZE LUMP CORM` CLM CRIxONG ROD (5/8- x 8') v t ELECTRIC PMi mJMBR IBZWR. COPPER Gq.— IRE TO BFLNEE CLAPP. COwta CLAD GROUND ROD (5/8. 11 8')-1 .OHS: ARSE ELECTEC PART RURABER 1820ST SNREALL COWS. BOX NL I BOXOUS nC GROUNDING ROD — CONT mRES TO ELECTRICAL G R D ARXOfiORATED TUFF Z. MPRO GRWTO COp SIALL N1 AREA R TTE1PREAID NRE MU 5 n0i IN CLOSE EGApMOY TO COMFOLI G IM14L CNE (I) DRIP EMRIFR fRWI NEAMSI ORP v4vE Ix V41E O F5 FAgxpxG R 0. /6 BME COPPER GROUNDNG mM TO BRONNCZE CLAMP pp OPnI,Gf ELC � PIC �"MdNFO�UIRM9Ea(5�300R.8 ) PEDESTAL MOUNT CITY WALL MOUNT CONTROLLER 18 PEDESTAL MOUNT"CONTROLLER CONTROLLER ASSEMBLY ASSEMBLY (FRCC) ASSEMBLY (RIDGE) x[. LATER4. LATE. RPE M k 2 _v mM SIIMxG m r Nx. GRD.I �CMC. AM ' Z t.SLEM ALL RPE AW mM YPAwT LY 1 Z. AU.RM 10 BE THINK] PCR TARAT IUR[R'S SFECFAINONS Sx4tE- Lm9fEVED PLASTIC T . I PRE m TMxCN. PRWOE A MmuUM BE 7 DECARANCE TO SIDE BE TKIC" AND BEYAREx f ..Q,N I. ]. - 110-1 mmNG — BE IMT4LE➢ m rcORMAKE ANN LOCAL CCIX —FORM& TAM _ ANORBUNDLE 81-1 mM MR' 10 AND ROMBEF TOOAN SE Z0' LOOP ,T ALL CHCE$ BE GRIEFOR pTEDEGREES. ® [xGv,iCD wICEN1 ' PIKE _NG EIDOORO ! CONED MATERIAL SEEM SEEM TYPICAL TRENCHING ffiffs RNGAMNContiiANTS, K MAN �',. DETAIL Ra 601 O4 °"D"°` uFY� A ALP "" f:916N�S,�DATE! DISCNED BY: ORAKIN BY. APPROVED Bv: =. IF C—A,CCIM25 CITY OF FORT COLLINS, COLORADO tCollins GApIx DAAIR� PI,wN 19101211TSn SCALE: LP DATE: CRECKEO BY: DALE: a. roTO m.1.27 ENGINEERING DIVISION - DS OL09 M D5D1.09 LANDSCAPE SHEET HARMONY & SHIELDS 17 & IRRIGATION IMPROVEMENTS 17 No Text science, technology, and human activity and how they can affect the world. Looking at cultural and historical examples, visitors can learn what has worked positively and detrimentally; we can learn from our past. Many facilities have been designed and built "green", but few offer interactive insights to expose the knowledge and methods through which the public can learn. This Museum will provide an up-to-date exposition of practices and ideas to reveal the progress of sustainable design. Sustainable design offers long-term cost savings in building operations and maintenance, an opportunity for a superior visitor experience, and reinforces commitment to living conscientiously and reflecting values of the community. These are not competing interests, but goals that can be achieved simultaneously through a Museum that will: • enhance the visitor experience • teach principles and methods of sustainable design • be regionally relevant and benefit through win -win partnerships • harmonize with the natural landscape — the outdoor facility is a functional programming space for nature, environment, and other topics that are better set outside • provide higher quality lighting and less museum fatigue • consume less energy and use renewable energy • conserve materials and natural resources • enhance indoor and outdoor environmental quality, and • safeguard water To achieve this, sustainable design will require a fundamental shift in both design and construction. The shift will be enabled through integrated design to ensure fulfillment of the fundamental mission of the Center while using the facility infrastructure in a way to enhance the exposition of sustainable methods. Time taken in the early stages is required to save money and time in both the construction phase and persistent operational costs. The Center's philosophy, therefore, is to utilize integrated and sustainable design as levers for realizing a superior visitor experience with long-term cost savings. These are cost savings that can be reinvested into programming and the mission, rather than building operations and maintenance. To balance the short-term costs and risks of sustainable design with its long-term benefits, the Museum intends to: • Build a center that operates (90%) on state-of-the-art designs without being experimental, while showcasing newer technologies without the burden of high ongoing operating expenses • Utilize exemplary buildings as precedent, rather than reinventing previous work in sustainable design, • Share risk and rewards by collaborating with other benefactors of sustainable exposition such as the City of Fort Collins, State, and Federal agencies (i.e. NREL and Fish and Wildlife), CSU, CU and other universities, PSD, WELD and Thompson school districts, and businesses involved in sustainable design. • Use performance agreements, where appropriate, to further share the risks and rewards with contractors. • Make choices that enable and enhance the key mission of the Museum to provide visitors the highest level of visitation and education experience in heritage and science as related to our culture, region and community. • Provide a significant reduction in operation costs due to reduction in energy usage, better overall infrastructure utilization and less costly or involved maintenance of utilities and 10 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: CONTRACTOR BY: Signature Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address Telephone Email Date Rev 10/20/07 Section 00300 Page 3 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors Rev 10/20/07 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ 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 Construction Agreement for the construction of Fort Collins Project, 7039 Landscape and Irrigation Improvements at Harmony and Shields. NOW THEREFORE, (a) If said Bid shall be.rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and .agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. 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. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. Rev 10/20/07 Section 00400 Page 1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20 , 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• Address• By: Title: ATTEST: By: (SEAL) SURETY By: Title: (SEAL) Rev10/20/07 Section 00400 Page 2 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: 2. Permanent main office address: 3. When organized: 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7. General character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you? If so, where and why? 0 Have your ever defaulted on a contract? If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. Rev10/20/07 Section 00420 Page 1 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $ 16. Bank reference: 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General CONTRACTOR? If yes, in what city, county and state? class, license and numbers? 19. Do you anticipate subcontracting Work under Contract? If yes, what percent of total contract? and to whom? 20. Are any lawsuits pending against you or your firm at this time?_ IF yes, DETAIL Rev10/20/07 Section 00420 Page 2 What this 21. What are the limits of your public liability? DETAIL What company? 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 this day of , 20 Name of Bidder By: Title: State of County of being duly sworn deposes and says that he is of and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 20 Notary Public My commission expires Rev10/20/07 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 Section 00430 Page 1 7039 LANDSCAPE AND IRRIGATION IMPROVEMENTS AT HARMONY AND SHIELDS Bid Tab Addendum 1 Item # Item Description Quantity Unit Unit CostMCollins GENERAL REQUIREMENTS 1.01 Performance, Payment and Bid Bonds 1 Lump Sum Mobilization (permitting, tees, insurance, general conditions, etc.) 1 Lump Sum 1.03 Erosion Control (assumed to be existing as part of separate roadway contract) 1 Lump Sum By City1.04 Traffic Control and Flagging (by City of Fort Collins) 1 Lump Sum By CityL05 Mowing - Trimming (irrigated turf areas only) - Assume weekly basis 56 EA 4 06 42 b4 S 1.07 Weed Control - Assume every other week 28 EA $ 1.08 Spnnkler System - Spring Start up 2 EA $ 1.09 Sprinkler System - Winterization 2 EA $ SUBTOTAL LANDSCAPING 2.01 Soil Prep - Organic Soil Amendment 81 CY $ 2.02 Topsoil Import (sodded areas only, import topsoil not required in dryland seed areas), 4" deep 335 CY $ 2.03 Fine Grading (all areas) 117,460 SF $ 2.04 100% Turf Type Fescue Sod 26,910 SF $ 2.05 Type 1 Aggregate - (3 - 6" Cobble, 3" deep) 11,690 SF $ 2.06 Type 2 Aggregate - (Mix 70%- 1" to 2" Cobble and 30%- 3" to 6" Cobble), 3" deep 930 SF $ 2.07 Landscape Boulders -12 Ton 17 tons $ 2.08 Landscape Boulders - 1/4 Ton 9 tons $ 2.09 City of Fort Collins Recycled Wood Mulch - 3" deep (transport to site and install only) 10,430 s.f. 98 CY $ 2.10 Weed Barrier Fabnc (beneath Type 1 and Type 2 Aggregates only) 12.620 SF $ 2.11 Hot Wings Tatanan Maple - 2" cal. (Acer tataricum'Garann') 14 EA $ 2.12 Western Catalpa - 2" cal. (Catalpa speciosa) 5 EA $ 2.13 Skyline Honeylocust -2" cal. (Gleditsia triacanthos inennis'Skyline') 5 EA $ 2.14 Kentucky Coffetree - 2.5" cal. (Gymnocladus dioicus) 4 EA $ 2.15 Texas Red Oak - 2" cal. (Quercus buckleyi) 6 EA $ 2.16 Texas Red Oak - 2.5" cal. (Quercus buckleyi) 2 EA $ 2.17 Bur Oak - 2.5" cal. (Quercus macrocarpa) 5 EA $ 2.18 Chinkapin Oak - 2" cal. (Quercus muehlenbergi) 6 EA $ 2.19 English Oak - 2" cal. (Quercus robur) 8 EA $ 2.20 Accolade Elm - 2" cal. (Ulmus japonica x wilsoniana'Morton') 9 EA $ 2.21 Chanticleer Pear - 2" cal. (Pyres calleryana'Chanificleer) 24 EA $ 2.22 Thornless Cockspur Hawthorn - 2" cal. (Crataegus crusgalli inermis) 10 EA $ 2.23 Radient Crabapple - 2" cal. (Malus'Radient') 16 EA $ 224 Velvet Pillar Crabapple - 2" cal. (Malus'Velvet Pillar') 13 EA $ 2.25 Russian Sage - #5 cunt. (Perovskia atnplicifolia) 21 EA $ 226 Blue Mist Spirea - #5 coot. (Caryopteris x clandonensis'Blue Mist) 52 EA $ 2.27 Karl Foerster Feather Reed Grass - #5 cons. (Calamagrostis x acutifolia'Karl Foerster') 142 EA $ 2.28 Fountain Grass - #5 cunt. (Pennisetum alopecuroides) 123 EA $ 2.29 Apricot Daylily - #1 cont. (Hemerocallis'Ruffled Apricot') 123 EA $ 2.30 Dwarf Yellow Daylily - #1 cont. (Hemerocallis'Happy Returns') 23 Fir $ 2.31 Mixed Pastels Yarrow -#1cont- (Achlllea'Summer Pastels') 30 EA $ 2.32 Moonshine Yarrow -#1cont. (Achillea'Moonshine') 183 EA $ SUBTOTAL S SPRINKLER IRRIGATION 3.01 3/4-inch tap and meter I EA $ 3.02 Backflow Assembly - 3/4" 3 EA $ 3.03 Backflow Enclosure strong box SBBC-30AL 3 EA $ 3.04 Irrigation Controller - Rambird ESP-12LXM w/ Enclosure 2 EA 1 S 3.05 Irrigation Controller - A uaconserve ET- 12B w/ Enclosure 1 EA S 3.06 Irrigation Controller - Rainmaster Eagle RME30EG w/ Enclosure 1 EA $ 3.07 ' Irrigation System I LS 1$ SUBTOTAL S TOTAL s TOTAL IN WORDS SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: TO: PROJECT: 7039 Landscape and Irrigation Improvements at Harmony and Shields OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated , 20 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7039 Landscape and Irrigation Improvements at Harmony and Shields. The Price of your Agreement is 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 , 20 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. By: City of Fort Collins OWNER James B. O'Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of in the year of 20 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and (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 7039 Landscape and Irrigation Improvements at Harmony and Shields and is generally described in -Section 01100. ARTICLE 2. ENGINEER The Project has been designed by BHA Design, Inc., who 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 by October 2, 2009, 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 October 16, 2009. 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 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. Section 00520 Page 1 1) Substantial Completion: One Hundred Seventy Four Dollars ($174.00) for each calendar day or fraction thereof that expires after October 2, 2009 or Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, One Hundred Seventy Four Dollars ($174.00) for each calendar day or fraction thereof that expires after October 14th, 2009 for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($ ), $ Dollars, 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 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. Section 00520 Page 2 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% 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 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. Section 00520 Page 3 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: 7.2.1Certificate of Substantial Completion 7.2.2Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4Con3ent of Surety 7.2.5Application for Exemption Certificate 7.2.6Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: 1 Cover Sheet, Design Team Directory, Sheet Index — dated 05.01.09 2 Bid Tabulation — dated 05.01.09 3 Landscape Plan — dated 05.01.09 4 Landscape Plan — dated 05.01.09 5 Landscape Plan — dated 05.01.09 6 Landscape Plan — dated 05.01.09 7 Landscape Plan, Plant List — dated 05.01.09 8 Landscape Plan, Materials Legend — dated 05.01.09 9 Landscape Plan, Details, General Notes — dated 05.01.09 10 Irrigation Plan — dated 04.10.09 11 Irrigation Plan — dated 04.10.09 12 Irrigation Plan — dated 04.10.09 13 Irrigation Plan — dated 04.10.09 14 Irrigation Plan — dated 04.10.09 15 Irrigation Plan, Notes, Legends — dated 04.10.09 16 Irrigation Details — dated 04.10.09 17 Irrigation Details — dated 04.10.09 Section 00520 Page 4 The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers to , 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 OWNER: CITY OF FORT COLLINS CONTRACTOR: By: JAMES B. O'NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT Date: Attest: City Clerk By: Title: Date: (CORPORATE SEAL) Attest: Address for giving notices: Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 LICENSE NO.: Approved as to Form Assistant City Attorney Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: 7039 Landscape and Irrigation Improvements at Harmony and Shields To. 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 By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR: By: Title: Section 00530 Page 1 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 F6rt of Purchasing Financial Services Purchasing Division 215 N. Mason St. 2"' Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Landscape and Irrigation Improvements at Harmony and Shields BID NO. 7039 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS June 19th, 2009 — 3:00 P.M. (OUR CLOCK) SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred City of Fort Collins (Municipal Corporation sum of are held and firmly bound unto Fort Collins, Colorado 80522 a to as the "OWNER", in the penal 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, dated the _ day of , 20_, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7039 Landscape and Irrigation Improvements at Harmony and Shields. to as "the Surety", 300 Laporte Ave, hereinafter referred NOW, THEREFORE, if the Principal shall well, truly and faithfully 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 guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. Rev 10/20/07 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work 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 such 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 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 day of , 20 IN PRESENCE OF: Principal (Title) (Address) (Corporate Seal) IN PRESENCE OF: Other Partners By: By: IN PRESENCE OF: Surety By: By: (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement.. If CONTRACTOR is Partnership, all partners should execute Bond. Rev 10/20/07 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20_, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7039 Landscape and Irrigation Improvements at Harmony and Shields. 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 fo"r all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Rev 10/20/07 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work 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 such 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 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 day of , 20 . IN PRESENCE OF: Principal (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) By: (Title) (Address) Other Partners Surety By: By: (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Rev10/20/07 Section 00615 Page 2 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. Rev10/20/07 Section 00630 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7039 Landscape and Irrigation Improvements at Harmony and Shields PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City.of Fort Collins CONTRACTOR: CONTRACT DATE: 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. By: CONTRACTOR 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 REMARKS: Rev10/20/07 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: 20 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, 7039 Landscape and Irrigation Improvements at Harmony and Shields. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject Documents which are dated , 20 to the terms of the Contract 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: City of Fort Collins By: Title: ATTEST: Title. Rev10/20/07 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT:7039 Landscape and Irrigation Improvements at Harmony and Shields 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 CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) , 20 Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal. My Commission Expires: Notary Public Rev10/20/07 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 7039 Landscape and Irriqation Improvements at Harmonv and Shields 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) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. Rev10/20/07 Section 00660 Page 1 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 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 SECTION 00670 DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 232-2416 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 building materials 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. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, orcorporate 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: Colorado withholding tax account number. Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. 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 project site (give actual address when applicable and Cities and/or County (ies) where project 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 to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE Section 00670 Page 1 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 Contractor's 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 subcontractor's 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 contractor's 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 projects. 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. Section 00670 Page 2 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS Of THC CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, E1CDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through tent that has been deleted. EJCDC GENTRAL. CONDITIONS 1910-8 (1990 EDITION) WITH CITY Or FORT COLLINS MODIFICATIONS (REV 9/99) :article or Paragraph Number S Title TABLE OF CONTENTS OF GENERAL. CONDITIONS Page Article or Paragraph Number Number &: Titic DEFIDIITIONS.... _...._...................1 1.1 Addenda.............................................1 1.2 Agreement..........................................1 1.3 Application for Payment ......................1 L4 Asbestos.............................................1 L5Bid .....................................................1 1.6 Bidding Documents._.........................1. 1.7 Bidding Requirements ,,,,,,,,,,,,,,,,,,,,,,,,,,I 1.8 Bonds.................................................� 1.9 Change Order...._................................1 I.I(i Contract Documents ............................1_ 1.11 Contract Price.....................................I 1.12 Contract Times....................................1 1.13 CONIR.ACTOR................................ :.1 L14 clefzciive.............................................I 1,15 Drawings............................................1 1.16 Effective Date of the Agreement. 1 1.17 ENGINEER.......................................I 1.13 ENGINEER's Consultant ......................I 1.19 Field Order ......................................... 1 1.20 General Requirements .......................... 1:21 Hazardous Waste 1.22.a Laws and Regulations; Laws or Regulations ............................ 1.22.b Legal Holidays .................................... 1.23 Liens ................................................. 1.24 Milestone........_._ ............................... 125 Notice of Award 1.26 Notice to Proceed 2 1.27 OWNER ............................... I.n Partial Utilization ................................_ 1.29 PCBs .................................................. 1.30 Petroleum 2 1.31 Project ...... ....... ............................. - 1.32.a Radioactive Material ............................ 1.31b Regular Working Hours ....................... 2 1.33 Resident Project Representative.,,---------2 1.34 Samples .............. 