Loading...
HomeMy WebLinkAbout476185 AMERICAN CIVIL CONSTRUCTORS - CONTRACT - BID - 7161 COLLEGE AVENUE AND HARMONY ROAD LANDSCAPE AND URBAN DESIGN' City of Financial Services -( Purchasing Division F6rt 215 N. Mason St. 2n° Floor PO Box 580 Collins, Fort Collins, CO 80522 ' 21.6775 �',Purchasinj- 970.221.670707fcgov.com/purchasing ADDENDUM No. 1 ' SPECIFICATIONS AND CONTRACT DOCUMENTS ' Description of Bid: 7161 College Avenue and Harmony Road Landscape and Urban Design Improvements OPENING DATE: 3:00 P.M. (Our Clock) August 10, 2010 To all prospective bidders under the specifications and contract documents described above, the following additions are -hereby made. Revisions to specifications that includes :omitted sections from the original bid document. Added sections include: • 01270 Unit Prices • 01330 Submittal Procedures ' • 01570 Traffic -Control • 01770'Closeout Procedures • 01781 Project Record Documents ' • 01820. Demo and Training • 02380 Site Rock Work •. 02810 Irrigation ' • 02870 Site Furnishings • 02920 Lawns and Grasses ' Please contact John D. Stephen, CPPO, LEED AP, 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. Page 4- 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 3.2 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. 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. 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: 1. "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 Page -10- ED GARSIDE Director of Operations merican ivil ' onstructors Qualifications: Mr. Garside has over 30 years of horizontal/vertical construction and site development experience. He provides technical knowledge, construction management skills and leadership in the planning and execution for site development projects. Mr. Garside has a great deal of experience with constructing and re -constructing pedestrian access to business and retail stores. Experience: 2005-Present American Civil Constructors, Inc., Littleton, Colorado. Operations Manager. Responsibilities include Project and Construction Management. Evaluates and prioritizes Project schedules, manpower and equipment resources ensuring milestones are met and successful completion. Provides liaison with architects/engineers; clients and construction teams. Project experience with streetscape elements involving pedestrian and commercial areas includes the following: • Cherry Creek Trail, Denver, CO • The Colony Trail, Dallas, TX • TREX — Southeast Corridor Expansion Project, Denver, CO • Coyote Ranch Redevelopment, .Parker, CO • Madame Walker Park, Denver, CO • Crown Mountain Regional Park, El Jebel, CO • Spring Creek Sports Complex, Aurora, CO 2000-2004 ValleyCrest Landscape Development, Orlando, Florida. Senior Project Manager, Florida Operations. While here; Mr. Garside managed the complete concrete replacement in the Downtown Disney Emporium in Disney World and he managed the complete sidewalk replacement project for downtown Winter Park, Florida. Both of these were done while keeping access to businesses open. 1998-2000 Universal Studios Escape, Islands of Adventure, Seuss Landing, Orlando, Florida. Development Team, Senior Project Manager and Construction Manager. This project involved building a forty acre pedestrian entertainment and retail complex. 1996-1998 Naval Construction Battalion Center Port Hueneme, California. Senior Advisor and Construction Division Director, Public Works Department 1994-1996 U. S. Naval Mobile Construction Battalion FIVE (NMCB5), Port Hueneme, California. Officer in Charge, Operations Chief, Command Master Chief 1991-1994 Naval Air Station, Public Works Department, Patuxent River, Maryland. Construction Division Director 1987-1991 Naval Special Warfare Command, Virginia Beach Virginia. Staff Civil Engineer, Facilities Manager and Construction Programmer/Manager ' mericen JOHN RAMSEY ,vil General Superintendent ®nstructers 1 Qualifications ' Mr. Ramsey's experience in construction spans two decades. His work includes a great deal of streetscape and concrete replacement work. Mr. Ramsey is typically assigned to the larger, more ' complicated projects involving multiple crews, a diverse scope of work and confined work spaces. His past work'includes all facets of site work including landscape, irrigation, pavers, masonry, concrete, site furnishings, and water features. Education ' Bachelors of Science, University of Colorado, Boulder ' Experience 2005-Present American Civil Constructors, Inc., Littleton, Colorado. General ' Superintendent. Responsibilities include the scheduling of personnel and equipment, coordination of subcontractors, and the acquisition of required site materials for either one large project or a combination of 3-5 smaller projects each ' with its own superintendent on site. John is responsible for overall quality of workmanship on ACC's projects. Relevant projects which have streetscape and hardscape elements and in which John has been very involved include: ' e Four Seasons Hotel/Retail Complex, Vail, CO • Cherry Creek Trail, Denver, CO ' • Coyote Ranch Redevelopment, Parker, CO • Bayou Gulch Regional Park, Parker, CO ' • Prairie Meadows Community, Parker, CO • Madame Walker Park, Denver, CO • Vestas Airblade Assembly Complex, Brighton, CO ' • Lowry Great Lawn, Denver, CO • Spring Creek Sports Complex Arapahoe County, CO • Suncor Refinery, Commerce City, CO ' • Hyatt Park Hotel, Beaver Creek, CO ' 1989 - 2005 Ramscapes, Inc. President/Owner Responsibilities included full oversight of personnel, estimating, project management, company financials, and warranties. Types of work included ' concrete, masonry,- landscape, hardscape, irrigation, and water features. I BRAMSEY.00C QUALIFICATIONS FOR College Ave. -Harmony Rd. Landscape & Urban Design Improvements , AMERICAN CIVIL CONSTRUCTORS EXPERIENCE Recent Experience American Civil Constructors, Inc. (ACC) has divided this chapter into two parts. The first part details recent (within five years) and current on -going projects which are relevant to the College Ave. Harmony Rd. Improvements. A detailed list is included on the next pages. This list includes projects like Firewheel Town Center a new urban retail center and TREX, twelve miles of and six stations with landscape and irrigation construction requiring careful access and traffic control for the safety of both our crews and the public. Other'projects include entire streetscapes for new communities, for urban streets like 72"d Avenue in Arvada and Lake Street in Avon, and our current work at Lowry Great Lawn, and in areas where retail businesses need to have constant access during construction. Near Recent Experience ACC has had very little turnover in its company