2 1.35 Shop Drawings .... ...._....: 1.36 Specifications ..................................... 1.37 Subcontractor 2 1.38 Substantial Completion .......................2 1.'39 Supplementary Conditions .................. 1.40 Supplier ................... 2 1.41 Underground Facilities .....................?-3 1.42 Unit Price Work..................................3 1.43 Work..................................................3 1.44 Work Change Directive ............. I.......... 3 1.45 Written Amendment,, ............. ............ Page Number 2. PRELINdNARY NLkTTERS...,......._...................3 2.1 Delivery of Bonds ...... .......................3 12) Copies of Documcnts.......................3 2:3 Commencement ofContraet Times -,Notice to Proceed., ....... 3 2.4 Starting the Work„,,,,,,,,,,,,,,,,,,,,,,,,, 3 2.5-2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report-, Preliminary Schediles; Delivery of Certificates of Insurance ..................................3-4 2.8 Prcconstruction Conference 4 2:9 Initially Acceptable Schedules-, _.......4 3. CONTRACT DOCUMENTS: LATENT, AMENDING, REUSE............................................4 3.1-3.2 Intent...... - .................- .............4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain 'Terms or Adjectives... ...................... ............' 3.5 Amending Contract Docunents,........ 5 3.6 Supplementing Contract Documents ................................... 5 3.7 Reuse of Documents .........................; 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL. CONDITIONS: REFERENCE POINTS.........................................5 4.1 Availability of Lands ... .................. 5-6 4.2 Subsurface and Physical Conditions 6 4.2.1 Reports and Drawings„....................0 4.22 Limited Reliance by CONTRAC- TOR Authorized; Technical Data...........:................................ 6 4.2.3 Notice of DitTering Subsurface or Physical Condition�..................G 4. 2. FNI GNEER's Review 6 4.2.5 Possible Contract Documents Change.........................................6 4.2.6 Possible Price and Times Adjustments ....... .........................0i-7 4.3 Physical Conditions --Underground Facilities ............:.......................... 7 4.11 Shown or Indicated ..........................7 4.3.2 Not Shown or Indicated—, ....... 4.4 Reference Points, E1CDC GENERAL. CONDITIONS 1910 -31 0990 EDITION) w/ CTTY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or t'aragraph Page Article or Paragraph Page Number 3: Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or RadioactiveMaterial.................... 7-8 5, BONDS AND INSURANCE ............:.................... 8 5.1-5.2 Performance. Payment and Other Bonds.............................................. S 5.3 Licensed Sureties and Insurers;. Certificates of Insurance.. .... .............. 8 5.4 CON'TRACTOR'sLiahility Insurance............._............:...:......:...y 5.5 OWNER'S Liability Insurance...............9 5.6 Property Insurance._.......................9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance..................10 5:8 Notice of Cancellation Pro%ision10 5.9 CONTRACTOR'S Responsibility for Deductible Amounts Ill 5.10 Other Special Insurance ......................10 5.11 Waiver of Rights, ................ ....... 11 �.12-5. l3 Receipt and Application of Insurance Proceeds ..................... It)-1 I 3.14 Acceptance of Bonds and Tnsa- ance; Option to Replace..._..............11 5:15 Partial Utilization --Property Insurance .......::............:............:..... H ti. CON*rR.,%cTc)wsRFSPONSIBILIT1ES,,,,,,,,,,,,,,,I1 6,1-6.2 Supervision and Superintendence ....... 11 63-6.5 Labor, iViaterials and Equipment_. 11-12 6.6 Progress Schedule :.................. ........... 1 6.7 Substitutes and "Or -Equal" Items: CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER'S Evaluation ............. 12-13 6.8-6.I1 Concerning Subcontractors, Suppliers. and Others; Waiver of Rights... .................... _13-14 6.12 Patent Fees and Royalties 14 6.13 Permits........................_........._..._._14 6,14 ' Laws and Regulations .......................14 6,15 Taxes................._.........._...,........14-15 6.16 Use ofPremises................................ 15 6.17 Site Cleanliness ................................ 13 6.18 Sate Structural 6.19 Record Documents_.,_.-,_.--..-_.,..,.-..,_i 620 Safetvand Protection.-..,._.__,....... 15-16 6:21 Safety Representative ................ .:....... 16 6.22 Hazard Communication Programs...,., 16 6.23 Emergencies.....................................16 6.24 Shop.Drawingsand Samples..............16 625 Submittal Proceedures'. CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal 16 6.20 Shop Drawing S,- Sample Submit- tals Review by ENGINEER......16-17 6.27 Responsibility for Variations From Contract Documents ........... 17 6.28 Related Work Performed Prior to ENGINEFR's Review and Approval of Required Submittals 17 6.29 Continuing the Work.....................17 6.30 CONTRACTOR's General Warranty and Guarantee,;..-_...._.,17 6.31-6.33 Indemnification .........................l 7-18 6.34 Survival of Obligations...., .............. 18 7. OTI E,R WORK...............................:................,18 7.1-7.3 Related Work at Site18 7.4 Coordination- ............... ..._._......... 18 S. OWNER'S RESPONSIBILITIES............:............18 8.1 Communications to CON- TRACTOR ................................. IS S.2 Replacement of ENGINTER....... IS 8.3 Furnish Data andPay Promptly When Dttc..................................18 8.4 Lands and Easements; Reports and-1'csts..........- 18-19 8.5 Insurance ......:............ . ...................19 8.6 Change Ord;rs.............................. 19 8.7 Inspections, Tests and Approvals..........................I........19 8.8 Stop or Suspend Work; Terminate CONTRAC'I'OR's Services ..:................. _................ 19 8.9 Limitations on OWNER'S Responsibilities...,-., ..... .............19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material„_,,,19 8.11 Evidence of Financal Arrangements., .._...1....................19 9, ENGINEER'S STATUS DURING CONSTRUCTION ..............................- 19 9.1 OW'NER's Representative...19 9.2 Visits to Site. ............................. 19 9.3 project Representative, ..... ..... 19-21 9.4 Clarifications and Interpre- tations......................................... 21 9.5 Authorized Variations in %rk 21 EJCDC OLNERAL CONDITIONS 1910•8 (1990 EDMON?) wt CITY OF FORT COLLINS MODIFICATIONS tRFV 91991 Article or Paragraph Page Article or Iaragraph Page Number & Title Number Number S- Title Number 9:6 Rejecting Defective Work...............*...21 13.8-13.9 Uncovering Work at ENGI- 9.7-9.9 Shop Drawings, Change Orders NEER's Request ........... ........ ..27-28 and Payments,.. ............... ................. 1-1 13.10 OWNER \w1<ay Stop the Work ........... 28 9.10 Determinaticns for Unit Prices .... 21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes, F'NGI- Defective Work .....*................38 NEER as Initial Interpreter..............22 13.12 Correction Period ....,-...,,,,.,,,....__,:?8 9.13 Limitations on ENGMER's 13.13 Acceptance of Defective Work -.,.,.28 Authority and Responsibilities ..... 22--23 1114 OWNER May Correct Defective Work..................................... 2S"9 CHANGES IN THE WORK 23 10.1 OXVNFR's Ordered Change,,,,,,,,,,,,,,,, _3 14. PAYMENTSTO CONTRACTOR AND 10.2 Claim for Adjustment ......... ............... ?3 CONIPLETION....... ......... ,..............-__ .............. 9 10-3 Work\Tot Required by Contract 14.1 Schedule of Values:._,. 29 Documents,.....,,._...........................^-3 14.2 Application for Progress 10.4 Change Orders ................. _..._--- .--- ...23 Payment. _........_..._.._.....-- ..29 10.5 Notification of Surety _.....................23 14.3 CONTRACTOR's Warranty of Title ?9 CHANGE OF CONTRACT PRICE ...... _........... ........._23 14.4-14.7 Review of Applications for 11.1-11 3 Contract Price-, Claim for Progress Payments,,,,,,,,,,,,,,,,, 29-30 Adjustment: Value of 14.8-14 9 Substantial Completion,,,,,,,,,,,,,,,;, 30 the Work, ............. .................... 23-24 14.10 Partial Utilization_, ................... 30-31 11.4 Cost of the Work...........................23=25 14.11 Final Inspection.............................:31 11.5 Exclusions to Cost of the Work,........, 5 14.12 Final Application for Payment ........ 31 11.6 CONTRACTOR's Fee . ............. .......... 5 14.13-14.14 Final Payment and Acceptance ... __ 31 11.7 Cost Records_ ...................... ..... '56 14.15 Waiver of Claims .......... ............ 31-32 11.8 Cash Allowances............................... _... - 6 I L9 Unit Price Work................................26 15. SUSPENSION OF WORK AND T F.. RMIN AT ION ............................................... 32 CHANGE OF CONTRACT TIMES ,,,,,,,,,,,,,,,,,,,,,,,,,,,, -�6 15.1 OWNER Nftty Suspend Work ..... 32 12.1 Claim for Adjustment --------- ____, ... _ 26 15.2-15.4 OWNER May Terminate 32 12.2 Time of the Essence ... I ........... ........ _ 26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTORRs Work or Terminate... ............ 32-33 Control :........:........................... �6 ?� 12.4 Delays Beyond OWNF.R's and I& DISPUTE RESOLUTION .................................. 33 CONTRACTOR's Control ................. 27 17. MISCEL.L.ANF,,OUS 33 TESTS AND INSPECTIONS-, CORRECTION, 17.1 Giving Notice ............ ....... _.......... 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times :................. 33 DEFECTIVE WORK ..... .................. ........................ .... 7 17.3 Notice of Claim.............................33. 13.1 Notice of Defects...............................27 17A Cumulative Remedies, .................... 33 13.2 Access to the Work... ........ ................. =7 17.5 Professional Fees and Court 13.3 Tests and Inspections, Costs Included._._.... .................,_33 CONTRACTOR's Cooperation,..,,.,,. _7 17.6 Applicable State Laws,.......,.,._, 33-34 13.4 OWFIER's Responsibilities, Intentionally left blank, ........ ..........................._.35 Independent Testing Laboratory ......27 13.5 CONTRACTOR's F_XHIBIT GC -A: (Optional) Responsibilities..._........................_7 Dispute Resolution Agreement..................... GC -AI 13.6-13.7 Covering Work Prior toInspec- 16.1-16.6 Arbitration ... .................. _.,_.,.GC -Al tion. Testing or Approval ...... ........... 27 16.7 Mediation, .......... ;.... -..,.....,,_..GC-A1 Iv EJCDC GENERAL CONDITIONS 1910-3 (1990 MrnON) wl CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) INDEX TO GENERAL 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 -- Bonds and Insurance. .......................................... 5.14 defecrlve Work...... ......... ............ 10.4.1, 13.5, 1113 Final paymicnt.,,,,_..............._...._,........U.12 14.15 insurance......................................................... 5.14 other Work, by CONTRACTOR ......... ........... ,..... 7.3 Substitutes and "Or -Equal" Items .....................6.7.1 Work by O%NF..R.............................. 2.5, 6.30, 6.34 Access to the -- Lands, OWNER andCONfRACfOR responsibilities..............................................4. l site, related Work, .... , . ........................... ....... T! Work...........................................13:2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions-- CONTRACPOR........................„..__.,6.9.1, 9,13.3 ENGINEER. ....... .................. OWNER................................................... 6.20, 8.9 Addenda--defnttion of (also see definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurances ................................. 5.7 Adjustments -- Contract Price or Contract Times., ...... ...... 5 ' imes..............1.5: 3.5, 4.1. 4.3.2. 4.5.2. .................... 4.5.3, 9.4, 9.5, 10.2-1 0.4, _ .........................................11, 12, 14.8, 15.1 progress schedule,.................................I.... 6.6 Agreem ent-- definition of.......................................................1-2 "All -Risk" Insurance, policy for-R...........................'.6.2 Allowances, Cash .... ...............................................11.8 . Amending Contract Documents ................................ 3.5 Amendment, Written -- in general................1.10, 1.45; 3.5, 5.10, 5.12, 6.6.2 ...........................6.8.2, 6.19, 10. I, 10.4, 11.2 12.1, 13.12.2, 14. 72 Appeal, OWNER or CONTRACTOR intent to ..........................9.10, 9.1 I, 10.4, 16.2, 16.5 Application for Payment -- definition of......................................................1.3 F.NGINF.F.R's Responsibility ............................... 9.9 final payment,,,,,,,,,,,,,9.114, 9.13.5, 14.12-14.15 in general ......... ........_.......? S, 2.9, 5.6.4, 9.10, 15.5 progress payment. ......... ............................ 14,1-14.7 review of ................................................... 14.4-14.7 Arbitration ... ........ .........................................l6.1-16.6 Asbestos -- claims pursuant thereto_.,.,, ......................5.2, 4.5.3 CONTRACTOR authorized to stop Work,,,.,,.,,..4.5.2 definition oC................................... 1.A Article or Paragraph Number OWNER responsibility for ,,,,,, 3.5.1, 8.10 possible price and times change,,,,,,,,,,,,,,,,,,,,,,,,3.5.'_ Authorized Variations in Work:,,,,,,... 3.6, 6.25. 6.27. 9.5 Availability of Lands.. .... ..... _...,... ._...................4.1, 8.4 Award, Notice of--defined.......................................1,25 More Starting Construction— Bid --definition of ..................... .1.5 (1.1, 1.10, 23, 3.3, ........................ 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents -definition of ...... ................_.- ....... ..............1.6(6.8.2) Bidding Requirements --definition of......................I..................11.7 (1.1, 4.2.6.2) Bonds -- acceptance of, .......... ................ I ............... 14 additional bonds..................................10.5. 11.4.5.9 Cost of the Work.................:..„_,.,..„-„....„...,..11.5.4 definition of.......................................................1.8 delivery of....................................................2.1, 5.1 final Application for 2-14.14 general.......................................].10, 5.1-5.3, 5.13, 9.13, 10.5, 14.7.6 Performance, Payment and Other...................j.1-5.2 Bands and Insurance --in general ................................. Builder's risk "all-risk" policy form .........................5.6.2 Cancellation Provisions, Insurance__,-.__.5,4.11, 5.8, 5,15 Cash Allowances ..................................................... 11.8 Certificate of Substantial Completion ......... 1.38, 6.30.2.3, 14.8, 14.10 Certificates of Inspection ...................9.13.4, 13.5, 14.12 Certificates of Insurance, ----------- 2.7, 5.3, 5.4,11. 5.4.13, ----- ).6.5, 5.8, 5.14, 9,13.4, 14.12 Change in Contract Price-- Cash Allowances ....................... 11.8 claim for price adjustment.............4.1. 4.2.6, 4.5, 5.15, 6.8.2, 9.4 .................. R5, 9.11, 10.2, 1 1,5. 11.2, 13.9. ........................13.13, 13.14, 14. 7, 15 ,1, 15.5 CONTRACTOR's fee....:....................................11.6 Cost of the Work general....................... _... _.................. 11.4-1 1.7 Exclusions to..... 11.5 Cost Records ...................... .........................._ 11.7 in general .............. 1,19, 1.44, 9.11,.10.4.2, 10.4.3, 11 Lump Stun Pricing..........................................11.3.2 Notification of Surety, ......... ....... .......................10.5 Scope of .............. ......... ....................... ......10.3-10.4 Testing and Inspection, Uncovering the Work .... ........... ................... 13.9 EJCDC (JENER L CONDITIONS 1910-5 (1990 EDITION) wf CITY OF FORT COLLINS MODIFICATIONS (REV 9199') Unit Price Work 11.9 Article or Paragraph Number Valueof Mork..................................................11.3 Change in Contract Times -- Claim for times adjustment.......,4.1, 4.16, 4.5, 5.I5, ............ 6.8.2. 9.4. 9.5. 9. 11. 10,2. 10.5. 12.1. ,,,,,,,,,,,,,,,13.9, 13.13, 13,14, 14.7, 15.1, 15.5 Contractual time limits ...................................... 12? Delays bevond CONTRACTOR'S control........................................................12.3 Delays beyond OWNF.R's and CONI'RACTOR's control-----------------------------12.4 Notification of surety.. ............... ....................... I (). 5 Scope of change ........... ....................... I ..... 10.3-1 i t.4 Change Orders -- Acceptance of Defective Work... Amending Contract Documents .......................... i.5 Cash Allowances ............................................... 11.8 Change of Contract Price.....................................1 I Change of Contract Times.,,,....... I.......................12 Changes in the Work..........................................10 CONTR.AC:fOR's fee11.6 Cost of the Work.......................................11.4-11.7 Cost Records....................................................11.7 definition of.......................................................1.9 emergencies.....................................................6. 23 ENGINEERS responsibility ....... 9.8, 10.4, 11.2, 12.1 execution of......................................................10A Indemnifiction .........................0.12, 6.16, 6.31-6.33 Insurance; Bonds and ------- _... _..,_......5.10, 5.13, 10.5 OWNER may terminate ............................. 15.2-15.4 OW` ER's Responsibility..._........................$.6. 10.4 Physical Conditions - Subsurface and..............................................4.2 Underground Facilities-- ................•,•-........ .3.2 Record Documents 6.19 Scope of Chaneq.................. ..................... 10.3-10.4 Substitutes.............................................6.7.3, 6.8.2 Unit Price Work ............................................... 11.9 value of Work, covered by.. .............. ............... 11.3 Changes in the Work ..... .......... ......................... ......... 10 Notification of surety. .... ............ I ...... ............. 10.5 OWNER's and CONTR-ACTORS responsibilities.............................................10.4 Right to an adjustment, ..................................... 10.2 Scope of change ............. ........................... 10.3-10.4 Claims -- against CON-I'RACCOR................. ...................6.16 against ENGNEER.........................................6.32 against OWNER.................,.............................6 -i2 Change of Contract Price ...........................9.4, 11.2 Change of Contract Times ......................... 9.4, 12.1 CONTRACTOR's............. 4, 7.1, 9.4, 9.5, 9.1 I, 10.2. ...........................11.21 11.9, 12.1, 13.9, 14,8, 15.1. 15.5. 17.3 CONTRAuroWs Fee 11.6 Article or Paragraph Number CONTRACTOR's liability ,,,.,,,,.„5.4, 6,12, 6.16, 6.31 Cost of the Work............................_,_...__11.4, 11.5 Decisions on Disputes...............................9,1 I, 9,12 Dispute Resolution .... .............. .......................... 16.1 Dispute Resolution Agreement__, ..... ... 16.1-16.6 ENGINEER as initial interpretor,...... ........... ...9.11 Lump Sum Pricing... ........................ .............. 11.3.2 Noticeof ......................... ............. ............ .......... 1.7 3 OWNFWs................... 9.4, 9.5, 9.11, 10.2, 11.2, 11.9 ..................12.1, 13.9, 13.13. 13,14. 17.3 OWNER's liability ................ ...........:................... 5.5 OWNER may refuse to make payment ................14.7 Professional Fees and Court Costs Included....................... - ....._.-................1.7.5 request for formal decision on............................`L.11 Substitute Items 6.7.1.2 Time Extension 12.1 Time requirements....................................9.11, 12.1 Unit Price Work ............... .............................. 11.9.3 Value of ............................................................ 1.1.3 Waiver of --on Final Payment„...............14.14, 14.15 Work Change Directive ............................... ......JO? written notice required ......................9.11, 11.2, 12.1 Clarifications and Interpretations,,,,._,.,.,, 3.6.3, 9.4. 9.11 Clean Site ............................. ..... .............. G.17 Codes of Technical Society, Organization or Association..................................................3.3.3 Commencement of Contract Times --._........ ............... 13 Communications-- general..............................................6 2. 6.9.2. 8.1 Hazard Communication Programs,:.,...,__.- 6-22 Completion - Final Application for Payment .........................14.12 Final Inspection,__,_,...,,, _14.11 Final Payment and Acceptance ...... .......... 14.13-14.14 Partial Utilization............................................j4.10 Substantial Completion .......................1.38, 14.8-14.9 Waiver of Claims............................................14.15 Computation of Times ....................... .....17.11-17.2.2 _ Concerning Subcontractors, Suppliers and Others ........................... ...................... 6.8-6.11 Conferences -- initially acceptable schedule% ................... ........... 2.9 preconst ruction...................................................2:8 Conflict, Error, .Ambiguity, Discrepancy -- CONTRACTOR to Report ................ ...--..... 2.5, 13.2 Construction, before starting by CONTRAC'1'OR..........._..................... ....... ...? 5-2.7 Construction vlachinery, Equipment, etc, ................. 6.4 Continuing the Work......................................6.29, 10.4 Contract Documents-- Amending..........................................................3.5 Bonds..............................................................5.1 EJCDC. GENERAL CONDITIONS 1910-8 (1990 t:DCrION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) SECTION 00020 INVITATION TO BID Rev 10/20/07 Cash Allowances 11.8 ............................................... Article or Paragraph Number Change of Contract Price . ............ *......... I 1 Change of Contract 'fimcs. .... ,,,,... -_.,.._..-_...__..-.12 Changes in the Work.................................10A-10.5 check and verify ................................................... 2.5 Clarifications and Interpretations .........................3.2, 3.6, 9.4, 9.11 definitionof.....................................................1.10 ENGINEER as initial interpreter of ......... ......._ 9.11 ENGINF..ER as OWNER's representative..............9.1 generaD Insurance...........................................................5.3 Intent minor variations in the Work ...... _.,._.............. --3.6 OWNF.Ws responsibility to furnish data ............ ,..3.3 OWNF,R's responsibility to make Prompt payment..........................5.3, 14.4, 14.13 precedence ............: ........I..._..3.1, 3.3.3 Record Documents................................... .........6.19 Reference to Standards and Specifications of Technical Societies .................................... 3.3 Related Work ...................................................... 7.2 Reporting and Resolving Discrepancies,,,,,.., 2.5, 3.3 Reuse of 3.7 Supplementing.................................................. 3.6 Term ination of ENGNEER's Era ploym ent .......... 8.2 Unit Price Work................................................11.9 variations..........................................3.0, 6.23, 6.^•7 Visits to Site, ENGfNEER's 9.2 Contract Price -- adjustment of,,,,,,,,,,,,,,, 3.5. 4.1. 9.4. 10.3. 1 L_-11.3 Changeof..........................................................11 Decision on Disputes........................................9.11 definition of.....................................................I'll Contract Times -- adjustment of.. I ....... ......... I .....3.5. 4.1. 9.4. 10.3. 12 Change of.................................................12.1-12.4 Commencement of .............................................. 2.3 definition of......................................................1.12 CONTRACTOR= - Acceptance of Insurance ......... ........... ......._.....:5).14 Communications................................._...6.2, 6.9.2 Continue Work ........................................ 6.29, 10.4 coordination and scheduling., .......................... 6.9-2 definition of. ...................................................... 1.13 Limited Reliance on Technical Data Authorized 4.2.2 1\4av Stop Work or Terminate..........................., 15.5 provide site access to others,,,,,,,,,,,,,,,,,,,,,,, 7.2, 13.2 Safety and Protection,,,,,;,,,,,,,,,,,,,,3.1.? 6.16, 6.18, ............................6-N-6.23, 7.2-, 13 2 Shop Drawing and Sample Review Prior to Submittal........................................6.25 vii Stop Work requirements .................................. 4.5.2 CONT'RAC TOR's- Article or Paragraph Number Compensation .... ........................................ 11.1-1 1.2 Continuing Obligation.....................................14.15 Defrctive Work...........................I...9.6. 13.10-13.14 Duty to correct defective Work.... , .......... Duty to Report -- Changes in the Work caused by Emergency...........................................6, 23 Defects in Work of Others, ............................ 7.3 Differing conditions-.- ..... 1- .................... 4.2.3 Discrepancy in Documents ......... 2,5, 3.3.2, 6.14.2 Underground Facilities not indicated ........... 4.3.2 Emergencies......-, .... .................... _......... ¢.23 Equipment and \Machinery Rental, Cost of the Work...........................................11.4.5.3 Fee --Cost Plus11-4.5-6. 11.5.1, 11.6 General Warranty and Guarantee .......................6.30 Hazard Communication Programs 6.22 Indemnification ........................6.12, 6.16, 6.31-6.33 Inspection of the Work. .............................. 7.3, 13.4 Labor, Materials and F.quipment ....................6.3-6.5 Laws and Regulations, Compliance by,,,,.,._,._, 6.14.1 Liability Insurance .............................................. �,4 Notice of Intent to Appeal. ... ........... ........ 9. 10. 10.4 obligation to perform and complete theWork....................................................(i.30 Patent Fees and Royalties, paid for by,,,,,,,,,,,,,,,, 6.12 Performance and Other Bonds 5.1 Permits, obtained and paid for ,,,,,,,,,,,,,¢.13 Progress Schedule......... I...............-2.6. 2.8. 2.9. 6.6. ..............629, 10.4. 15.2.1 Request for formal decisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities -- Changes in the Work .................................. 10.1 Concerning Subcontractors, Suppliers and Others..............................__..„_6.8-6.11 Continuing the Work ..........................6.29, 10.4 CONTRACTOR's expense .......................... 6,7.1 CO\rfRACTOR's General Warranty and Guarantee ..... ............... ...... ..:.6.30 CONTRACTOR's review prior to Shop Drawing or Sample submittal ...,.,,,,,,.„ ... 6.25 Coordination of Work....... I ......................... 6-9.2 Emergencies... .......... I ................................. 6:23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items ....... ......... ..............6.7.3. For Acts and Omissions of Others ................„,..,,,.„ 6.9.1-6.9.2, 9.13 for deductible amounts, insurance ,,,,,,.„.......I ... .9 general........................................6, 7.2, 7.3, 8.9 IIazardous Communication Programs_,_.-,....6.22 Indemnification .............................. 6.31-6.33 E1CDC GENER.V. CONDITIONS 1910-3 (1990 EDITION) wt CITY OF FORT COLLINS NTODIFICATIONS (REV 9/99) Labor, Materials and Equipment..............p.3-6.5 C(5N'I'RACI'ORS--other....__...._............._.................? Laws and Regulations ,,,,,,;,,,,,,_..--.,.._,..,-.__6.14 Contractual Liability Insurance._„_,.:.._....... _,.,_ ;... �.4.10 Liability Insurance ........................................ 5.4 Contractual Time Limits.........................................1? Article or Paragraph Number Notice of variation from Contract Doc unl ents........................................... 6.27 Patent Fees and Royalties 6.12 Perm its ........................................................ 6.13 . Progress Schedule ...... ................. .................. 6.6 Record Documents 6.19 related Work performed prior to ENGINEER's approval of required submittals ............................................. 6=8 safe structural loading .................. ..........: .... 6.18 Safety and Protection ....................6.20. 7.2, 13.2 Safety Representative., ................._............_6.21 Scheduling the Work..................................6.9.2 Shop Drawings and Samples,,,,,,,,,,,,,,,,,,,,,,, 6.24 Shop Drawings and Samples Review by ENGWEER......................................6.26 Site Cleanliness .......................................... 6.17 Submittal Procedures...................................6.2; Substitute Construction Methods and Procedures .................................... 6.7.2 Substitutes and "Or -Equal" Items................6.7.1 Superintendence .... ....... ....... I ........................6.2 Supervision ............... ....................................6.1 Survival of Obligations................................6.34 Taxes......................................................... ..15 Tests and Inspections ... ........................ ....... 13.5 ToReport.......................................................).5 Use of Premises 6.16-6.18. 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal.........................................6._5 Right to adjustment for changes in the Work ..... 10.2 right to claim.............1, 7.1, 9A, 9.5, 9.1 I, lo.2,11.2, ...*...,,_ 11.9. 12.1. 13.9. 14.8, 15.1. 15.5, 17.3 Safety and Protection,,,,,,,,,,,,;,,,,, 6.20-6.22. 7.2, 13.2 Safety Representative ................. 6.21 Shop Drawings and Samples Submittals ..... 6.24-6.28 Special Consultants........................................11.4.4 Substitute Construction Methods and Procedures_ 6.7 Substitutes and "Or -Equal" Items, Expense...........................................6.7.1. 6. 7. 2 Subcontractors, Suppliers and Others,,,,,,,,., 6.8-6.11 Supervision and Superintendence ......... 6.1, 0.2, 6.21 Taxes. Payment.by................................ • .....:6.i5 Use of Premises......................_.,,,,,,._..-..„.6.16-6.18 Warranties and guarantees ..........................6.5, 6.30 Warranty of Title..............................................143 Written Notice Required -- CONTRACTOR stop Work or terminate ........ 15.5 Reports of Differing Subsurface and Physical Conditions„......................4.2.3 Substantial Completion ................ ............. viii 14.8 Article or Paragraph Num ber Coordination— CONI'RACTOR's responsibility ..................... _ 6.9.2 Copies of Documents Correction Period...................._...,,,,,_,,,,,,,,,,,,.,,,,,,1.3.12 Correction, Removal or Acceptance of Defective Work-- in general...................................10.4.1, 13.10-13.14 Acceptance of Defective Work. .......................... 1.3.13 Correction or Removal of Defective Work.,.... .......................... fi.30, 13.11 Correction Period.. ...... _ ..... ........ ............. ..... 13.12 OWNS R May Correct Dejctive Work , _. _ _ .... I ... 13.14 OWNER May Stop Work.................................13.10 Cost_ ofTests and Inspections- ..... ............................. 13.1 Records 11.7 Cost of the Work -- Bonds and insurance, additional,,,,,,,,,,,,,,,,,,,] 1.4.5.9 Cash Discounts.. ............................................. j 1. 4.2 CONTRACt'OR's Fee...............:....„.,....,,,.„.,,,..11.6 Employee Expenses„....................................1 I.4.5.1 Exclusions to.....................................................1.1.5 General l l.4-11.5 Home office and overhead expenses ....................11.5 Losses and damages.....................................11A.5.6 Materials and equipment,.,;. --- ...... ........ ........ 11.4.2 Minor expenses .................... :.............. ......... 11.4.5.8 Payroll costs on changes.................................1 1.4.1 performed by Subcontractors..... ....................... 1.1.43 Records 11.7 Rentals of construction equipment and machinery ... .......... ...................... ....11-4-5.3 Royalty payments. permits and license fees ............................................. 11.4.5.5 Site office and temporary facilities,_.............11.4.5.2 Special Consultants, CONTRACTOR's............. 11.4.4 Supplemental ...... ............ .............. ....... ......... 11.4.5 Taxes related to the Work 11.4.5.4 Tests andInspection.,,-.,,.,..._............................13.4 Trade Discounts.............................................11. 4.2 Utilities, fuel and sanitary facilities .............. L1.4.5.7 . Work after regular hours...............................11.4.1 Covering Work..... ................ ......................... 13.6-13.7 Cumulative Remedies, ........... ......... ............... 17.4-17.5 Cutting, fitting and patching....................................7.2 Data, to he furnished by OWNER .............................. 8.3 Day --definition of...............................................17.2.2 Decisions on Disputes .................................... 9.11, 9.12 defective --definition of ......... ..........---......_........._.1.14 dejective Work -- Acceptance of.. ................ 13.13 E1CDC: GENERAL CONDITIONS 1910-S (1990 EDrnONI w/ CITY OF FORT COLUNS NIODIFICATIONS (REV 9/991 Correction or Removal of10A.I, 13.11 Correction Period... ..................._..........,..:....:. 13.12 in general.........................................13. 14.7. 14. l l Article or Paragraph Number Observation by ENGINEER ......... ...................... : 9.2 OWNER May Stop Work... .... ......................... 13.10 Prompt Notice of Defects.-, ......... I .......... I ........ 1.13.1 Rejecting...........................................................9.6 Uncovering the Work ................................ .......13.8 Definitions.....:.............................:............................ 1 Delays 4.1, 6.29, 12.3-12.4 Delivery ofBonds ... ............. .....................................2.1 Delivery of certificates of insurance, ........................... 2.7 Determinations for Unit Prices,,,,,,.,.,,•,.•,,,,,,,, ,_ 9.10 Differing Subsurface or Physical Conditions -- Noticeof ........................-- ................4.2.3 FNGF.F. INR's Review...................„..,,,,,,•_4.2.4 Possible Contract Documents Changz............... 4.2.5 Possible Price and Times Adjustments..............4.2.6 Discrepancies -Reporting and Resolving.......................-------2.5, 3.3,2, 6.14.2 Dispute .......................Resolution-- Agreement........................16.1-16.6 . Arbitration ...................._........-.................16.1-16.5 general16 Mediation 16.6 Dispute Resolution Agreement ....................... ... t6.1-16.6 Disputes, Decisions by ENGINEER ................. 9.11-9.12 Docum ents-- Copies of Record 6.19 Reuse of .............................................................. 3.7 Drawings --definition of..... ....... I., ...... ................. 1.15 Easements ............................................................. 4.1 Effective date of Agreement -- definition of .............. j.16 Emergencies ...... .......................... I ....... ................. & 23 ENGINEER -- as initial interpreter on disputes .,.,.,•..,••,,,• ................. definition of ...................................................... I. .17 Limitations on authority and responsibilities ,••„ 9.13 Replacement of .................................................. 3.2 Resident Project Representative..-_,.. _ _ .--__. „ _ ..,„9.3 ENGINEER's Consultant -- definition of ..................... 1.13 ENGII,IEER's-- authority and responsibility, limitations on9. Cl Authorized Variations in the Work ..... ...... ............ 9.5 Change Orders, responsibility for.......9.7, 10, 11, 12 Clarifications and Interpretations,- .... ,..... _3.6.3, 9.4 Decisions on Disputes ,••..................•,,,,,,,,,.9.11 '9.12 defective Work, notice of.,.,•__,,,,,•,.•,,,,,,,,,,,,,•13.1 Cvaluation of Substitute Ite-ms;6.7.3 Liability...................................................f.32, 9,12 Notice Work is Acceptable.-_...........................14.13 Observations...........................................6.30 2, 9.2 OWNIFR's Representative .... .......... I ................ -.... 9.1 Payments to the CONTRACTOR, Responsibility for. , I ... I ........._.........,.....:9.9. 14 Recommendation of Payment ............ ........ 14-4, 14.13 Article or Paragraph Number Responsibilities --Limitations on„........... _ 9.11-9.13 Review of Reports on Differing Sulsurface and Physical Conditions .............................4.2.4 Shop Drawings and Samples, review responsibility .............. -,........ .:...........:..:. -..6;26 Status [wring Construction-- authoriud variations in the Wort:..................9.5 Clarifications and Interpretations.. ................ 9.4 Decisions on Disputes ........... ............. 9.11-9.12 Determinations on Unit Price ..... ....... 9.10 ENGINEER as Initial Interpreter 9.11-9.12 ENGINEER'. Responsibilities„•„••. ,,9.1-9.12 Limitations on ENGINFEWs Authority and Responsibilities..............................9.13 OWNERN Representative .......... .......... 9.1 Project Representative ............ ._..--- ..._.......... 9.3 Rejecting Defective Work ...............................9.6 Shop Drawings, Change Orders and Pavnnents 9.7-9.9 Visits to Site.................................................92 Unit Price determinations,,,,,,,,,,,,,,,,,,,,;,,,,,,,,,,„ 9.10 Visits to Site ......................................................... 9.2 Written consent required.......... I...................?-2, 9.1 Equipment, Labor, Materials and ,,,,,,,,,,,,,• .......... 0.3-6.5 Equipment rental, Cost of the, Work,, ...... _..... __.... 1.4.53 Equivalent Materials and Equipment-_.. ..................... 6.7 error or omissions., .... I ........................................... 6. 33 Evidence of Financial Arrangements ........ ,,S.I 1 Explorations of physical conditions ,,,-,•„............... 4.2.1 Fee, CONTRnCTOR's--Costs Plus ........................... 11.6 Field Order -- definition of ..................................... „._,.„•..,1.19 issued by ENGINEER ................................ 3.6.1. 9.5 Final Application for Payment, ........................... 1 4. 12 Final Inspection .............................. ............... 14.11 Final Payment - and Acceptance.,,,,,., -14.13-14.14 Prior to, for cash allovences11.8 General Provisions .......................................... 17.3-17.4 General Requirements -- definition o(.....................................................1.20 principal references to..............2.6. 6A, 6:6-6.7, 6,24 Giving Notice .............. ...........:..............:....... 17.1 .......... Guarantee of Wort: --by CONTRACTOR.,.,.,,, 6.30, 14.12 Hazard Communication Programs ................ _-,.,,_,., 6.22 Hazardous Waste -- definition of ......................................................1.21 general 4.5 OWNER's responsibility for ....................... I ........ .lt) EJCDC GENERAL CohT)ITIONS 1910-3 (1990 EDITION) w/ CITY OF FORT COLUNS MODIFICATIONS rRFV 9/99) Indemnification .....,.._...,..,._.._._._-6.1? 6.16, 631-6.33 Initially Acceptable Schedules ............ .................. _... 2.9 Inspection— Certificates of..............................9.13.4, 13.5, 14.12 Final .............................. ..I4.1I Article or Paragraph Number Special, required by ENGINEER ....:....................9.6 Tests and Approval ...................._,,.,,, 8.7. 13.3-13.4 Insurance -- Acceptance of, by OWNF.R........ ......... Additional, required by changes in the Work............................................11.4.5;9 Before starting the Work.....................................2.7 Bonds and --in general-,- ... 1.11 ...... ...... Cancellation Provisions., ........ .... 1-1 ..... --- ...... I ...5.8 : Certificates of.....................?.7, 5, 5.3, 3.4.11. 5.4.13, ........................5A 5, 5.8, 5.14, 9,13.4, 14.12 completed operations ....:.............. ................. .5.4.13 CONTRACTOR's Liability..................................5.4 CONTRACTORS objection to coverage,,,,,,,,,,,,, 5. 14 Contractual Liability ..... ............... .................. 5.4.10 deductible amounts, CON'rRACTOR's responsibility................................................5.9 Final Application for Payment .........................1 1.12 Licensed Insurers........................„_,,,.,.,,,.,,.,.,,,..5.3 Notice requirements, material changes.. ..... ,5,8, 10.5 Option to Replace ............................. .. .......6.14 other special insurances....................................5.11) OWNER as fiduciary for insurcds................12-5.13 OWNER'S Liability ........ ........... ......................... OWNER's Responsibility....................................S.5 Partial Utilization. Property Insurance ,,,,,,,,,,,,,,,5.15 Property.................................................... 5.6-5.10 Receipt and Application of insurance Proceeds ............................................... 5.12-5.13 Special Insurance ............................................. ?.16 Waiver of Rights..............................................5.1 I Intent of Contract Documents..............................3.1-3.4 Interpretations and Clarifications .....................3.63, 9.4 Investigations of physical conditions .........................4 2 Labor, ivIaterials and Equipment .......................... 6.3-6.5 Lands -- and Easements...................................................8A Availability of.............................................4.1, 8.4 Reports and Tests ...................................... ......... 8A Laws and Regulations --Laws or Regulations-- Bonds........................................................5.1-5.2 Changes in the Work..... ..... ......... .............. 10.4 Contract Documents..................