in the last fifteen years. Projects listed below are over five years old, but less than ten, and were completed by project managers and superintendents who are still with ACC in Denver. Our. personnel longevity is evidence of ACC's stability and workplace satisfaction, and it has helped us with ou,r consistency of quality and repeat, satisfied clients. All of these projects have relevance to the CherryCreek North project. Beaver Creek Snowmelt System: ACC removed the pavers in Beaver"Creek Village, installed a snowmelt system, and reinstalled the pavers, all while keeping adjacent businesses open. This project included utilities, bollards and fixtures, site furnishings, and landscape and irrigation. For more information, please contact the Beaver Creek Metropolitan District, Larry Grafel, (970) 845-5790. Commons Park: a very large, nearly ten million dollar park for which ACC was the general contractor. This project Beaver Creek Village, Avon, CO included signage, pavers, walls, landscape and irrigation, shelters, and a lot of special features. For more information, please contact Cal Ward or Ruth Muryama at the City of Denver Parks Department. City of Cuernavaca Park: another large, multi -million dollar park for which ACC was the general contractor. Like Commons Park, this project included a lot of urban features such as walks, walls, bridges, site furnishings, shelters, and landscape and irrigation. Please contact Ruth Muryama with Denver Parks. American Civil Constructors, Inc. (ACC) QUALIFICATIONS FOR College Ave. -Harmony Rd. Landscape &Urban Design Improvements Westland Park: The Westlands Park in Greenwood Village is a $6 million, 12 acre community park tha combines artistic features with open areas. Public art was integrated in to the design to express the theme of a park for all seasons and the design team extended this to embrace the seasons of life. Part of the environmental graphics which ACC bujilt was a 12' high concrete mural with impressions and cut-outs of nature in it. Please contact Rob Layton, Design Concepts, (303) 664-5301. Richardson Station, Dallas Area Rapid Transit: ACC completed this $2 million urban plaza in 2003. Our work included several different types of pavers, curbs, fountains, landscaping, site furnishings and sculpture. Please ask Roger Scott at the City of Richardson, Texas about ACC, at (972) 744-4303. Dallas Area Rapid Transit Station, Richardson, TX American;Civil Constructors, Inc. (ACC) Westlands Greenwood Village, CO QUALIFICATIONS FOR College Ave. -Harmony Rd. Landscape &Urban Design Improvements Name/Location Owner Contact Info Description Completed, . $ Value Firewheel Town Center BECK Group Brad Parker Pavers, utilities, curb and gutter, site 2005 3.4 million Garland, Texas (972) 496-6213 furnishings, lightin standards, landscape and irrigation Lake Street Town of Avon Jeff Schneider, PO Box New road, curb and gutter, utilities, pavers, 2008 4 milliion Avon, Colorado 975, Avon, CO 81620 sidewalk, signage, lighting, shelters, (970) 748-4134 landscape and irrigation TREX Landscaping CDOT Paul Nikolai, Parsons Installation of irrigation, trees and shrubs 2007 ' 7.8 million Denver, Colorado (303) 837-4029 along a 12 miles stretch of 1-25, where safety and traffic control were major issues Lowry Great Lawn Lowry Redevelopment Roger Wingate, Project Stone work, concrete paths, signs, lighting, 2010 6.6. million Denver, Colorado Authority Manager landscape and irrigation, wetlands (303) 326-9923 Murphy Creek Murphy Creek Larry Summers, Entry monuments, signage, special 2004 1.2 million Community Metrodistrict Metrodistrict Manager pavements, landscape and irrigation Aurora, Colorado (303) 525-4566 72"d Avenue Streetscape City of Arvada, Colorado Chris Proper Walls, curb and gutter, medians, landscape 2004 10.5 Arvada, Colorado 8101 Ralston Road and irrigation million Arvada, CO 80001 (720) 898-7000 Frisco Main Street Town of Frisco Public Tim Mack Demo existing street, new curb and gutter, 2008 1.7 million Frisco, Colorado Works (970) 668-0836 new paving,.light poles, sidewalks, signage, landscaping and irrigation Denver Art Museum City and County of Davis Partnership,:Dave, . :,Pavers, planters, site furnishings, landscape 2006 660,000 Denver, Colorado Denver Land, (303) 861-8555 and irrigation in urban setting North Nevada Avenue, Colorado Springs Urban Jim Rees Curb and'gutter, pedestrian underpass, Current 8.3 million Colorado Springs, Renewal Authority (719) 633-6138 special pavements, landscape.and irrigation, Colorado coordination with local businesses to keep access open during construction Victory Sustainable Hillwood Development Richard Click Curtis, paviers, lighting and electrical, 2007 5.2 million Development (817) 224-6000 ..landscape and irrigation Dallas, Texas 1-70 Hinge Joint CDOT Tony Stewart "Bridge reha"b,and joint replacement in retail Current 5.2 million Replacement Phase ii (303) 398-6738 area. Coordination with local businesses to Denver, Colorado keep access open during construction Note: ACC s average change order rate for non -owner initiated changes or extra work is less than 1%. M ® ® = O = M ® M = M.M ® ® _ M I• ' Director & Officers Name Title ' David L. Lemesany Director ' Randolf L. Maher President Jeffrey H. Puls Treasurer ' David L. Lemesany Secretary Larry A. Rice Vice President ' Jeffrey L. Croll Vice President Eric G. Reger Vice President ' Revised 3/21/2110 Contractor Licenses/Registrations State Jurisdiction Cert # Type Expiration Alabama SOS F/C 937-052 Certificate of Authority Exists Dept of Revenue 0000945901 Business Privilege Tax 3/15/2010 Arizona SOS F-0027410-8 Certificate of Authority 3/27/2010 State ROC257554 A - General Engineering - Commercial Only 7/31/2011 Dept of Revenue 13-010660-X Transaction Privilege Tax None Arkansas SOS 100210177 Certificate of Authority 5/1/2010 State 0076620406 Specialty Contractors 4/30/2010 State 0247638-79-001 Excise Tax None California SOS C1519160 Certificate of Authority 6/30/2011 State 627723 A - General Engineering & C27 - Landscaping 8/31/2011 Board of Equal 100-769126 Consumer Use Tax Account - Martinez, CA None Board of Equal 100-945933 Consumer Use Tax Account - Loomis, CA None Vacaville 013814. Business License 4/30/2010 Colorado SOS 19871284233 Certificate of Authority 5/31/2010 State/Arapahoe Cty 12-49532-0001 Sales Tax 12/31/2011 Arvada 1B-0375 1-B Builder's Unlimited 11/19/2010 Aurora 000 101298 OOSL R.O.W.Trenching - Supervisor License 12/31/2010 Aurora 2009 395159 00 CL R.O.W.Trenching 6/1/2010 Aurora 101 101600 SL R.O.W.Earthwork - Supervisor License 12/31/2010 Aurora 2009 395169 00 CL R.O.W. Earthwork 6/1/2010 Aurora 2008 303747 00 SL R.O.W. Concrete - Supervisor License 6/30/2011 Aurora 38678 Business 12/31/2010 Avon 2080 Sales Tax License None Black Hawk 09-240 Contractor Registration 12/31/2010 Boulder 0003610-14 & 28 Class D General Contractor 8/18/2010 Boulder 52027 Consumer Use Tax None Brighton CL-07926 Contractor - Class A 10/7/2010 Brighton 1592 Sales Tax License 12/31/2011 Broomfield OL-10-08058 Class A General Contractor 5/12/2010 Broomfield 01718 Sales/Use Tax License None Castle Rock 03-0480 Contractor Registration Excav/Grading 9/29/2010 Castle Rock 101286 Business & Tax License 12/31/2010 Centennial CEN000691 Contractors Class A 6/30/2010 Centennial CEN-000175 Sales Tax License 12/31/2010 Colo Sprgs 05811700 Tax License None Colo Sprgs 715331 Excavation License 6/30/2010 Colo Sprgs 715332 Cement License 6/30/2010 Commerce City 110346 Division of Building Safety License 12/31/2010 Commerce City 14410 Sales & Use Tax License None Denver 90316 RW-GNRL 5/31/2010 Denver 1054406 D-Drainlayer Supervisor - Bruce Hammers 4/30/2010 Denver 110242801 Retail Sales/Use/Lodger's Tax License 12/31/2011 Douglas County A03114 Contractor 2/12/2011 Revised 3/5/2010 1 of 3 ACC Contractor Licenses/Registrations State ' :jurisdiction Cert # Type Expiration Colorado continued.... Englewood 10151 A (General) 3/6/2011 ' Englewood 18381-4 Sales Tax License None Fort Collins 37487 Sales/Use Tax License None ' Golden Golden 1014 04227 General Contractor Sales/Use Tax License 11/21/2010 12/31/2010 Grand Junction 6216 Sales/Use Tax License None Greeley 1007-10076 Sales & Use Tax License None ' Greenwood Village S-04024 Q01 Sales/Use Tax License None Greenwood Village Class D Keenesburg 8223 Sales/Business License None Lafayette 2498 Sales/Use Tax License None ' Lakewood 9188 General Contractor 2/21/2011 Lakewood 36032 Sales/Use Tax License None ' Littleton Lone Tree 3074 951 Sales Tax Business License None 12/31/2010 Longmont 3-10599-8642 Sales & Use Tax License None ' Loveland Parker LR-06911 304 Sales/Use, Tax License Business & Tax License None 12/31/2010 Thornton Lic/Cont# 13778/6667 Landscaping 5/5/2010 Thornton 16865 Sales/Use Tax Business License None 'Westminster 944601 Class A Contractor 5/31/2010 Westminster 1766401 Sales/Use Tax License None Wheat Ridge 04413 Sales & Use Tax 1/31/2011 ' Federal CCR Central Contractor Registration 9/10/2010 ' ORCA Online Representations and Certifications Application 9/28/2010 Florida ' SOS F10000000879 Certificate of Authority 2/22/2011 Idaho SOS C137258 Certificate of Authority 1/31/2011 ' State PWC-C-12370 Public Works Contractors License 9/30/2010 Iowa SOS 490 FP-261407 Certificate of Authority 4/1/2010 State C102132 Division of Labor Services - Contractor Registration 11/21/2010 Kansas ' SOS 3280740 Certificate of Authority 4/15/2010 State 006-K08602801 F-01 Use Tax Registration None ' Minnesota SOS X 114351 525 Certificate of Authority 12/31/2010 ' Montana SOS F-037262 Certificate of Authority 4/15/2010 Dept of Labor 156836 Construction Contractors Registration 11/22/2011 Nebraska SOS 10031257 Certificate of Authority 3/1/2012 Develop 24731-08 Contractor Reg - Dept. of Labor 3/15/2010 'Workforce Dept. of Revenue 21-2933586 Income Tax Withholding None Dept. of Revenue 32-2933586 Nonresident Contractor Registration None Dept. of Revenue 01-2933586 Sales Tax Permit None Revised 3/5/2010 2 of 3 ACC Contractor Licenses/Registrations State urisdiction Cert # Type Expiration Nevada SOS C1876-1993 Certificate of Authority 2/28/2011 State NV19931031137 Business License 2/28/2011 New Mexico SOS 0910679 Certificate of Authority 3/15/2010 State 83725 GB98, GF05, GSO4,10,12, MS06, GA01,02 6/30/2012 Taxation & Revenue 01-841962-00-3 Construction - Business Tax Registration None North Dakota SOS 017721600 Certificate of Authority 5/15/2010 State 29580 Class A - Contractor 3/1/2011 State 170688 00 Sales & Use Tax Permit None Oklahoma SOS 26422662 Certificate of Authority Active South Dakota SOS FB-026009 Certificate of Authority 3/31/2010 Tennessee SOS O406667 Certificate of Authority 4/1/2010 State 11676 A - Contractor 2/28/2011 Dept of Revenue 104039934 Sales/Use Tax Registration None Texas SOS 4092106 Certificate of Authority In Existence State 1-84-0684692-5 Sales & Use Tax Permit None Dept. of Agriculture 0384945 Nursery Floral Class 1 10/31/2010 Utah SOS 785509-0143 Certificate of Authority 3/5/2011 State 241580-5501 Contractor/Occup B100, E100, S330 11/30/2011 State D85066 Sales/Use Tax Certificate of Registration None Washington SOS 602 182 781 UBI Certificate of Authority / Master License Service 6/30/2010 Wyoming SOS Cid#1980-00168181 Certificate of Authority 3/1/2011 City of Gillette 09-049 Class C - Landscaping 2/10/2011 Revised 3/5/2010 3 of 3 ACC Contractor Licenses/Registrations 7 ,GENERAL COMPANY- INFORMATION merican Civil Constructors, Inc Corporate Headquarters: Years Under Present Name: tears at Present Address: ifear Incorporated/1st Established: TIN: 84-0684692 4901 South Windermere Street Littleton, CO 80120 merican Will onStructOrS 25 Years as Randall & Blake, Inc. 35 Years as ACC, Inc. / Randall & Blake, Inc. 10 Years as American Civil Constructors, Inc. Mt March 3, 1975 - Colorado ifITIGATION HISTORY: No contract related litigation in the past 5 years. Dun & Bradstreet Numbers: DUNS # Company 076461680 ACC Inc. 065340254 189224249 ACC WC ACC WC (Seattle) 847178873 ACCHoldings Address 225 Union Blvd, Ste 500, Lakewood, CO 80228 3701 Mallard Dr., Benicia, CA 94510-1246 3701 Mallard Dr., Benicia, CA 94510-1246 225 Union Blvd, Ste 500, Lakewood, CO 80228 Cage Code 3QLB0 3ESH6 019627871 ACC Inc 4901 S. Windermere, Littleton, CO 80120-1021 1 NTH2 Standard Industrial Classification (SIC) ' 1629 Heavy Construction, Not Elsewhere Classified 0783 Ornamental Shrub and Tree Services ,forth American Industry Classification System (NAICS) 237310 Highway, Street and Bridge Construction ' 561730 Landscaping Services Description of work performed by company: 'Seismic Retrofitting, Bridge Deck Rehabilitation, Heavy Highway Construction, Highway Management, Public Works, Grooving, Concrete Grinding, Structural and Nonstructural Concrete, Site Development, Reclamation and Wetlands Mitigation, Erosion Control, Landscape ' Construction, Landscape Irrigation Design and Construction, Landscape Design/Build, Sport Field Construction, Golf Course Construction, Wharves, Foundations, Dredging, Drilled Shafts, Tunnels, Augercast Concrete Piling, Land & Water Piledriving 1 ' Revised 2/16/2010 Page 1 of 1 ACC General Company Information I SECTION 01570 - TRAFFIC CONTROL I PART 1-GENERAL ' 1.1 GENERAL A. Traffic Control necessary to complete the project shall be provided by the Contractor and will ' not be paid for separately. B. The