__,,...,,..._._.,,..,,,,3.1 CONTRACTOR's kesponsihilitie...................... 6.14 Correction Period, defective Work,_„................13.12 Cost of the Work, taxes...............................11.4.5.4 definition of ................... ........ .... - - 1.22 gencral6.14 Indemnification ........................................ 6.31-6.33 nsurance....-_................. .................................. `.3 Precedence..................:........................:....3.1, 3.3.3 Reference to....................................................3.3.1 Safety and Protection_., 13.2 Subcontractors, Suppliers and Others ........... 6.8-6.11 Article or Paragraph Number Tests and Inspections,..,...,,,,_......................13.5 Use of Premises ................................................ 6.16 Visits to Site 9.2 Liability Insurance— CONTRACf OR's............................................... 5A OWNER'S 5.5 Licensed Sureties and Insurers,,,,,,,,,,,,,,,,,,, 5.3 Liens -- Application for Progress Payment ......................14.2 CONTRACTOR's Warranty oft-itic....................14.3 Final Application for Payment .........................14.12 of definition .. ...................................................... 1.23 Waiver of Claims ......................... 14-15 Limitations on ENGINEER's authority and responsibilities._...._........................................ 9.13 Limited Reliance by CON I'RA(.I'OR Authorized ............... ....................................... 4. 2.2 Maintenance and Operating vlanunls-- Final Application for Payment .... ..................... J4.12' Manuals (of others)-- Precedence...:................................................�.3. 3.1 Reference to in Contract Documents ..................3.3.1 Materials and equipment -- furnished by CONTRACTOR .............................. 6.3 not incorporated in Work...................................14.2 Materials or equipment --equivalent ...........................6.7 Mediation (Optional) ........................ .............I6.7 Milestones --definition of ........................................1.24 Miscellaneous -- Computation ofrimes........................................IT2 Cumulative Remedies ........................................ 17.4 Giving Notice ..................... ........... ................. :..17.1 Notice of Claim- .......... .......................... ....... 17-3 Professional Fees and Court Costs Included ......... 17.5 Multi -prime contracts ....................... .................. ....... ..7 Not Shown or Indicated.........................._.......---_..4.3.' Notice of- - Acceptability of Project....................................14.13 Award, definition of .........................................125 Claim...........:................................................17.3 Defects,13.1 Differing Subsurface or Physical Conditions,.,... 42.3 Giving............................................................1.7.1 Tests and Inspections,,,,,,,,,,,,, ............13.3 Variation, Shop Drawing and Sample ,,,,,,,,,,,,,,,,6.27 Notice to Proceed -- definition of ............. .................................. I ...... t26 EJCtx 4tiNIiRAL cONDt'r10NS 1910-8 (1990 EDITION) w/ CITY OF FORT COLUNS NIODIFICATIONS (REV 9/99) Notification to Surety__.._.._.......... I .......................10.5 Observations, by k'N(;INFP.R ...........................630, 9.2 Occupancy of the Work, ................... 5.15. 6.30.2.4. 14.10 Omissions or acts by CONTRACTOR , .............. fi.9, 9.13 Open Peril policy form, Insurance... .......................... ). 6.2 Option to Replace .....................................................14 Article or Paragraph Number "Or Equal" Items ......................................................6.7 Other work 7 Overtime Work —prohibition of .... .............. 6.3 OWNER -- Acceptance of&,,/ective Work ........................... 1.3.13 appoint -an ENGINEER-1 ... 11 .... ..................... _ 5.2 as fiduciary ................................................ 5.12-5.13 Availability of Lands, responsibility .................... I definition of .......................................... ........... 1.27 data, furnish ................................................K.3 May Correct Defective Work... ........................ A3.14 May refuse to make payment .................... : ........ 1�4.7 May Stop the Work ..........................................13.10 May Suspend Work, Terminate, .............. .........$. 8, 13 . 10, 15. 1 -15. 4 Payment, make prompt ......................i.3, 14.4, 14.13 perrormanoc of other work ......... __ ..................... 7.1 permits and licenses, requirement ..........6.13 purchased insurance requirements, .............. 5.6-5.10 OWNER!s-- Acceptance of the Work...............................6.30.2.5 Change Orders, obligation to execute.......... 8.6, 10.4 Communications ................................................ 8.1 Coordination of the Work 7.4 Disputes, request for decision ............................ I I Inspections, tests and approvaiq ..................8.7, 13.4 Liability Insurance **"* ............... * ............. ........ 1 5 .5 Notice of Defects .................. I ........................... j3.1 Representative --During Construction, ENGINEERs Status 9.1 Responsibilities -- Asbestos. PCBs, Petroleum. Hazardous Waste or Radioactive Material ............. 8,10 Change Orders .............................................. 8.6 Changes in the Work ...................................10.1 communications... ......... _ ......... .............. 8.1 CONTRACTOR's responsibilities .......... 11 ....... s8-9 evidence of financial arrangements ..............8.11 inspections, tests and approvals ..................... insurance ....................... .............. .......... lands and easements, - - - I ....... ......... ........ 8.4 prompt payment by'..........._ .............. _ SJ replacement of ENGLNEER ...........................8.2 reports and tests ............... ............................ &4 stop or suspend Work ................... 8.8, 13. 10, 1 -5. 1 terminate CONTPACTORs services . .. ........ .......... $.S. 15 ,2 separate representative at site.. .............................. 9.3 testing, independent.........................................13.4 use or occupancy of the Work.. 6.30.2.4. 14. 1 Q written consent or approval I required.........................................9.1, 6.3, 11.4 UCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wl CITY OF FORT COLUNNNIODIFICATIONS iREV 91W) Article or Paragraph Number written notice required... ....................... 7.1, 9.4, 9.11, ....... ................. ............ 11.2, 11.9. 14.7, 15.4 PCBs -- definition of.. ... ------ ...... _' ...... .............. 1.29 general..............................................................4.5 OWNER's responsibility for...............................8.10 Partial Utilization -- definition of, 1.28 general6.30.2.4, 14.10 Property Insurance............................................5.15 Patent Fees and Royalties 6.1`2 Payment Bonds ................. ........................ .......... 5.1-5.2 Payments, Recommendation of..............14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgrmPayments ......................14.2 CONTRAt TOR'sWarrantyof'ritic...................14.3 Final Application for Payment.........................j4.12 Final Inspection...............................................14.11 Final Payment and Acceptance ................14.13-14.14 gcneral........................................................8.3, 14 Partial Utilization-----------------.--------._.-....-.....14.10 Reta i n age..........................................................14.2 Review of Applications for Progress Pa}m ents ............................... 14.4-14.7 prompt payment, .... ................ ................... $3 Schedule of Values 14.1 Substantial Completion,................._....._.14.8-14.9 Waiver ofClaims .............................................14.15 when payments due ................................ 14.4, 14.13 withholding payment.-_ ------------ ......._ ................14.7 Performance Bonds ...... .............................. ......... 5.1-5.2 Perm its 6.13 Petroleum -- definition of.....................................................1.30 general..............................................................4.5 OWNER's responsibility for ............ .................8.10. Physical Conditions -- Drawings of, in or relating to ........................ 4.2.1.2 ENGR3EER's review.........................................4.2.4 existing structures ---- ...........__......................... .2.2 general4.2.1.2.......................................................... Notice of Differing Subsurface or,.....................4.2.3 Possible Contract Documents Change...............4.2.5 Possible Price and Times Adjustments ............. p.2.6 Reports and Drawings......................................4.2.1 Subsurface and,_.: ........ ........ .............. .. 4.2 Subsurface Conditions...................................4.2.1,1 Technical Data. Limited Reliance by CONTRACTOR Authorized,....., ....... 11 .......4._.2 Underground Facilities-- general........................................................4.3 Not Shown or Indicaed...............................4. 3.2 Protection of. ........................................ 4.3,6.20 Article or Paragraph Number Shown or Indicated..... ....... ........ ...................... 4.3.1 Technical Data............_ ................................. 4.2.2 Preconstruction Conference............................I..........2.5 Preliminary Nlattcrs _ ................... _...................... 2 Preliminary Schedules...............................................2.6 Premises, Use of............................................. 6.16-6.18 Price, Change of Contract ..... ......................... 1 Price, Contract --definition of..........................I....... 1.11 Progress Payment, Applications for ..........................14.2 Progress Payment--retainage................................... 14.2 Progress schedule, CONTRACTOR'S............ _.6, 2.8, 2.9, 6.6. 6,29. 10.4. 15.2.1 Project --definition of........................I......................1.31 Project Representative-- ENGINEER's Status During Construction........... 9.3 Project Representative, Resident --definition of .... ..... 1.33 prompt payment by OWNER .....................................8.3 Property Insurance-- Additional.........................................................?.7 general5.6-5.10 Partial Utilization................................5.15; 14.10,2 receipt and application.of proceeds ............. 5.12-5.13 Protection, Safety and ... ........................... 6.20-6.21, 13.2 Punch list 14.11 Radioactive Xfaterial-- defintion of ........................ ....................... 1.32 genera14.5 OWNER's responsibility for...............................$:10 Recommendation of Paymenl..................14.4, 14.5, 14.13 Record Documents., .................. _ ............ ...... 6.19, 14.12 Records, procedures for maintaining ..........................2.8 Reference Points........................................................4 Reference to Standards and Specifications of Technical Societies ......................................... 3.3 Regulations, Laws and(or)......................................6.14 Rejecting Defective Work..........................................9.6 Related Work -- atSite............._...-.....................................7.1-7.3 Performed prior to Shop Drawings and Samples submittals review.....................¢.28 Remedies, cumulative, ...... ................ ............. 17.4. 17.5 Removal or Correction ofDefective Work...............13.11 rental agreements, OWNER approval required ..... 11.4.5.3 replacement of ENGINEER, by OWNER .................... 8.2 Reporting and Resolving Discrepancies- .... ........... 15, 3.3.2, 6.14.2 Reports -- and Drawings.................................................4.2.1 and Tests. OW'i1ER's responsibility..... ................ 3A Resident and Project Representative -- definition of._...................................................1.33 provisionfor ........ ......... ............................................ 9.3 E1CDC GLNL"RAL CONDITIONS 191o•s 11990 rDrrtm w/ C1TY OF FORT COLLINS MODIFICATIONS (RFV 9/991 Article or paragraph Number Resident Superintendent, CONTRACTORs................ 6.2 Responsibilities— CONTRACTORs-in general..................................6 ENGLNEER's-in general., .......... ............ Limitations on .............................................. 9.13 OWNER's-in general. ..................................... ....... 8 Retainage............................................................1.4 2 Reuse of Documents.......... ................................... _.. 3:7 Review by CONURACTOR: Shop Drawings and Samples Prior to Submittal ..........................6.25 Review of Applications for Progress Payments.....................................14.4-14.7 Right to an adjustment.,,....,, ... 1-1 .........10.2 Rights of Way ............................ 4.1 Royalties, Patent Fees and ....................................... Safe Structural Loading ..........................................6.18 Sa fetv-- and Protection................................4.3.2, 6.16, 6.18, ..... ......... ......''*.... .......... .6.20-6.21, 7.2, 13.2 general.................................................... ),20-6?3 Representative, CONTRACTORS ............. .......... .21 Samples -- definition of... ....... ......... I ....... ........ ....... 1.34 general ............... ............. ...........:............. 6.24-6.28 Review by CONTRACTOR...............................6:25 Review by ENGINEER ..............................C.26, 6.27 related Work ...................................................... 6.28 submittal of 6.24.2 submittal procedures .... ......... .............................. 6.25 Schedule of progress ............................. 2.6, 2.8-2.9, 6.6. .............. ...........................6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................2.6, 2.8-2.9, 6.24-6:28 Schedule of Value..................................2.6, 2.8-2.9, 14.1 Schedules -- Adherence to ............ ........................._...........15.2.1 Adjusting...........................................................6.6 Change of Contract Times.................................10.4 Initially Acceptable., .................... I ................ 2.8, 2.9 Preliminary- ............................ I., ... I ... ...... ..... '.6 Scope of Changes.......................................10.3-10.4 Subsurface Conditions ...................................... ...4.2.1.1 Shop Drawings -- and Samples, general ................................. Change Orders JIL Applications for Payments, and .................................... .....9.7-9.9 definition of, ... .............. ........... ENGINE:ER's approval of ... ............................. 3.6.2 ENGINEERS responsibility for review ..................................... 9.7, 6.24-6:28 related Work_ ................ ....... .......................... .4.28 review procedures................................2.8, 6.24-6.28 Article or Paragraph Num ber submittal required...............................................6.24.1 Submittal Procedures 6.25 usee to approve substitutions.._..*........................6.7.3 Shown or Indicated ................................................ 4.3.1 Site Access......................................................7.2. 13.2 Site Cleanliness ........................................................ 6.17 Site, Visits to -- by ENGINEER...........................................9 2. 13.2 byothers..........................................................13.2 "special causes of loss" policy form, insuranoe....................................................... 5.6.2 definition of.....................................................1.36 Specifications— defination of ........................................ ............1.36 of Technical Societies, reference to.,,,,_,.3.1 precedence...................................................... 3.3.3 Standards and Specifications of Technical Societies .............................. 3.3 Starting Construction, Before I ..2.i-2.8 Startingthe Work......................................................2.4 Stop or Suspend Work -- by CONTRACTOR..........................................115.5 by OWNER.....................................8.8, 13.10, 15.1 Storage of materials and equipment..,_................a.1. 7.2 Structural Loading, Safety.... ................ ......... .... 6.18 Subcontractor -- Concerning ................................................ 6.8-6.1 1 definition of.,•.,..,•,...,.. .............................. . „••,1.37 delays... --..-.................................................12.3 waiver of rights ..... •.....6. t t Subcontractors --in general ................................. 6.8-6.11 Subcontracts --required provisions .......... 5.1 I, 6.11, 11.4.3 Submittals — Applications for Payment .................................. 14.2 Maintenance and Operation Manuals...............14.12 Procedures...................................................... 6.25 Progress Schedules......................................2.6. 2.9 Samples ....................... ............... :............ 6.24-6.28 Schedule of Values ................................. .... ' 6, 14.1 Schedule of Shop Drawings and Samples Submissions .... .................................. 2.6, 2.8-2.9 Shop Drawings........................................6.24-6.28 Substantial Completion— certification of............................6.30.2.3, 14.8-14.9 definition of .................. :................................. 1.38 Substitute Construction Methods or Procedure* ........ 6.7:2 Suhstitutcs and "Or .Equal" Items...............................6.7 CONTRACTOR's Expense .......................... 6.7.1.3 ENGINHER's Evaluation ......................... 6.7.3 "Or -Equal.. ................................................... 6. 7.1.1 Substitute Construction Methods E1CDC.. GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number or Procedures.... .......................................... 6.7.2 Substitute Items 6..1.2 Subsurface and Physical Conditions-- Drawings of, in or relatag to,,,,,,,,,,,,,,,,,,,,,,,, 1.2.1.2 ENGINEER's Review ...................................... 4.2.4 general..............................................................4 2 Limited Reliance by CONTRACTOR Authorized ................................................ 4.2.2 Notice of Differing Subsurface or Physical Conditions ......................................... 4.2.3 Physical Conditions.......................................4.2.1.2 Possible Contract Documents Change .......... _,_.=1.^_.5 Possible Price andTimes Adjustments...... ...... 4.2.6 Reports and Drawings......................................4.2.1 Subsurface and....................................................9.', Subsurface Conditions at the Site ,,,,,..,,.„._ ..... 4.2.1.1 Technical Data.................................................4.2.2 Supervision— CONTRACTOR's responsibility ...........................6.1 OWNER shall not supervise.: .............................. 8.9 F..NGNF.F.R shall not supervis4................ 9.2, 9.13 2 Superintendence....................................................... 2 Superintendent, CONTRACTOR's resident................6.2 Supplemental costs.., ....... I ......................... I... ....... 11.4.5 Supplementary Conditions -- definition of. ..................................................... 1-39 principal references to.................1.10, 1,18, 2.2, 2.7, ........ 3.2, 4.3, 5.1, 5.3, 5.4, 5-6-5.9, .............. 5.11, 6.8, 6.13, 7.4, 8.1 t, 9.3, 9.10 Supplementing Contract Documents., ....... ............ 3.6 Supplier -- definition of......................................................1.40 principal references to...........3.7, 6.5, 6,".11, 6.20, 6 24, 9.13, 14.12 Waiver of Rights...............................................0.11 Surety -- consent to final payment .......................14.12, 14.14 FNGINFF,R has no duty tq................................9.13 Notification of..................................10.1. 10.5, 15.2 qualification of ..............................................5.1-5.3 Survival of Obligations ........................................... 6.34 Suspend Work, OWNER May .....................„ 13.10, 15.1 Suspension of Work and Termination -;,,,,,,,,,,,,,,,,,,,,,,I? CONTRACTOR May Stop Work or Terminate...............................................15.5 OWNER May Suspcnd Work.............................1.5.1 OWNER May Terminate.............................15:2-15.4 Tares --Payment by CONTRACTOR 6.15 Technical Data -- Limited Reliance by CONTRACTOR,,,,,,,,,,,,,,,, 4.2.2 Possible Price and Times Adjustments. - Reports of Differing Subsurface and Physical Conditions ............. _.......... ........... 4.2.3 xiv Temporary construction facilities..._ ............................... 1.1 Article or Paragraph Number Termination— by CONTRACTOR .............. ....................... ......15.5 by OWNER ........................................8.8, 15.1-15.4 of ENGINEEK's employment...............................$.2 Suspension of Work-in general .............................15 Terms and Adjectives..............................................3.4 Tests and Inspections -- Access to the Work, by others............................13.2 CONTRAC-FOR's responsibilities... ........ I ........... 3.5 cost of 13.4 covering Work prior to ......................13.6-13.7 Laws and Regulations(or)................................ 13.5 Notice of Defects ........ ......... ......... ........13.1 OWNER May Stop Work ... ........ ... ........... ..... ...13.10 OWNER'S independent testing ..........................13.4 special, required by ENGINFER ........................... 9.6 timely notice required ....................................... 13.4 Uncovering the Work, at ENGrNEER's request.. _.............................................13. 8-13.9 'times-- Adjusting...........................................................C.6 Change of Contract.............................................12 Computation of...........................................I....17.2 Contract Tunes --definition of JI.12 day...................... Milestones..........................................................12 Requirements -- appeals, ...... .............. .....................9.10, 16 clarifications, claims and disputes..................9.1 L 11.2. 12 Commencement of Contract Times2.3 Preconstruction Conference ,,,,,,,,,,,,,,,,,,,,,,,,,,,2.8 schedules ................................ ......... =.6, 29, 6.6 Starting the Work- ..........................................2.4 Title, Warranty of., .... ............................................. 14.3 Uncovering Work_...........................................13.8-13.9 Underground Facilities, Physical Conditions— definition of....................................................1.41 Not Shown cr Indicated...-_........................_...4.3.2 protection of.... .........................................3.3. 6.20 Shown or Indicated..........................................4.3.1 Unit Price Work— claims......................................................... 1,1.9.3 definition of....................................................1.42 generalll.9. 14.1, 14.5 Unit Prices -- general l 1.3.1 Determination for.............................................9.16 Use of Premises................................6.16, 6.18, 6.30.2.4 Utility owners.............................6.13, 6.20, 7.1-7.3, 13.2 Utilization, Partial. 5.15, 6.30.2.4. 14.10 Value of the Work....................................................11.3 Values, Schedule of__. ......... ...............?.6. 2.8 _.9. 14.1 EX -DC GENERAL CONDITIONS 1910.8 (1990 EDITION) wJ (,1TY OF FORT COLLINS %*)DIFiCAT10NS tRFV 91971 Variations in Work --Minor Authorized .... ................. ............... 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER .................................... 9.2 Waiver of Claims --on Final Payment ...... ................ 14.15 Waiver of Rights by insured parties...:............. 5.11,6,11 Warranty and Guarantee. General --by CONTRACTOR ...................... _ ................. ..... 6.30 Warranty of Title, CONTRACTORs . ................. 14.3 Work -- Access to 1 12 byothers, ................. .................. * ......... ** ...... " 7 Changes in the ....... _ .......... ............... ......... 1.0 Continuing the ................. ........ ................... 6.29 CONTRACTOR May Stop Work or Terminate, ................ .................... 15.5 Coordination of ...... .......... ...... ............. ... 7.4 Cost ofthe 11.4-11.5 definition of ............................................... ...... 1.43 neglected by CONTRACTOR ... : ........................ 1.3-14 other Work _7 OWNER May Stop Work- . ........................... .... 13.10 OWNER May Suspend Work .......... ......... 13,10, 15 1 Related, Work at Site, .................................... 7.1-7.3 Starting the,.. ...................... ............................... 2A Stopping by CONTRACTOR .... ................... 1.2. Stopping by OWNER .......... ... I .................. 15.1-15.4 Variation and deviation authorized, minor ........... 3.6 Work Change Directive -- claims pursuant to .................................I...........10.2 definition of ........ --------- � -------------------------- IA4 principal references to .......................3.5.3, 10. 1 - 10.2 Written Amendment -- definition of ...................... ............................... 1.45 principal references to ............... I. I 1), 3.5, S. 10, 15.12, ....................I....4.6.2, 6.8,2, 6. 19, 10.1, 10A, "*'***.............. ... . I ' L2, 17.1, 13.112, 14.7.2 Written Clarifications and Interpretations...,,....,.. 9.4. 9.11 Written Notice Required — by CONTRACTOR 7.1, 9. 1 o-9. 11, . .......... ... ... .. . ........ ... 10.4. 11.2, 12.1 by OWNER .......... ...... _ 9.10-9.11, 1 0A, 11-2, 13.14 xv EJCDC GENERAL coNDiTiONS 1910-3 (1990 EDITION) wl CITY OF FORT COLLINS MODIFICATIONS iRFV 9/09) (This page left hlank intentionally) svi LJCDC GENERAL CONDITIONS 1910-3 (1990 EDITION) w/ CITY OF FORT COI.LINS MODIFICATIONS (REV 9/99) SECTION 00020 INVITATION TO BID Date: May 26, 2009 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 June 19th, 2009, for the Landscape and .Irrigation Improvements at Harmony and Shields; BID NO. 7039. 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. O. 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 7039 Landscape and Irrigation Improvements at Harmony and Shields. The work consists of landscape improvements to Harmony Road and Shields Street to include installation of irrigation systems, parkway and median plantings and median hardscape installation as well as regular maintenance of all new improvements for two growing seasons after completion under separate maintenance agreement. 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. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 a.m., on June 9th, 2009, at Conference Room A, 281 North College, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at: • City of Fort Collins BuySpeed: https://secure2.fcgov.com/bso/login.js 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. GENERAL CONDITIONS ;ARTICLE 1--DEFLNITIONS Wherever used in these 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: 1.1, ,-Iddenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the .Bidding Requirements or the Contract Documents. 1.2. Agmenrent- fhe written contract between OWNER and CONTRACTOR covering the Work to be performed other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for PL�yment- 1'hc form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to he accompanied by such supporting documentation as is required by the Contract 1.)ocumentz. 1.4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos filx rs into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on die prescribed form setting firth the prices for the Work to be performed. 1.6. Bidding Doctmtents—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. Bidding Requirements --The advertisement or invitation to Bid, instructions to bidders, and the Bid form. 1.8, Bonds —Performance and Payment bonds and other instruments of security. 19. Change Order —A document recommenced by DJGI`fEfiR, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CO1VfRACI'OR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EXDCGENERAL CONDITIONS 1919-3 (1990 E(fition) WICITY OF FOR'r COLLINS NIODIFIcAT[ONS (RLV 42000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and i NGIN'EER's written interpretations and clarifications issued pursuant to paragraphs3.5, 3.6.1 and 3.6.3 on or alter the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and dmwinl s referred to in paragraphs 4.2.1 and 4 2.'_ are not Contract Documents. 1.11. Contract Price —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 11.9.1 in the case of Unit Price Work), 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINFiER's written recommendation of final payment in accordance with paragraph 14.13. 1,13. 670MRACI'OR—The person, firm or corporation with whom OWNER has entered into the Agreement 1,14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not confort to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGIATEEWs recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWTiF.R at Substantial Completion in accordance with paragraph 14.8 or 14.10), 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1,16. Ej%etive Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Ageement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. LM EMOINFER's- Consultant —A person, firm. or corporation having a contract with ENGINEER to furnish services as ENGINNTE•ER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with Paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20, General Requirements —Sections of Division I of the Specifications. 1 21. Hazardous lVaste—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. 1.22.a. Law.,; and Regulations; Lams or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.22.b. Legal ilolidays--shall be those holidays observed by the Citv of Fort Collins. 1.23. Liens -Liens, charm security interests or encumbrances upon real property or perso , property. L24. Milestone- :A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of nil the Work. 1.23. Notice ofAmvard—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEFR) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1?7. OIIWER—The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. I.I.S. Partial Ulilization—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- 1.29. PCBs —Polychlorinated biphenyls. 130. Petro/area--Petroleum, including crude oil or an - fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil oil sludge. oil refuse, gasoline, kerosene and oil mixed with other non-Fazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents, 1.32.a. Radioactive 11aterial—Source. special nuclear, or byproduct material as defined by the Atomic Energy Act of EICDCGEN6RALCONDITIONS 1910-8(1990Editim) wl CTCY OF FORT COLLINS MODIFICATIONS (REV 4P000) 1954 (42 USG Section 2011 et seq.) as amended from time to time. 132.b. Regular IYorkinz Hours -Regular working hours are defined as 7:00am to 6 00pnt unless otherwise specified in the General Requirements. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will he judged 1.35. Sloop Drammings-All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative &-tails applicable thereto. 1.37. Subcontractor ---An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion --The Work (or a specified prmn thereof) has progressed to the point where, in the opinion of ENGINF".ER as evidenced by ENGINEER'S definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for feral payment as evidenced by F.NGrNIFER's 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 the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer. fabricator, supplier. distributor, materialman or vendor having a direct contract with CONTRACTOR or with am• Subcontractor to furnish materials or equipment.to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Undergromrd facilities —All pipelines conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television. sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 1.43. Work --The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performirg or furnishing labor and fumishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 1A4. ff'ork Charge Directive —A written directive to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended. by ENGINEER ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties c.\pect that the change directed or documented 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, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. lf'ritten Amencbnent--A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengincering or nontechnichl rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELUMINARY MATTERS Delivery ofBontb: ? I. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRr\CTOR may be required to furnish in accordance with paragraph i. I. Copies 'of Documents: _._ OW I E Rshall famish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times, Notice to Proceed 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, UCDC OENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY Of FORTCOLLINS MODIFICATIONS tREV dR000) if a Notice to Proceed is given, on the day indiatted in the Notice to Proceed. A Notice.to Proceed may be given at any time within thirty days rifler the Effective Date of the Agreement in no evffit will the CentFaet Times comin ince 1e rutr}ateFthan t}w si�tiet#rdrty afte�ihe Flay of-Bid•opening•or-the-thirtieth•day-n fter-the-Effaetive•f�ate of the -Agreement; whichever-chite•is•ear}acre Starting the Work.- 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Starting Construction: 2S. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements: CON'1'RAC'I'OR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER b0bre proceeding with any Work affected thcrcby; however, C6NfRAC'1'OR shalf not be liable to OIVNFR or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof, 2.6, Within ten days after the Etfective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the limes (numbers of clays or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no else will a schedule be acceptable which allows less than 21 calendar ivs for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work. which will Include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component pars in sufficient detail to serve as the basis for progress payments during 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 OWNER shall each deliver to the ethef OWNER with copies to ins -Fed identified in the SupplementaFy Cenditiett ENGINEFR certificates of insurance (and other evidence of insttr<.tnce reasonably --west requested by OVNERi which CONTRACTOR is required to purchase and maintain in accordance with paragmphv 14-+:6•and'-7. Preconstruetion Conference: 2.8. Within twenty days after the Contract Times start to run, but before anv Mork at the site is started, a conference attended by CONTRACTOR. ENORNEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. initially Acceptable Schedules- 2.9. Unless otherwise providedin the Contract Documents tlpplis^•�, w4>aytnem before any work at the site begins a conference attended by CONTRACTOR, ENGINEER and others as appropriate designated by OWNFR, will be held to review for acceptability to ENGINFFR as provided below the schedules submitted in accordance with paragraph 2.6. and Division 1 - General Requirements. CONTRAM'OR shall have an additional ten days to make correction- and adjustments and to complete and resubmit the schedules. Net progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to TsNC,;fNEF.:R as provided below. The progress schedule will be acceptable to F..NGfNF.ER as providing an orderly progression of the Work to completion within any specified Milestones and the Contmct Times, but such acceptance will neither impose on ENGL\i) FR responsibility for the sequencin, scheduling or progress of the Work nor interfere with or nccvc CONTRACTOR front CONTRACTOR's full responsibility therefor. CONTRaMR's schedule of Shop Drawing and Sample submissions will be acceptable to FNI MNI F.F.,R as providing a workable arrangement for reviewing anti processing the required submittals CONTRACTOR'S schedule of values will be acceptable to LNGINEER as to fort and substance. ARTICLE 3—COINTRACT DOCUiMEXTS: UNTENT, AMENDING, REUSE intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. it is the intent of the Contract Documents to WCDCOENERAL CONDITIONS 1910-8 (1990 E(itice) cal CITY OF FOR'r COLLINS lt/ODIFICNr10NS (REV -1P000) describe a titnctionally complete Project (or part thereot) to be constructed in accordance with the Contract Documents. Any Work, 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 or construction industry or trade meaning are used to describe Work. materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall he issued by ENGINF',PR as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies: Reporting and Resohing /discrepancies• 3.3.1. Reference to standards, speclfiquomq, manuals or odes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or I..aws or Regulations in ctTect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If 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 any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to LNGHNEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3S or 3.6, provided however, tKat CONTRACTOR shall not be Gable to OWNER or EN, GiNEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.33.1. the provisions of any such standardL specification, manual, code or instruction (whether or nut specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or FNGINEE:R, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNi tER, FNGINF.F.R or any of FNGINEF.R's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.1:3 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the. terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terns of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like et%ct or impart are used to describe a requirement, direction. review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duly or authority to supervise or direct the furnishing or performance of the Work .or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), EXI)CGENERAL CONDMONS 1910-S (1990 Ecitimj w/ CITY OG t-'ORI' COLLINS ktODIt-"ICA,riONS tRh'V 4R000) 3.5.3. a Work Change Directive (purstiant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented. and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6:2. ENGIN-EER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGR MER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse ojDocuments: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization perforating or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or hearing the scal of ENGINEER or FNGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4--AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL. CO`7)ITIONS; REFERENCE POINTS t railabilio, of Lanrh: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the useofCONTRACTOR Upon•ren"iable-writtent•request-, statement -of -record -legal -title -and -legal -description -of the lands -upon -which -the -Work -is -to -be -performed -trod 01V:xFER's-interesE-therein-as-necessary-for-givirtg-nvEicr of-or-til irwo-a-ntac}tanic-s-lam-against-such-lands-in OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing lacilitim will be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. If CONTRACTOR and OtVNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price'or the Contract Times as a result of any delay in OWNE::R's furnishing these lands, rights -of - way or easements. CONTRACTOR may make a claim therefor as provided in .Articles I 1 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.1 Subsurface and P vsical Conditions: 4.2,1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utili72d by ENGINEER in preparing the Contract Documents: and 4.2.1.2. Physical Conchtions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGWEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CON7MC7OR Authorized• Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 42.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicnted in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations; opinions or information 4.2.3. Notice of Differing Subsurface or Physical Conditions. if CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technic -al data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or . 4.2.3.3. differs materially from that shown or E:JCDCGENE7tU COND171ONS 1910 8 (1990 Edition) WI VI Y OF FORT COLLI NS MODIFICATIONS (RLV 42000) indicated in the Contract Documents, or 4:2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally reco=niced as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, preatptlp immediately' after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's- Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNERS obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINFFR's findings and conclusioms. 4.5. Poxvible Contract DocrrmenLv Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Dii-Letive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Pocdble Price and Tinrev ALfustments: An equitable adjustment in the Contract price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOWs cost of, or time required for pertormance oC the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive-, 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. ayith respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if, 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4 2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding, Requirements or Contract ,Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONI'RACI'OR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles I and 12. However, OWNER, ENGINEER and ENGI'NF..ER's Consultants shall not be liable to CONTRACTOR for any claims, casts, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project U. Physical Condtions— ndetground Facilities: 4.3,1. ShoKn or Indicated• The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 43.