Contractor must submit traffic control plans and coordinate traffic control with the City's Traffic Control Coordinator:The traffic control plans must he submitted and approved seventy- two (72) hours prior to starting construction and before making each modification. C. Conformance: City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform ' Traffic Control Devices (U.S. Dept. of Transportation), or applicable statutory requirements of authority having jurisdiction. ' D. Traffic Control Criteria: 1. At all times, Contractor must maintain two-way traffic on Harmony Road and College Ave: 2. At all times, College Avenue must maintain two northbound and two southbound travel thru lanes. ' 3. At all times, the Contractor must maintain a minimum of one left turn lane in all directions on Harmony Road and College Ave. ' 4. The City will allow a single lane closure in each direction (North bound, South bound, East bound & West bound) at any time. Lane be given closures will allowed during the hours from 9:00 a.m. to 3:30 p.m. Any deviations from these traffic control criteria will need to be requested in writing and subject to approval by the City of Fort Collins Engineering and ' Traffic Departments. E. The Contractor must coordinate with adjacent properties to provide and maintain them sufficient ' access during the duration of the project. It will be the Contractor's responsibility to coordinate and communicate with the individual Owner's [businesses during construction. ' F. Keep traffic areas free of excavated material, construction equipment, ,pipe, and other materials and equipment. G. Keep fire hydrants and utility control devices free from obstruction and. available for use. ' H. Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives. ' I. Provide and maintain temporary approaches or crossings at streets, businesses, and residences. Page -11- BANK:REFERENCE tiAA Amencan Ky Y}X 1_t �iS' Capital One Bank Daniel Brosnahan 265 Broadhollow Rd. Melville, NY 11747 Phone (631) 577-2008 daniel.brosnahan@capitalonebank. com Revised 7/8/10 1 1 1 1 BONDING INFORMATION Bonding Company: Safeco Insurance Company of America Agent: Aon Risk Services 1901 Main Street, Suite 300 Irvine, CA 92614 Michael Parizino, Executive Vice President Office (949) 608-6381 Single project bond limit - $+20 million Aggregate bond limit - $+40 million A.M.Best Rating of "A, XV" American Civil Constructors, Inc. Revised 5/25/2010 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 1p % of the contract. ITEM SUBCONTRACTOR IA4aQ woc ska,-� 9144A.L AW h l ZvtG, -rrattG �-@'L�rC�- �t�C.t� �f^p�t@ �-o�n..'f'✓'bQ Zvtc ECegncd IL UxtxeLLJC Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed Section 00510 Page 1 SECTION 00510 , •NOTICE OF AWARD Date: August 24, 2010 i TO: American Civil Constructors, Inc. PROJECT: 7161 College Avenue and Harmony Road Landscape and Urban Design Improvements OWNER: CITY OF FORT COLLINS ' (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated August 10, 2010 for the above ' project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7161 College Avenue and Harmony Road Landscape and Urban Design Improvements. ' The Price of your Agreement is Six Hundred Thirty Eight Thousand, Six Hundred Seventeen Dollars ($638,617.00). 1 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 I 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 September 8, 2010. ' 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each.of the Contract ' Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions ' (Article 5.1.) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle ' OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of.the Agreement with the Contract Documents attached. City of Fort Collins , OWNER B . �( Y ' Ja s B. O'Neill, II, CPPO, IGP ector of Purchasing & Risk Management , SECTION 00520 ' AGREEMENT THIS AGREEMENT is dated as of the 24th day of August in the year of 2010 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and ' American Civil Constructors, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set ' forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7161 College Avenue and Harmony Road Landscape. and Urban Design Improvements and is generally described in Section 01100. ARTICLE 2. ENGINEER The Project has been designed by Interwest Consulting Group, 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 within Seventy Five (75) calendar days after 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 within Eighty Nine (89) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1 I Section 00520 Page 1 1 1) Substantial Completion: One Thousand Ei hty Six Dollars ($1,086 00) for each calendar day , or fraction thereof that expires after the Seventy Five (75) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the Fourteen(14) calendar day period 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: Six Hundred Thirty Eight Thousand, Six Hundred Seventeen Dollars, ($638,617.00), 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 Substantia l al Completion payment will be made in an amount ' sufficient to increase total payments to CONTRACTOR to 950 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 p 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. I 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 I 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 7.2.2 Certificate of Final Acceptance 7.2.3Lien Waiver Releases ' 7.2.4Consent of Surety 7.2.5 Application for Exemption Certificate 7.2. 6 Application for Payment , 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: ' Sheet 1 Cover Sheet Sheet 2-5 Site and Layout Plan Sheet 6-7 Site and Layout Plan Enelargements , Sheet 8 Landscape Details, Notes Sheet 9 Stacked Boulder Slope Grading & Details Sheet 10-13 Site Details ' Sheet 14 Landscape Plan, Legend, Plant List Sheet 15-17 Landscape Plan Sheet 18-24 Hines Irrigation Plans & Details Sheet 25-28 ESC Electrical Plans & Details The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, inclusive. ' Section 00520 Page 4 1 'I 7. 5 . The Contract Documents also include all written amendments and 'I 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 'I 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. MI'SCELLANEOUS 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. 