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cast of all of the following wil I be included in die Contract Price and CONTRACTOR shall have.lidl responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Doc:uments,(iu) ewrdination of the Work with the owners of Stich Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6 20 and repairing any damage thereto resulting from the Work. 4.32. Not Shoa-n or lnciicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents. CONTRACTOR shall. promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23). identify the owner of such Underground Facility and EJCDCOE,',%RAL CONDHIONS 191" (19W Edtion) w/ CITY OF FORT COLLI NS MODIFICATIONS (REV ,trz000) give written notice to that owner and to OWNER and ENGINEER. ENG[NEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in pamgmph620. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was riot shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been cxpected to be aware of or to have anticipated ff OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contmct Times, CONTR.AC'fOR may make a claim therefor as provided in Articles I I and 12. However, OWNER, ENGINF.F..R and FNG[NF.F.R's Consultants shall not be liable to CONTRAC'OR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other proiect or anticipated project. Reference Points• 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CON'I'RAC'TOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect anti 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 points by professionally qualified personnel. 4.5. Asbestos. PCBs•, Petroleum, Hazardous Massie or -Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive lvlaterial uncovered or revealed at the site which was not shown or indicated 'in Drawings or Specifications or identified in the Contract Documents to be within the scope,of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CON"1'RAC I'OR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. •1:5: `: G0;`I-TRf\GTt?Rshall-immediately=(i-)•�up•all �4<�rk•-in-eortncwtiort N:it#•such-ltat�trdotisborxlition-anEl in -any -area a{1r aed theEeby E*ieep thareefier-�onftrrn suoh-notice-in-writing?—(>WN ER--shall-promptly cximult-with-E�iGIi�IEER cortcemir>F;-the-rtecalsity-Cur c?WIv'G12 to-ralairs-a-givalitlad-axpatt-ttravalusta-such haatrdeus s 4:.t)N=FIi:AC7f(ll shall•rtot-ba-reyuirecl-to•rrsuma-fork tin-eervtast T any-required-pemrits-related-thereto-and-delivered-to that `" fytrtgttny speetapsFxtditictttsunda- h �kor may-ha-resumed-safely-lf OWNER -find CON'4'-Rt�Gri�l�camtoE-tware�as-to-antitkvnent�or �stoppaecw�sush-special-eondttions-trndar�whic-h EnNTRA(:TOR: does -not -agree -to -resume -such -week based en ft reasonable belief it is tinsafe, of dees not eondition-or-in-sueh--..�=^feeted-area-to-bedekne Mrs the it o flu If 0kk1N l.D Find GONTUAC-' IQR .- agrae-as•to•entitlement-tn•or-dta•aniounbor-extent of -an ,tstffl "I tes aithar-party-may-make-a-claim-dlarator-as-providad-in rlieleS l l-and 1^_. 8M."MCR sua't <'al ao portion-of-tha-Work--perfontted-by- WiNER's-own forces or-others•irt•accordanca-with-ftriicla 7- Regulations-OWl36R-shall-indemni fy-and-hold Itarunlass—rOl�:-TR:r1�FOR— ,ubsontmctors; i�v� n- o r.•n G rare W I, a L. avtvcE cr+vara.�c�—cvF77"siic�iu�i�zin't —`vac otTicers,—directors,—employee agents, —other consultants-and-subcommctors-of-each-anti-any-of Them-Cram-and-agairrit-all-claims-cants-losses-and damages -arising -out of -or -resulting -from -such cost-loss-or-dema_e-is-attributable-to-boddy-injury siolm 'Ytien f ith9gible Pr including -(he -loss' of=use-resulting--therefrom-and (ii)•rtudh ng-in-this-subparagraph-4.5:4-!4all-obligate C)W?TER-to-indemnity-nny-person-or_entity-from-and own -negligence. EJCDC GENER.IL C•ONDITIONs 1910-3 (1990 Editi(,n) ivl CI'rY OF FORI' COLLINS M1IODII�lCATIONS (RIiV •10000) ARTICLE 5--BONDS AND I NS'UI;WNCE Performance. Payinent and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CON'rRACrOK's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by haws or Regulations or by the Contract Documents. CON•1'RAC'rOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by I,,aws 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 Reinsuring Companies" as published in Circular 574j (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department All Bonds signed by an agent must he accompanied by a certified copy or such agent's authority to act. 5.2. It' .the surety on any Bond tbrnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of Insumnce: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNTER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions; certificates of insurance (and other evidence of insurance requested by OVVNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with Paragraph 5.4. OWWERi-shall delive itch addititxm -insured-identified-in-the-Supplementary a with R ml Rhs ? 6 and'-7 hereof CONTR=ICTOR's Liability Insumace: 5.4. CONTTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRAC'rOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Daeument& whether it is to be performed or furnished 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. claims under workers compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; �:4:4-e la im s-fix-daanag�:.-insured-by-etrstom ary pax{ injury l ustxirxde E y er mdtrcectly-ralated to the empley -by w�arru nr-rnuOF ::) .. any a ff peFsen r other-C28S . 5,4.5. claims for damage-, other than to the Work itself because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any, person or property damage arising out of the ownership, maintenance or use of any motor vehicle, The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.3.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER. ENGINEER. ENGII EER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.5. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4.9. include completed operations insurance; ExDC GENERAL. CONDITIONS 1910-5 t 1990 E(hticn) w/ dR-IY OI-'FORT COLLINS ,',fOD1l1CA-rIONS (RL•V,IP-00o) 5.4,10: include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 616 and 631 through 633; 5.4.11, contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been givers to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 533 will so provide), 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work- in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONfRACI.OR shall fumish OWNI F.R and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to 01h1NER and any such additional insured of continuation of such insurance at final payment and one year thereafter), OIINER's Liability Insurance: 5.5. in addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNTIZ. at OWNER's option, may purchase and maintain at OWNER's eNpense OWNTER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contend Documents. Pruperti, Insurance: :d",.-1)nless-otherwise-provided-in-the-Sul�pl imentary 6aaditit�tts,-C7��'NER-shall-purchase-enact-ntairatain of=the-full-replacement-cost-thereof-(subject-to-such deductible-amounts-as-mat,-be-pr(wid ed-in-the Supplementary- Conditions -or -required -by -Laws -and Regulations): This -insurance -shall= 5:6-l—include—the•—interests—of'—OW NER: Tom' 's-E�dxfsaltants-and-xny-caEheF-persens--or arttitias-ideasflied-in-tlw-Supplementury-Eenditions; exch•v[ whom-is•dkemed•to•hxve-xn insurxbk-interest end-shell-be-listed-es-an-irvsurad or-tadklitionttl-insured; 5:6.=-6e-written-on-x-Bui ktd�s-Risk='all-risk'-=or Open Peril or spe6iill 6HUses of lobs Policy form 41'Aa the-fellowingrils: lore, lightnirao :cadcd troy eraea-tktaft-vttnda I isttt-a txl-m a {icicws-m escheat; rare#tctuaka-collapse-c zbris -removal. -demoliFion owasioned by arm be specifically rc>rt. d by the suppleffientsfy cendi ions 5:b.3-includr-rrpznsrs-irx:urred-in-t}te-repair-or replacement-of-arty-irLwfed-property-(including-but-not And ChffgeS of eFgineffS An Architects); At StUfed Ht the Sit or-at-another-1 teation-that-was-Agreed-to-in-writing-by provided the Ave beeFl included -in an Applie---:. for Paynt&+-reeommendeby ENIGNESWand �:6-Abe-matntAFneel aF e11rGF-until-�knul-payment-IS made unlem eAherwise Agreed to in writing by 041" ICD C-044R GTTO ! CTir'l\PC'D .:>l, thirty-clays-wriFt�;-, n,��-te-cash-<tttteFaddiFionAt been issued- - h baile as-may-be-required-by-the-Supplementary-�t)nditions-tx T{3R-s;ubsoAtra uw- l� q ' 4faal enher parsens o�antities ts-deemed to hflve-arrinsureble-intar�ftrtd-sltAtNx-ttst�l-as Al insured 5ig. All the pokieie4 e, iH- Lthe� -,_-,denee .._ et,-FLOO FagU4ed hesed and maintained-by-OW�R-in-accordance-wit)t-peragraphs -:6 cetvarage-atFordee)-will-not-be-cancelled-or-materiniky charrged-or-renewal-refused-until-at-least-thirty-days'-prior written•-notice-has-been-giran-to-OWNER--and GONTRAC4OR and to eaelt ether additional insufed to whont-a-certificate-of-insurance-has-been-issued-and-will coma ui—waiver—provisions—in—accorda nee —with pri ph"- 11. 5.9. OWNER shall not be responsible for purchasing and maintaining any property ins-urance to protect the interests of CONTRACTOR, Subcontractors or others in the WoFl, to the extent of itny dedwitible amounts !hat Hfe identified-in-the-5upplcme-ntery-6onditiew. The -risk -of such-Ioss-ar;l if-anv-of-them-wishes-property-insurttnw CoverArgr-within-the-limits-of-such-amounts-each-may purchase-and-mainttrin-it-ut-the-purchtlseds owTte.,pansa. S-IEt—if-GOt FTRt.46FO1; requests -in -writing -that -other thereof will be ohinged to GONTRiWTOR by HppFVPF;Hle Change rlyder or 114itten r%moncmo-M "^^ to - EXI)C UENERAL CONDITIONS t 9 t 0.8 (1990 Editim) 10 µ•! CITY OF FORT COLLINS MODIFICATIONS (RL•V 4P-0001 cortrnteneament-o�tha-W�xl:-at-plea-sits-OWNER shall -in "�..�'�nsa-Ott ' r-eFnEx-sash-tither 5-!-!-l•-011WER and-GOAFFRaGFOR-intend-that-All policies-purchased-in-accordance-with-paragrnp)ts-5:6 Subcontractors ENGINEER. EKUNSERIs in !he suppleffleniaf�. c-anditions to be listed a insureds-or-additional-insureds-in-such-potieies-and s-Aad damages caused by -the -perils ceN Bred theFeb}'-All in -the-e nt- - d mage dw M1SF]rerS-wflt-have; A&+ightsro-reEAVary-against Any of Fhe--FnStfrCdS—Or—afi(IrFlOntrlru...-..-.p�,`�_vl.. >I...��r`,a>. •`•laucr. e the nd >hei-re---F fivec)ft- _xroFs. dtrestor--enl ployegew.4br-all-4e%e--and a..I of the perils -severed by -sash panties and -any in addition, wAive -11 sueh aka ijtrbeoitFrftEFA( Al "4,P"t ^ u C r Consultants —and —ail -other -persons -or -entities -identified liSled ,..I+ .,.,1 1....,..... find .!amages t of -the obove �„•,:'� erq shall et,,,a extend theRue „lief. that toAking such-wftiveFatay have to the-proeeeds-of in-awane` held by OWN k a -- ••,M._r.:.;•.� paynNe-under-any-pol icy -set -issued - against COv'FRr\6TOR, Subcontmettxs; Rs-Fetnttttants-And--the officers-directors-einployees-and-agents-ol•-nny of thane -fix: of-use-nr-othe�conse�quential-Icrss-e�ctending bayonet-direct-physical-loss-ot-damage-to arising-out-etf or-resulting-front-fire-oFOFlta�peril; whether-or--trot-insured-by OW1V1;R and 571-1 31 loss -or -damage -to -the -completed resultiiii;-from-fire-or other-insured-per-ik-eovered by-tt . tearing partial—utiliattion—pursutint—to paretgaph-14-IO.-after SubstanttAl—C-onipletNM pursutmt-to ptirtit ruph-14-b-or--aller-final-payment rrrt _. - fleet -that u....- event- f pay ent of my 5Z less; damage of comgequential—lm,. tt„ : ,ill have no Fights o 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. 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 James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director Rev10/20/07 Section 00100 Page 2 recovery- aga inst- a ny- of-GONTRA6TOR-Subcontractors; dirtw Receipt andAppLication of Insurance Proeeerly: 5.12. Any insured loss under the policies of insurance required by paragrtphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER stall 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 no other .special agreement is reached the damaged Work shall he repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any Ions with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. if such objection he made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers end -if- rty-jn for the Acceptance ofBondc and Insurance; Option to Replace: 5.14. If either C4N %kGTG OWNER has any objection to the coverage atTorded by or other provisions of the Loomis -or insurance required to be purchased and maintained by the other —party CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting -party -shall -so -notify -the -other -party OVVNTER will notify (tee; NTk.r\CI'OR in writing within tit fifteen days after receipt delivery of the certificates (or -other -evidence requested) to OWN`6Rrequired by paragraph 2.7. other-such-additional-infemnation-in-respect-oP-insurance provided-trs-tha-other--mav-reasonably-request-lf-either party -does -not -pure Lase -or -maintain -all -of -the -Bonds -•and insurn me-requi reel-of-such-prary-by-die-Contract PRAY irm writirig-of-such-Itiilure-terpuichase-prior-to-the-start-of-the Work, OF of-such-frtifurato mairttain prior to any-shtinge-in the-requ ejudtce-te-eh�r-right or-remedy-the-W bar-lenity-ray-elect-to-otxuin-equivulerit Bonds-or-Insurn,x-to-protect-such•other-parry's-interests-at the-expxnseroi�the-piety-what-was-roqu need-toprov ieWsuch (=0ntrtl(il-I?f ICC•aeCtM'dltlely- Partial Utilization -Property! Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC GENERAL. CONDITIONS 19I0.3 (19" Edition) w! CITY OF FORT CMLINS MODIFICATIONS (Rh V 42000) Completion of all the Work, such use or occupancy may he accomplished in accordance with paragraph 14.111r provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby- The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canoelled or permitted to lapse on account of any such partial use or occupancy. ARTICl,E 6-CON'rRACTOR'S RESPONSIBILITIES .Supenision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means methods, techniques, sequences and procedures of construction, but CChNTRACI'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 construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to sue that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except tattler extraordinary circunnstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as ifgiven to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct Brae Work as required by the Contract Documents. CONTRACTOR shall at all times maintain aocxl discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any, legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to he Performed on Saturdav, Sunday, Holidays or outside the Regular Working Hours. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials. equipment. labor. transportation, construction equipment and machinery, tools, appliances, fuel power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4.1. Purchasing ReStFiUtiQM: CONTR-ACTOR must comply with the City'.s purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the Citv Clerk's office. 6.4.2. 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 bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of Olga IER. if required by F. NGNF,FR, CONTRACTOR shall fumish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment All materials and equipment shall he applied, installed, connected, erected used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or N ilestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Nfilestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Sub+rilutesand "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a ,articular Supplier, the specification or description is intended to establish the type, function and quality required Unless the specification or description EXI)C GENERA. CONDITIONS 1910-3 (1990 Edtim) w! CITY OF FORT COLLI NS MODIFICAMNS (REy 4P_000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. 'Or -Equal". If in ENGfANEER's sole discretion an item of material or equipment propued by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by PNGINEE.;R as an "or -equal" item, in which case review and approval of the proposed item may, in E.'NG[NF.:EK's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: if in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item trader subparagraph 6.7.1.1, it will be considered a proposed substitute item. CON'I'RAUI'OR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure tier review by the ENGNEER will include the following as supplemented in the Geneml Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by EN'GiNEER from anyone other than CONTRACTOR If CONTRACTOR wishes to fumish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the flame uqc as that specified The application will state the extent, if any, to which the evaluation anti acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. MI variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute. 63.1.3. COi R4CTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "orequal" or substitute item will be at CON'f RAC'f OR's expense. 6.7.2. Substitute Constnrc•tion '11edJocG or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method. technique, sequence or procedure of construction acceptable to ENGINEER. CON'I•RACT'OR shall submit sufficient information to allow ENGINEER, in ENGINP.FWs sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.:3. F.ngineet'v Evaluation: FNGINITA will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will he ordered, installed or utilized without ENGINEFR's prior written acceptance which will be evidenced by either a Change Order or an approved Shop IDTiwing. OWNER may require CONTRACTOR to furnish at CONfRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal' or substitute. ENGLNEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7,1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any otter direct contract with OWNF..R for work on the Project) c=nsioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGfNTEER's Consultants for evaluating each such proposed substitute item. 6_8. Concerning Subcontractors, Suppliers and Others: 6.8.1. C'ON" Tb\C*TOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGLNEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EXI)CGENERAL. CONDITIONS 1910-8 (1M Editicn) col CITY OG PORT COLLINS MODIFICATIONS (RL•-V d2000) 6_9. CONTRACTOR shall perform not less than 20 INrcent of the Work with its own forces (that is, without subcontracting). The 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price. 6.8.2. If—the--Supplementary—Gonclitions Bidding Documents require the identity of certain Subcontractors. Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in -advance -of -the -specified darn prior to the Effective Date of the Agreement for acceptance by OWNER and I NGINF'ER,—and—i(' thereof in aceerdanue with !he Supp! m menttar}-Gentli6efis_. OWNER'S or ENGINF.ER's accepLance (either in writing or by failing to make, written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any -such- uhcontractor, Supphi r-or-other-person-or tien !%3 identified may he an the i ,.a.,. a.,investigation such-substitution-and-an-appropriate-Ehange-Order wifl be issued of Written Amendme ig�zd: will constitute a condition of the Contract requiring the use of the named subcontractors, supplier-, or other persons or organisation on the Work unless prior written approval is obtained from OWNER and ENGINEER. No acceptance by OWNER or ENGINEFR of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNk R or ,NCTINFF.;R to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractor.% Suppliers and other persons and organizations performing or furnishing any of the Work Under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTR\CTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization an,, - contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization. nor shall it create any obligation on the part of OII'NTER or ENGINEER to pay or to sec 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 Regulations. OWNER or ENGINEER may furnish to anv subcontractor, supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment". 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CON'IRACI'OR_ CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGNEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of any Dmwings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11, All Work performed for CONTRACI'(JR by a 3ubcontraLtor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENCYLINF :ER. lathe he Agreement be thA C(3i�R-r16TE3R-and-alma-Sulx:cxttractor-or Supplier -will L adadotwoal-.z e- gm I,i arising ottt of cmFresttlting fionratn�eftFtrperils ecwerzd by a..