'I 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 'I 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 limited by law), and unless specifically stated to the 'I 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, 'I successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. ' Section 00520 Page 5 J. Keep roads open and in acceptable condition, unless closure or detour has been approved by City's Traffic Control Coordinator seventy-two (72) hours prior to closure or detour. K. Post signs around the perimeter of the construction site to restrict public access as required. a) 1.02 TRAFFIC CONTROL PLAN A. Submit a detailed traffic control plan to Traffic Control Coordinator for review and acceptance. Plan must be accepted seventy-two (72) hours prior to work commencing at the;site. Maintain the accepted plan throughout all phases of construction. Provide copy to City's Project Manger prior to submittal. 1. Notify police, sheriff, ambulance services, and fire authorities of traffic control plan and the schedule of it. Distribute copies if requested. b) 1.03 FLAGMEN A. Required where necessary to provide for public safety, or the regulation of traffic, or by jurisdictional authorities. B. Shall be properly equipped and licensed. c) 1.04 WARNING SIGNS AND LIGHTS A. Provide suitable barricades and warning signs for: 1. Open trenches and other excavations. 2: Obstructions, such as material piles, equipment, piled embankment. B. Illuminate by means of warning lights all barricades and obstructions from sunset to sunrise. C. Protect roads and driveways by effective barricades on which are placed acceptable warning signs. d) 1.05 PARKING A. Provide suitable parking areas for the use of construction workers and others performing work or furnishing services in connection with the Project so as to avoid interference with private property, public traffic, City's operations, or construction activities. Such parking shall occur at a suitable location, approved by the City. e) 1.06 ROADWAY USAGE BETWEEN OPERATIONS A. When Work is not actually in progress, Contractor shall make passable and shall open to traffic Page -12- OWNER: CITY OF FORT COLLINS By: JAMES B O'NEILL II, CPPO, FNIGP DVRECTOR OF PURCHASING ND RISK MANAGEMENT Date: 1(31 6O CONTRACTOR: American Civil Constructors, Inc. By: 1c. Rege,,r Title: — Date: $r2(0/ a0 10 (CORPORATE SEAL) FoRT (r.- t • tN Attes City Clerk or giving notices: P. 0. Box 580 Fort Collins, CO 80522 Approved as to Form Assi t t City Attorney Address for giving notices: 1(oot W. EeQe—'jjtew (,1lekovs Co '60120 LICENSE NO.: 9�J rifl,r got . • ,,� MM Sec�f'ion-' 0 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: 7161 College Avenue and Harmony Road Landscape and Urban Design Improvements 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 'd`ays 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: American Civil Constructors, Inc. 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 1. - LE SECTION 00610 PERFORMANCE BOND Bond No. 6690448 KNOW ALL MEN BY THESE PRESENTS: that (Firm) American Civil Constructors, Inc. (Address) 1601 W. Belleview Avenue, Littleton, CO 80120 (x�zxx3cxi�tacYJ�xxQ�cx�pgt (a Corporation) , hereinafter referred to as the "Principal" and ( Firm) Safeco Insurance Company of America (Address) 330 No. Brand Blvd., Suite 500, Glendale, CA 91203 hereinafter referred to as "the Surety", are held and firmly bound unto 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 Six Hundred Thirty Eight Thousand Six Hundred Seventeen and* 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. * no/100 dollars $638,617.00 THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 24thday of August , 2010, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, .7161 College Avenue and Harmony Road Landscape and Urban Design Improvements. 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 fazluxe to do so, and shall reimburse and repay the OWNER ;all butlay 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 ED 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. U T E 4-1,4-1,t f' 1 settlement between the OWNER and the PROVID, FRHR, a no ina 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 26thday of August 2010. - IN PRESENCE OF: IN'PRESENCE OF: <s�.� - alaz) Rhonda C. Aber, -Witness (Surety Seal) Principal American Civil Constructors, Inc. - V, ce— + y-f"ic (Title) 1601 W. Belleview Avenue, Littleton, CO 80120 (Address) Other Partners By: By: Surety Safeco Insurance Company of Amencar'�o."- By:o Apo a Atto eri rney i Fact By: 330 No. Brand Blvd., Suite 500, Glendale. CA91203. a (Address) :: f; NOTE: Date of Bond must not be prior to date of Agreement. If CONTMACTOR is Partnership, all partners should execute Bond. IRev 1 OM107 Section 00610 Page 2 M CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange AUG 2 6 2010 Rhonda C. Abel Notary Public On before me, � , (Here insert name and tide of the officer) personally appeared Jeri Apodaca who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �, IiFSC11lIDR-� �'�' WITNESS my hand and official seal. (C7 mHOCOMM.TARY e1828CALIFORNIA ORANGE COUNTY 0 M!2Z e F COMM. EXPIRES OCT. 16 2013 - Signatui of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (rifle or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) - ❑ Partner(s) ® Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA 02.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed In California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that Is Illegal for a notary in California (f.e. certifying the authorized capactyy of the signer). Please check the document carefully for proper notarial wording and attach thisfornr 1f required • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. . • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. helsheldrey is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk. t Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is.a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document M SECTION 00615 PAYMENT BOND Bond .No.': 6690448 ' KNOW ALL MEN BY THESE PRESENTS: that ( Firm) American Civil Constructors, Inc. (Address) 1601 W. Belleview Avenue, Littleton, CO 80120 (xncXgccr���o-�c)C�Cxxcxptyx6c�C) (a Corporation) , . hereinafter referred. to as the "Principal" and (Firm) Safeco Insurance Company of America (Address) 330 No. Brand Blvd., Suite 500, Glendale, CA 91203 ' 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" sum of , d Six Hundred Seventeen and iin the penal n lawful money of the United States, for t e payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. * no/100 dollars $638,617.00 ' THE CONDITIONS OF THIS OBLIGATION .are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 24th day of August 2014 a copy of which is hereto attached and made a part hereof ' for the performance of The City of Fort Collins project, 7161 College Avenue and Harmony Road Landscape and Urban Design Improvements. ' NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for ' materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work ' whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. I Rev 10/20/07 Section 00615 Page 1 0 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, this26th day of August 20 1Q IN PRESENCE OF: Principal American Civil Constructors, Inc. By: ectl,- 41��= (Title) J 1601 W. Belleview Avenue, Littleton, CO 80120 y(Address) rporate„Sea1f}.h c I{NRESENGEOF'' Other Partners rsar,t l4sj .y s '� INS' PRESENCE OF: surety Safeco Insurance Company of America r' v B J po torney i Fact Rhonda C. Abel, Witness By: 330 No. Brand Blvd., SijitP 500 C IPM' �A 91�203>f t: (Address) ( Surety Seal) may, • r y' � .