-"*-t..,elieies; ran the-Work—1 Fthe-itt curers -on -a ny-sueh-pot ieies-require Patent Fees and Royalties: 6.12. CONTRACTOR shall piny all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which 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 in the performance of the Work and if to the actual knowledge of OIVNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence 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 harmless OWNER, ENGINEER, ENGNEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design process; product or device not specified in the Contract Documents. FXDC GENERAL. CONDITIONS 19105 (1990 Edition l w1 CITY OF FORT COLLINS MODIFICATIONS (.REV-10000) Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the 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 Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONCRt\CCOR shall give all notices and comply with all Laws and Regulations applicable to furmshing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONrRACI'OR'.s compliance with any Lass or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Spccitcations and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONE RACTOR's obligations under paragraph 3.3.2. Taxes 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6,15.1. OWNER is exempt from Colorado State and loc-il sales and use taxes on materials to be permanently incorporated into the project. Said taxes shall not be included in the Contract Price. CONfRACI'OR must apply for. and receive. a Certificate of Exemption from the Colorado Department of Revenue for construction materials to be, phvsiatlly incorporated into the project. This Certification of Exem tip on provides that the CONTRACTOR shall neither pay nor include in his Bid, Sales and Use Taxes on those building Land Construction materials physically incorporated into the project. Address: Colorado Department of Revenue State Capital annex 1374; Sherman Street Denver, Coloraula 80261 Sales and Use Tastes for the State of Colorado Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and building materials Physically inc Wgrated into the project are to he paid by CONTRACTOR and are to be included in appropriate bid items. Use ojPrendws.- 6.16, CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and casements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or arcs, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly si9tle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest cxient permitted by Laws and Regulations, indemnify and hold harmless OkXNI ER, ENGNEER 0,JGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER- ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises Gee 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 shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the tVork or adjacent property to stresses or pressures that will endanger it. Record Documents., UMC GENER 1L CONDrnONS 191" (1990 Edition) we CITY OF FORT COLLI N.S MODIFICATIONS (REV d0000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda. Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents. Samples and Shop Drawings will be delivered to PING I'NP,PR for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety oC and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may he affected by the Work; 6.20:1 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the -,ire 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 construction. CONTRACTOR. shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and ;Imll erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may atTect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in par, by CONTRACTOR, any Subcontractor. Supplier or any other person or organization 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. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACI'OR's duties and responsihilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21_ SafelyRepresentative, CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Contmunicalion Programs: 6.22. CONTRACTOR 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 taws or Regulations. F:ntergenciex 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorirrtion from OWNER or FNGff, ER, is obligated to act to prevent threatened damage, utjury or loss. CONTRACTOR 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 therebv. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24, Shop Drawings and Samples. 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data showmn on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGD.TEER the materials and equipment CON'rPACI'OR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6242. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said 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 ENGINEER to review the submittal for the limited EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition) w/CITY OF FORT COLLINS NIODIFICA'rtONS (REV,10000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures. 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performaneeofthe Work, and 625.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations 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 shall give ENGG3EER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from die submittal; anal, in addition, shall curse a specific notation to be made on each Shop Drawing and Sample submitted to ENGfNEER for review and approval of each such variation. 6.26. ENGM-ER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals. accepted by ENGINEER as required by paragraph 2.9. ENGENEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible.with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER'S review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which 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 LTIGMTEER on previous submittals. 627. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGIINEER's attention to each such variation at the time of submission as requircd by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR front responsibility for complying with the requirements of paragraph 6.25.1. 6.23. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by F.NGMI ER as required by paragraph 2.9, any related Work performed prior to ENGINEER'S review and approval of the pertinent submittal will he at the sole expense and responsibility of C'ONTRAC,rOR. Continuing floe Work. 6:29. CONTRACTOR shall can-v on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work sliall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OW?TER and CONTRACTOR may otherwise agree in writing. 630. CONTRACTOR's General MarrantV and Guarantee. 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGMEER.and ENGfNEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRA(--rOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2: CONTRACTOR's 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 E.ICUCGENERAL CONDMONS 1910-3 (1990 Edtion) w/ CITY Of FOR,r COLLIDiSmomt icxrIONS (RLV dlL000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work- in accordance with the Contract Documents: 6.30.2.1. observations by ENGMTEER 6.30.2.2. recommendation of any progress or fatal payment by ENGLNEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5, any acceptance by OWNER or any failure to do so: 6.30 2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7, any inspection, test or approval IA., others; or 6.30.2.8. any correction of defective Work by OWNER. lndenwifocation: 631. To the fullest extent permitted by laws and Rcgulatiorts, CONTRACTOR shall indemnify and hold harmless 'OWNER, ENGINEER, ENGINEEWs Consultants and the officers, directors, employees, agents and other consultants of each and anv of them from and against all claims, costs, losses and damages (including, but not limited to, all tees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury-, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent actor omission of CONTRACTOR any Subcontractor, any Supplier, any person or organization 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 part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents. officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR. any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perfomi or furnish any of the Work or anyone for whose acts any of them may be liable, the, indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation 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 workers compensation acts, disability benefit acts or other employee benefit acts. 6.33. T'he indemnification obligations of CONTRACTOR under paragraph 631 shall not extend to the liability of ENGINEER and ENGINEER's Consultants. officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligarion.v 6,34, All representations, indemnifications, wan -antics and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--OTFfF.R WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWN`ER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utifity owners. If the fact that such other work is to be Performed was not noted in the Contract Docwments, then: (i) written notice thereof will be given to CONI M\CTOR prior to starting any such other work and (ii) CONTRACTOR may make a claun therefor as provided in Articles I 1 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof 7.2. CONTRACTOR shall atlord 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 OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and siorage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents. CONTRACTOR shall do all cuttin& fitting and patching of the Work that may be required to male its several parts come together properly- and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting. excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRA(71'OR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable E:JCDCGENER.-U. CONUMONS 1910-8 (:1990 Editim') I w/ CITY OF FORT COLLINS MODIFICAMNS (RtiV •1I_000j provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors: 7.3. If the proper execution or results of any part of CONTRAUMR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as tit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Caardfination: 7.4. 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 person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will he identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. lJnlcss otherwise provided in the Supplementary Conditions, MNI FR shall have sole authority and responsibility in respect of such coordination. ARTICLE 8-OWE-ER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENG WEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whom-c30N=FR.AC-T-GR-makes-no-reawrable-objection; whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. 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 paragraphs 14.4 and 14.13. 8.4. OWIIER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in pardgraphs 4.l and 4.4. Paragraph 4? refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing stntetures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. shasiag ttad-rtteintairting-liabilih--end-praprt#y-insttrancr-ures-set fatt}t•inpamgraphs 5:5•through �-1FJ: S.G. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4: 8.7. OWV NT_R's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. S.R. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 13.1. Paragraph 15:2 deals with OWNER'S right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for. CON'rRACI'OR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perforinance of the Work. OWNER will not b; responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.10. (= %V4 k•"„ter' MgPSF ihiliti d Asbestos; -K41st,--Pri,mnnt, kla;^ Isla -OF Radioaetive-It4ater-ials-ttneovered-or-revealed at the -site -is s*A ragmph 1.4. 8.11-1f Find to the extent G4W?4ERHas-agreed-to-t6tritish �n•unr• •riu C-e-. =Y..I,, fin, 'A: ,,.,Rnsial arratngaments-tiara-been-mada-to-satisfy-0«'NLsR-'s oblieatioret--tt d--Ca:=rriz-L>tteunaa3-OW responsibility -in -respect -thereof -will -be -as -sat forth-iri-the 5upplennentary-Comiiti6ins7 ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 01t NER's Representative: 9.1. ENGNEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and GNGQNMER I%ruts to site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGL�t-EER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDCOENERAL CONDITIONS 1919-s p990 E(ution') col CITY OF FORT COLLI NS .NIODIFICA,r1ONS (REV 4(l000) that has been made and the quality of the various aspects of CONTRAC_TOR's executed Work_ Based on information obtained during such visits and observations. LNGMER 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 continuous on - site inspections to check the quality or quantity of the Work. ENGTNEI;R's efforts will be directed toward providing for OWNER a treater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, F.'NC:INEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER. - visits and on -site observations are ;uhject to all the limitations on ENGINEER's authority and responsibility set forth in paragaph 9.13, and particularly, but without limitation during or as a result of ENGINEER's on -site visits or observations of CONTRACPOR's Work NGN EEER will not supervise, direct, control or have authority over or he responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Rcgulationn applicable to the furnishing or performance of the Work. Project Representative: 9.3, If OWNER and ENGINEER agrea, ENGi,NEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. 'Thc responsibilities and authority and limitations thereon of any such Resident project Representative and assistants will be as provided in pamgmphs 9.3 and 9.13 and in theme pla:::entttfy Conditions of these General Conditions. If OWNNER designates another representative or agent to represent OWNER at the site who is not ENGNEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in theGenjitimparagrnp�3 of these General Conditions if the FNGiNffR furnishes a Resident Project Representative {— or other assistants, or if the MWER designates a Representative or agent, all as provided in pemgraph 9.3 of the General Conditions, these Representatives shall have the authority. and limitations as provided in paragraph 9.13 of the General Conditions and shall be subiect to the following_ 9.3. 1 The Representative's dealings in matters pertaining to the on -site work will, in general be with the ENGINEER and CONTRACTOR. But, the Representative will keep the OWtiER propeLly advised about such matters. The Representative's dealintts with subcontractors will only be through or with the full knowleolee and approval of the CONTRACTOR. 9.3.2. Duties and Responsibilities. Representative will: 9.3.2.1. Schedules - Review the progress 19. schedule and other schedules prepared by the CONTRACTOR and consult with the ENGLNEER concerning acceptability. 9.3.2.2. Conferences and Meeting - Attend meeting with the CON t'RA( f(.')R such as preconstruction conferencespgn�ess meetings and other rob conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 9.3.2.3.1. Serve as PNIGINEFR'S linison with CONTRACTOR trorking principally through CONTRACTOR'S superintendent to assist the CON'I'RACI'OR in understanding the Contract Documents. 9.3.2.3.2. Assist in obtaininsz from OWNER additional details or information, when required. for proper execution of the Work. 9.3.2.3.3, Advise the FNGINFER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing, or -rumple submission if the submission has not been approved by the ENGINTEFR. 9.3.2A.Review of Work, Rejection of Defective tYork Inspections and Tests - 9.3.2.4.I. Conduct on -site observations of the Work in progress to assist tla- ENGINEER in determining that the Work is proceeding in accordance with the Contract Documents. 93.2.4.2. Report to the FNGINFER whenever the Representative believes that the Work is unsatisfacton% f, gully or defective or does not cot&rnm to the Contmct Documents, or has been damaged- or does not meet the requirements of am inspections tests or approvals required to be made and advise the ENGINEER when he believes work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9,3.2.43. AccomMa visiting ins eclors representing public or other agencies having juristliclion over the Prgject. record the results of these inspections and report to the ENG INFER. 9.3.2.-5. Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the ENGINEER 9.3.2.6. Modifications. Consider and evslunte CONTRACTOR'S suggestions for 70 F?JCUCG6"Nlita1.GUNUl770NSt910-8(1990E�timi w/ CI'IY OF FORT COLLI NS NIODIIFICA770NS tREV dld000) modification in Drawings or Specifications and report these recommendations to ENGINEER. Accurately transmit to CONTRACTOR decisions issued by the ENGINEER 9.3.2.7. Records. Progress reports and other protect documents. 9.3.2.7.2. Keep a diary, dailv report form, or log book, recordiimg hours on the job site, weather conditions data relative to questions of work directive changes Change Orders, or changed conditions, list of job site visitors, daily activities, decisions, observations in gencral and .specific ol)servations in more detail as in the case of observing test procedures send copies to the ENGINEFRR. 9.3.2.7.3. Record names, addresses and telephone numbers of all CONTRACTORS. subcontractors and ma'or supplicrs of equipment and materials. 9.3.2.8. Reports. 9.3.2.8.1. Furnish ENG NT-ER periodic reports. as required, of the progress oC the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shop Drawing and sample submittals, 9.3.2.8.2. Consult with LNGINBHR in advance of schedulipL major tests inspections or start of important p1rises of the Work. 9.3.2.8.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from the CONI'RACI'OR and recommend to ENGINEER Change Orders. Work Directive Clyames and field orders 9328A Report immediately to ENGNNEER and OWNER the occurrence of anv accident. 932.9. Payment Requests. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to SECTION 00100 INSTRUCTIONS TO BIDDERS Rev 10/20/07 Section 00100 Page 3 ENGINEER noting, particularly the relationship of the pavment requested to the schedule of values work completed and materials and equipment delivered at the site but not incorporated in the 1Vork. 9.3.2.10. Completion 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items reuuirina correction or completion 9.3.2.10.2. Conduct final inspection in the eompanv of the ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be corrected Or completed. 9.3.2.10.3. Observe that all items on the final list have heen corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3_ Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize anv deviations. from the Contract Documents, or accept any substitute materials or equipment unless authorized by the ENGINEER. 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents. 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR. Subcontractors, or r0\?TRiKTOR'S suRerinten&-nt. 2.3.3.4. Advise on or issue directions relative to, or assume control over any aspect of the means methods, techniques. sequences or procedures kir colt truction�unlzss such is specifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions re a rding or assume control over safety precautions and pro ams in connections with the Work. 9.3.3.6. Accept Shop Drawings or sample submittals from anvone other than the CONTRACTOR 9.3.3.7, Authorize OWNER to occurw the Work in whole or in part. 9.3.3.8. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the ENGINEER. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJC DCGENERAL COMMONS 1910-3 (1990 E(ition) w! CITYOF FORT COLLINS NioDu;ICATIONS (REV 4r000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding 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 Times and the parties are unable to agree to the amount or extent thereof if any. OWNER or CONTRACTOR may make a written claim therefor as provided in Article I I or Article 12. Authorized Variations in (Durk: 9.5. ENGINEER may authorize minor variation-, in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on C:ONTRACI'OR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Orderjustilies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I l or 12. Rejecting Defective Work 9.6. ENGINEER will have authority to disapprove or reject Work which ENGNI EE.R believes to be def Give, 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 or not the Work is fabrik-ited, installed or completed. Shop Drawings, Change Orders and Paymnents: 9.7. In connection with ENGNEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGNEER's authority as to Charge Orders, see Articles 10. 11. and 12. 9.9. In connection with ENGNEER's authority as to Applications for Payment, see Article 14. Determinations fir Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGIINTEER will review with CONTRACTOR the ENGINEI R's preliminary determinations on such matters before rendering a written decision thereon (hy recommendation of an Application for Payment or otherwise). EATGINELR's written decision thereon will be final and binding upon OWNER and CONTRACTOR. unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from F,NGIN6ER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no.such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGiNEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11, Decisions on Disputes: 9.11. FNG[NEEER will he 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 acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 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 ENGINEER and the other party within suety days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other 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 FNGfNEF,R allows additional time). k 4GMER will render a formal decision in writing within thirty days alter receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENG[NEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A. "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGMTEER's written decision is delivered by OWNER or CONTRACTOR to the other and to LNGIN-EER within thirty clays after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party 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 EJCDCUENEILAL CONDITIONS 1910a3 (1990 E(itim) 72 w/ CITY OFFORT COLLINSMODIIICATIONS(REV4P000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under paragraphs9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENG11i LEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of Canal payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter puFsuunt to Artiele W. 9.13. Limitations on ENGINEER's Authority and Respoinibilitiec: 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGNEER shall create, impose or give rise to any duty owed by CJGLLEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.133. ENI GINEEER will not supervise, direct, control or have authority over or be responsible For CONTRACTOR's means, methods, tecitrucpaes, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appheable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish 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 any Subcontractor, any Supplier, or of any other person or organization performing or famishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions schedules. guarantees, Bonds aril certificates of.inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limmitioms upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10-04t NGIS IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions. deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such dcx:ument, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor is provided in Article 11 or Article 12, 10.3. CONTRACTOR shall not be entitled torn increase in the Contract Price or an extension of the Contract Tunes with respect 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 emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.3. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written :Amendments) covering: 10.41. . changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (u) required beehuse of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iu) agreed to by the ponies, 10.42. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times 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 Documents and applicable Laws and Regulations, but during any such appeal. CONTRACTOR shall carry on the Work and adhere .to the progress schedule as provided in paragraph 6.29. 10.5. if notice of any change affecting the general scope of the Work or the provisions of the Contract Documents MIX GENERAL CONDITIONS 1910-8 (1990 Edition) W/ CITY OF FORT COLLINS MODIFICATIONS (REV ,10000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR'S responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE: Il—CFULNGE OF'CONTRACI' PRICE I Ll. The Contract Prig; constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for pertiirming the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall he atC:)NI-RACfOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendmea Any claim for an adjustment in the Contract Price shall be loosed on written notice delivered by die party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of die claim. Notice of the amount of the claim with supporting data shall be delivered within sixty okays 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 ticcompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as fulluws: I1.3.1. where the. Work involved is covered by unit prices contained in the Contract Document-, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6 2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (detenmined as provided in paragraph 11.6). Cost ojthe Work: 11.4, The term Cast of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may he agreed to in writing by O\VNM such costs shall he in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1.Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work tinder schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed Hill -tune on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include -but -not be limited to; salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compernsation, health aril -retirement benefits, —bonuses; applicable thereto. The exTkmses of performing 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. Cost of all materials and equipment furnished and incorporated in the Work including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make paymments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates tad refunds and returns.liom sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained.. 11.4.3. Paynments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, EA;DCOENERALC:OND111ONS19WS(1990Editim) ?4 w/ CITY OF FORT COLLI M NIODIFICA'nONS (REV 471000) 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 paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of time Work and fee shall be determined in the same manner as CONTRACTOR's Cost .of the Work and fee as provided In paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. I IAA. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRAC.TOW.- employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cast, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.53. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of EN`Gh\T-ER, and the costs of transportation, loading, unloadine, installation, dismantling and removal thereof —all in accordance with teams of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of their may be liable, and royalty payments and lees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) causal by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONI'RAC'1'OR, any Subcontractor, or anyone directly or indirectly employed by any of them or 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 in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage . requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 1 1.6.2. 11-4.5.7. The cost of utilitim fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, c�Tressage and similar petty cash items in connection with the Work. 11.4.5.9. Cast of premiums for additional Bonds and insurance required because of changes in the Work. I 1.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll cost% and other compensation of CONTRACTOR's officers, executives, principaLs (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph l 1A.4-all of which are to be considered administrative costs covered by the CONTRACTOR's fee. t 1.5 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOWs capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. t 1.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EJCDCGENERAL CONDITIONS 1919-8(19W E(lition) w/ CITY OF FORT COLLI M MODIFICATIONS tRL•'V'L?000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of dr%ctive Work, disposal of materials or equipment wTongly supplied and making good any damage to properly. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's tee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fired fee: or 11.6.2. if a fixed fee is not weed upon, then a fee based on the following percentages of the various portions of the Cost of the Work; 11.6.2.1. for casts incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be rive percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cast of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4-3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be plaid a fee of fifteen percent of the casts incurred liv such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that anv higher tier Subcontractor and CONTRACTOR wilt each be paid a fee-of-five-percent-of-the-amotmt-paii-to the next -lower -tier -Subcontractor; to be negotiatea in good faith with the OWNER but not to exceed Five pt:reent of the amount paid to the neat lower tier Subcontractor. 11.6:2.4. no fee shall be payable on the oasis of costs itemized under paragraphs 11.4.4, l 1.45 and l 1.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by anamount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTR:4CTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 1 1.6.2.5, inclusive. 11.7. Whenever the cost of arty Work is to be 25 determined pursuant to paragraphs 11.4 and t 1.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGM-ER an item ized cost breakdown together with supporting data. Cash .411onances: I l.g. It is understood that CONTRACTOR has included in the Contract Price all allowances so 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 ENGINEER_ CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, 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 be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work. 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the suns of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONrfRACTOR's overhead and profit for each separately identified item. 11.9.3.0WNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article I I if. 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement-, FXDCGENI;TUAL CONDITIONS 1910-8 (1990 Editiml �6 a7 CITY OF FORT COLLI M MODII•iCATIONS (REV 42000) and 119.3 there is no corresponding adjustment with respect to any other item of Work; and 119.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNF;R has the right to add or delete items in the Bid or change quantities at OWNER'S sole discretion without aftectina the Contract Price of anv remaining, item so lone as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12--C H NGE OFCON'rRACT rti% Es 12.1. The Contract 'Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or IMilesloris) shall he based on written notice delivered by the party making the claim to the other party and to FNGINFFR promptly (hut in no event later than thirty 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 claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINFFR allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written slatement that the adjustment claimed is .the entire adjustment to which the claimant has reason to befieve it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Nlilestones) shall be determined by F,NGINFF..R in accordance with paragraph 9.l l of OINWE•R and CONTIU\CTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or vfilestoncs) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3: Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Nfilestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but net 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, fires, floods. epidemic&. abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or ;Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Nfilestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization or to any surety for or employee or agent of any of them, for damages arising, out of or resulting from (i) delays caused by or within the control of the CONi'RACI'OR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods. epidemics abnormal weather conditions, acts of food or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTiCLEi 13--TEyrs AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF Dh7.7CTIYT WORK 13.1. Notice of Defects: Prompt notice of all &fecrive Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER ENGINEER ENGINEER'S Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable —times for their observation, inspecting and testing. CONTR ACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTR \CTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspettin and testing personnel to facilitate required inspections or tests. 13.4. 064NER shall employ and pray for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below. 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EJCDCGENERAL CONDITIONS 1910-8 (1990 Editim) car CiTY OF FORT COLLINS DIODIFIC,ITIONS (REV ,IQ000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. 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, CONTRACIOR shall assume full responsibility for arranging and obtaining such inspections, testsorapprovals. pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection. or approval. CONERAC'i'OR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and Et GINE.: 'R's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CO\TRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, he uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13,6 shall be at CON'I'RACI'OR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Ifnemwring Work: 13.8. If anv Work is covered contrary to the written request of ENGINEER, it most, if requested by ENGINEER, be uncovered for ENGINEEWs observation and replaced at CONTRACTOR's expense. 13.9. if FNGM. , F,R considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as I11a GINEER may require, that portion of the Work in question, furnishing all necessary taNwr, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering. exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair 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 is not found to be c£Jec&e, CONTRACTOR shall he allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering exposure, observation, inspection, testing, replacement and reconstruction; anti, if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12. 010NER :11ay Stop the IVork: 13.10. If the Work is defective, or CONTRACTOR Cads to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACH)R to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shal I not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 1.3.11. If required by ENGINEER, CONTPACI'OR shall promptly, as directed, either correct all defective Work,' whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CON,rp-AC:I.OR shall pay all claims, casts, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period• 13.12.1. If within one Yea two vears after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the teats of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such,defeclive Wort:, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs. losses and damages caused 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 C'O`7RACTOR 13.12.2.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work. the correction period for that item may start to run from an earlier date if so provided in the Specificalions or by Written Amendment 13.12.3. Where de/Mive Wort: (and damage to other 7b E XDC GENERAL. CONDITIONS 1910-3 (1990 Edition) wtCITY OF FORT COLLIM &fODIFICATIONS (REV 4200W) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of otlyeof tw•o vears after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If. instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINTEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (.such costa to be approved by ENGIrN'EER as to reasonableness). If any such acceptance occurs prior to ENCIINEER's recommendation of final payment, a Change Order will be issued incorporating 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, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 01PNER 11a1' Correct Defective Work: 13,14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remote and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In cormectiori with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWN1R OWNER's representatives, agents and employees, OWNER's other contractors and ENGME-R and aIGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract ['rice, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claim-, casts, lasses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNERS rights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Palmex- 14.1, The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be. incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Mwgresv Payment 14.2. At least twenty days before the date established for each progress payment tout not more often than once a month), CONTRACTOR shall submit to ENGINEER for review, an App[ication for Payment tilled out and signed by CONTRAC TOR covering the Wort: completed as of the date of the Application and accompanied by such supporting documentation as is required 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 kwation agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and tither arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNFR. The amount of retainage with respect to progress Payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodianship. By a czcutin c _lppliwtion for payment form the CONTRACTOR eexpressly waives his right to the benefits of Colorado Revised Statutes. Section 24-91-101, et sect. COATR-1 CTOR 's lVarranly of Title: 143. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment Gee and clear of all Liens. Review of.4pplieations for Progrrm Payment 14.4. ENGINEER will. within ten days after receipt of each Application for Payment, either indicate in writing n UMC GENER AL CONDITIONS 1910-3 (1990 Edtion) cot CITY Of FORT COLLI NS MODIFICATIONS (REV AlZ000) recommendation of payment and present the. Application to OW1\T-R, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGh\tEERs 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 14.5. IsNGINhPR's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on I NGINF ER's on -site observations of the c.xecuted Work as an experienced and qualified design professional and on ENGINEERs review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEERS knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualiticatiom stated in the recommendation), and 14.5.:3. the conditions precedent to CONTRACTORS being entitled to such payment appear to have been fulfilled insofar as it is ENG INEER's responsibility to observe the Work. However, by recommending anv such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site 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 (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNTER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Re6ulations applicable to the lumishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion. it would be incorrect to make the representations 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 subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14. or 14.7.4. L'IGIrNEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2. t through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended b; FNGINF.FR because: 14.75. claims have heen made against OWNER on account of CONTRACI'OR's performance or furnishing of the Work, 14.7.6. 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 14.7.7. there arc other items entitling OWNF..R to a set- offagainst the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14,7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to FNGINF,F.R) stating the reasons tier such action and promptly pay CONTRACTOR the amount so withheld, or. any adjustment thereto ageed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that LNNGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and LNGMER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER E:JCDC GENERAL CONDITIONS 1910-5 (1990 Edition ) 30 w/ CITY OF FORTCOLLIM MODIFICATIONS (REV •111000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall Ex the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considerin4 such objections. ENGINEER concludes that the Work Is not substantially complete, ENGLNTEER will within fourteen days after submission of the tentative certificate to OWNTER notify CON'I'RAC'rOR in writing, stating the reasons therefor. If. after consideration of OWNFR's objections, ENGINEER considers the Work substantially complete; ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion .ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, feat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree: otherwise in writing and so inform ENGINEER in writing prior to ENGINFER's issuing the definitive certificate of Substantial Completion, ENGINIEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONI'RACI'OR from the Work after the date of Substantial Completion, but OWNER shall allow CONTR-ACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OW'NF.R at OWNFR's option of any substantially completed part of the Wort:, which: (i) has specifically been identified in the Contract Doc:umenis, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the \fork, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.I.OIVNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete, if CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work.