�� a;��` � . NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute 4Bond ',, IRev 10/20/07 Section 00615 Page 2 I CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On AUG 2 6 2010 personally appeared before me, Rhonda C. Abel, Notary Public (Here insert name and title of the officer) Jeri Apodaca who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. RCOMD#s 82$LU 4 WITNESS my hand an official seal. U -® NOTARY PUBLIC - CALIFORNIA t ORANGE COUNTY 0 �oN=` COIAM. EXPIRES OCT. 16 2013 j r a, (Notary Sea[) Signatu of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) - - - ❑ Partner(s) ® Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA 02.10.07 800-873-9865 www.NotmyC[asses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed In California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that Is illegal for a notary in California (I.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial warding and attach this form ifrequired • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgmem • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed . • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fors (i.e. he/she/they-,- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the countyclerk. 46 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. H Indicate title or type of attached document, number of pages and date. f• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 9675 Safeco Insurance Company of America General Insurance Company of America 1001 4th Avenue Suite 1700 Seattle. WA 98154 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **RHONDA C. ABEL; JERI APODACA; LISA K. CRAIL; LINDA ENRIGHT; JANE KEPNER; NANETTE MARIELLA-MYERS; MIKE PARIZINO; RACHELLE RHEAULT; JAMES A. SCHALLER; Irvine, California*********************************** its true and lawful attorneys) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21 st day of March 1 2009 X* Dexter R. Leaa. Secretary Timothv A. Mikolaiewski. Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation AUG 2 6 2010 this day of SEALt; ii3iCIT.': S-0974/DS 3/09 4t Irl r try �XR` kjI Dexter R. Legg, Secretary WEB PDF such portions of the Project and temporary roadways or portions thereof as may be agreed upon between Contractor and City and authorities having jurisdiction over any properties involved. 2. PART 2 — MATERIALS Not used. PART 3 — EXECUTION Not used. PART 4 — MEASUREMENT & PAYMENT Not used. END OF SECTION SECTION 01770 - CLOSEOUT PROCEDURES PART1-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 0 L SUMMARY 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. Related Sections include the following: I. 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. Page -13- ATE JA CERTIFICATE OF LIABILITY INSURANCE page 1 of 3 08/30/2 0 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis of Colorado, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P, 0. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# INSURED American Civil Constructors, Inc. INSURERA:Arch Insurance Company 11150-001 Division 201 INSURERB:National Union Fire Insurance Company of 19445-001 1601 W. Belleview St. Littleton, CO 80120 INSURERC: INSURER D: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR iNSRD ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDNYYY POLICY EXPIRATION DATE MM/DD/YYYY LIMITS A GENERAL LIABILITY 71PKG2326606 7/1/2010 7/l/2011 EACH OCCURRENCE �$ 2, 00,000 PREMISES ERENTED occ Fence $ 300,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 51000 CLAIMS MADE 7 OCCUR PERSONAL &ADV INJURY $ 2 00,000 GENERAL AGGREGATE $ 4 000,000 GEMLAGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OPAGG $ 4,000,000 POLICY I�X PR7 LOC A AUTOMOBILE LIABILITY 71PKG2326606 7/1/2010 7/1/2011 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULEDAUTOS (Per person) X BODILY INJURY $ HIREDAUTOS X NON -OWNED AUTOS (Per accident) X $5,000 CC= Ded. PROPERTYDAMAGE $ (Per accident) X $5,000 Coll Ded. GARAGELIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC $ ANY AUTO $ AUTO ONLY: AGG B EXCESS/UMBRELLA LIABILITY BE23465062 7/1/2010 7/l/2011 EACH OCCURRENCE $ 51000,000 AGGREGATE $ 5,000,000 X OCCUR CLAIMS MADE $ DEDUCTIBLE X RETENTION $ 10,000.$ A WORKERS COMPENSATION 71WCI2326506 7/1/2010 7/l/2011 WCSTATU- OTH- X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y� E.L. DISEASE - EA EMPLOYEE $ 1 0 00,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: 7161 College Avenue and Harmony Road Landscape & Urban Design This Certificate of Insurance represents coverage currently in effect and may or may not be in compliance with any written contract. 10 days for Workers' Compensation for fraud; material misrepresentation; non-payment of premium; other reasons approved by the Commissioner of Insurance. CERTIFICATE HOLDER CANCELLATION io Days for Non-payment of Premium DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN ' City of Fort Collins NOTICE TO THE CERTIFICATE HOLDE AMED TO THE LEFT, BUT FAI RE TO DO SO SHALL Financial Services IMPOSE NO OBLIGATION OR LIABI OF ANY KIN PON T IN ,ITS AGENTS OR Purchasing Division 215 North Mason St., 2nd Floor REPRESENTATIVES. P.O. Box 580 r RIZEDREPRESENTATIVE Fort Collins, CO 80522 ACORD 25 (2009101) Coll:3111475 Tpl:1114894 Cert:14587930 ©1988-20 9AC RDCORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Willis CERTIFICATE OF LIABILITY INSURANCE page 2 of 3E;�30/2010 DATE PRODUCER ' 877-945-7378 Willis of Colorado, Inc. 26 Century Blvd. THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# P. 0. Box 305191 Nashville, TN 37230-5191 DINSURED American Civil Constructors, Inc. INSURERA:Arch Insurance Company 11150-001 INSURERB:National Union Fire Insurance Company of 19445-001 Division 201 1601 W. Belleview St. Littleton, CO 80120 INSURERC: INSURER D: INSURER E: DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXGLUSIUrvS AL)ULU nT rNWKrc CWMN i,ar�a.w� rnuv�awrva The following are Additional Insureds as respects General Liability only if required by written Ocontract and coverage applies only as respects work performed by the Insured for the Additional Insureds. All coverage terms, conditions and exclusions of the policy apply. Additional Insureds: City of Fort Collins (Owner) O 0 D 1 1 1 1 1 1 0 Coll:3111475 Tpl:1114894 Cert:1458793U M Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, ' extend or alter the coverage afforded by the policies listed thereon. I I ■ ACORD25(2009/01) Co11:3111475 Tp1:1114894 Cert:14587930 i 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — AUTOMATIC STATUS WHEN REQUIRED BY A CONSTRUCTION AGREEMENT WITH YOU — COMPLETED OPERATIONS — PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: Section II — Who is an Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is an additional insured on your policy. Such person or organization is an additional insured only with respect to liability arising out of: i) "your work" at the location designated; or ii) the "products -completed operations hazard. Coverage afforded to these additional insured parties will be primary to, and non- contributory with, any other insurance available to that person or organization. All other terms and conditions of this Policy remain unchanged. I iPolicy Number: 71 PKG2326606 Named Insured: American Civil Constructors, Inc. This endorsement is effective on the inception date of this Policy unless otherwise ' stated herein: i Endorsement Effective Date: 7/1 /2010 f 00 ML0019 00 08 06 Page 1 of 1 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. Section 00630 Page 1 SECTION 00635 1 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS I (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:7161 College Avenue and Harmony Road Landscape and Urban Design Improvements 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: Rev10120/07 Section 00635 Page 1 ' SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: M Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 7161 College Avenue and Harmony Road Landscape and Urban Design Improvements. A check is attached.hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated 20 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: 20 Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: Rev 10/20/07 Section 00640 Page 1 TO: FROM: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) City of Fort Collins, Colorado (OWNER) (CONTRACTOR) PROJECT: 7161 College Avenue and Harmony Road Landscape and Urban Design Improvements 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 Rev 10/20/07 Section 00650 Page 1 fees, incurred as a result of such claims. 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 ATTEST: Secretary STATE OF COLORADO day of CONTRACTOR By: Title: )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 2 0_, by Witness my hand and official seal. My Commission Expires: Notary Public Rev 10/20/07 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 7161 College Avenue and Harmony Road Landscape and Urban Design Improvements 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. Rev 10/20/07 Section 00660 Page 1 1.3 SUBSTANTIAL COMPLETION 1.4 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. 9. 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. FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining date of Final I 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. Page-14- SECTION 00670 Section 00670 Page 1 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) 101 r)r) Nr1T WRITE IN THIS SPAr.F 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 - Elitee. x 10g C p�NTRio►hCTO'R IN'�ORMATI®N 3 Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: Fax Number. Business telephone number: Colorado withholding tax account number. ems. +zs t Mail Copies of contract or agreement,pages�(1) �den>Jfytng the contracttngParties r.7 AE�XEMPT�ION INF`ORMAT,IO.N �andx(2)<e�ontammg signaturesrof contracting parties � be attachedP Name of exempt organization (as shown on contract): Exempt organization's number: 198- 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 y C C date: C 1 +5 .• m.-. - {^..i+rs�aw } r '° to°` .. s" _ '�'P'x"uabq"'i '� s iYlr Aa++�?i..!k 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 BELOWTHIS LINT; Section 00670 Page 2 ' Special Notice ' Contractors who have completed this application in the past, please note the following changes in procedure: I 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 3 Section 00670 Page 4 r, SECTION 00700 ' GENERAL CONDITIONS H GENERAL CONDITIONS CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF TBE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) ' I I I I I I I I I I I I I I I I I TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Number &Title - Number Number & Title DEFINITIONS 1.1 Addenda 1.2 Agreement : ......................................... J 1.3 Application for Payment. ...................... i 1.4 Asbestos.....;..... ....... ............ 1.5 Bid 1.6 Bidding Documents ............................1 1.7 Bidding Requirements., ...... ................. I 1.8 Bonds 1.9 Change Ordc:r......................................1 1.10 Contract Documents 1.11 contract Pricq .....................................1 1.12 Contract Times 1.13 CONTRACTOR 1-14 defective ..............................................1 1.15 Drawings............................................1 1.16 Effective Date of the Agreement... . ........ 1 1.17 ENGINEER 'C"o"n'*s'u"I't'a"n't*.'.*,*.'.'.'.'.'.'.'.".'.'."."'.'",I 1.18 ENGINEEIT's' 1.19 Field Order 1 1.20 General Requirements .......................... 2 1.21 Hazardous Waste.................................2 1.22.a Laws and Regulations; Laws or Regulations ..... :. ............. ................. L21b Legal Holidays .................................... 1.23 Liens 1.24 Milestone............................................ 1.25 Notice of Award _2 1.26 Notice to Proceed..................__..........2 1.27 OWNER.............................................2 1.28 Partial Utilization 2 1.29 PCBs ................... ...... 1.30 Petroleum-- ........................... 2 1.31 Project ................ - .............................. 2 1.32.a Radioactive Material 1,31.b Regular Working Hours ... ,2 ...... 2 1.33 Resident Project Representative• ... ....... 2 1.34 Samples ..............................................2 1.35 Shop Drawings ...... ........ __ .............. _2 1.36 Specifications ..................................... ? 1.37 Subcontractor 2 1.38 Substantial Completion.. •...... ............. 1.39 Supplementary Conditions ....... 1.40 Supplier ........................ I ....... 1.41 I ............ Underground Facilities ... ................. ..2-3 1.42 Unit Price Work ..................................3 1.43 Work 3 1.44 Work Change Directive ........ ......... . 3 1.45 Written Amendment ........................... Page Number 2. PRELIMINARY MATTERS. - 3 2.1 Delivery of Bonds ...........................3 2.2 Copies of Documents .......................3 23 Commencement of Contract Times-, Notice to Proceed ........... _:.3 2.4 Starting the Wor............................ . 3 2.5-2.7 Before Starting. Construction. CONTRACTORs Responsibility to Report; Prelim inary Scheddes; Delivery of Certificates of Insiurarice .......... ........................3-4 2:8, Pr coonstruction Conferencq .............. 4 10 Initially Acceptable Schedules.... ...... 4 3. CONTRACT DOCUMENTS: INTENT AMENDING, REUSE .........................................4 4 .3.1-3.2 Intent..-. ...... ............ ....... 11 ... 14 3.3 Reference to Standards and I Spcdi- fications of Technical Societies, Reporting and Resolving Dis- crepancies ................................. 4.5 3.4 Intent of Certain Term s or Adjectives, .................................... 5 3.5 Amending Contract Docunent!k 5 3.6 ........ Supplementing Contract Documents 5 3.7 Reuse of Documents 5 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS •5 4.1 Availability of Lands ..................... 5-6 4.2 Subsurface and Physjcal Conditions 4.2.1 Reports and Drawings ......................6 4.2.2 Lim ited Reliance by CONTRAC- TOR AuthbrizecL. Technical Data 6 4.2.3 Notice of Differing Subsurface or Physical Conditions..................6 4.2.4 ENGINEERs Review 6 425 Possible Contract Documents Change........... __ .... I .... I ............ 4.2.6 Possible Price and Times Adjustments .......... .............. -0-7 4.3 Physical Condtidns--Underground Facilities 7 4.3.1 Shown or Indicated 7 4.3.2 Not Shown or Indicated .................... 7 4.4 Reference Points 7 EJCDC GENEM CONDITIONS 1910.8 (1990 EDITION) W/ C17Y OF FORT COLLINS MODIFICATIONS (REV 9/99) I Article or Paragraph Page Article or Paragraph Page Number & Title Num her Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material,,,,,,,,,,,,,,,,,,,, 7-8 5. BONDS AND INSURANCE ............................... 8 5.1-5:2 Performance, Payment and Other Bonds.............................................. 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance 8 5.4 CONTRACfOR'sLiability insurance..........................................9 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 Provision 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts ................... 10 5.10 Other Special Insurance ..................:..10 5.11 Waiver of Rights . ............................... I I 5.12-5.13 Receipt and Application of Insurance Proceeds ..................... j0-1 l 5.14 Acceptance of Bonds and Insu- ance; Option to Replace,,,,.,,,,_. 5.15 Partial Utilization --Property Insurance 1 6. CONTRACTORS RESPONSIBILITIES I I 6.1-6.2 Supervision and Superintendence ....... 11 6:3-6.5 Labor, Maferialsand Equipment.-- I1-12 6.6 Progress Schedule..............................12 6.7 Substitutes and "Oi-Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation,,, .......... 12-13 6.8-6.11 Concerning.Subcontractors, Supphers.and Others; Waiver of Rights ........................ j3-14 6:12 Patent Fees and Royalties....................14 6.13 Permits.............................................14 6.14. Laws and Regulations ........................14 6A5 Taxes...........................................14-15 6.16 Use of Premises,,,,,15 6.17 Site Cleanliness ................................ 15 6.18 Safe Structural Loading .................. .15 6.19 Record Documents .............................15 6.20 Safety and Protection ........... _.,,.,..15-16 6.21 Safety Representative .........................16 6.22 Hazard Communication Programs ...... 16 6.23 Emergencies.....................................16 6,24 Shop Drawings and Sam pies..............16 lif 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal ....................................16 6.26 Shop Drawing & Sample Submit- teIs Review by ENGINEER, ..... 16-17 6.27 Responsibility for Variations From Contract Documents 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals...................................17 6.29 Continuing the Work.....................i7 6.30 CONTRACTOR's General Warranty and Guarantee.............17 6.31-6.33 Indem nification. . ............... .... . ...17-18 6.34 Survival of Obligation s...................18 7. OTHER WORK------------ . - _ _ _ 18 7;1-7.3 Related Work at Site18 7A Coordination.................................18 S. OWNER'S RESPONSIBILITIES ) 8 8.1 Communications to CON- . TRACTOR.................................18 8.2 Replacement of ENGINEER, ........... IS 8.3 Furnish Data andPay Promptly When Due. .................... 18 8.4 Lands and Easements; Reports and Tests...............................18-19 8.5 Insurance .......................................19 8.6 Change Orders..............................19 8.7 Inspections, Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate CONTRACTORS 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 Arrangement........ ..................... 19 9. ENGINEERS STATUS DURING CONSTRUCTION ................... ..........................19 9A OWNER'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 V6rk-...... 21 EJCDC OENEXn CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) ' Article or Paragraph Number & Title Page Number Article or Paragraph Number & Title page Number ' ' 9.6 9.7-9.9 9.10 9.11-9.12 9.13 Rejecting Defective Work,,,, .... 21 Shop Drawings, Change Orders and Payments....................................21 Determinatims for Unit Prices.__._. 21-22 Decisions on Disputes; ENGI- NEERas Initial Interpreter ..............22 Limitations on ENGINEERS Authority and Responsibilitie4„•.22-23 13.8-13.9 Uncovering Work atENGI- NEERsRequest ..................... 27-28 13.10 OWNER May Stop the Work...........28 13.11 Correction or Removal of Defective Work ...........................78 13.12 Correction Period.,,,,,,,,,;,,,,. ,,, 28 13.13 Acceptance ofDefective Work ......... 28 13.14 OWNER May Correct Defective CHANGES IN THE WORK...........................•...........23 Work.................. .................. . 28-29 ' ' ' ' 10.1, OWNER'S Ordered Change,,,,,,,,,,,,,,,, 23 10.2 Claim for Adjustment..-,,,,„_...... _.,23 10.3 Work Not Required by Contract Documents......:... 23 10.4 Change Orders..................................23 10.5 Notification of Surety__ ...... .......... _. 3 . GRANGE OF CONTRACT PRICE ...................... 23 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work ............................... 23-24 11.4 Cost of the Work,,,,,, ......24-25 .. 11.5 Exclusions to Cost of the Work,,,,,,,,,, 25 11:6 CONTRACTOR'S Fee ........................25 .. 11.7 Cost, Records,,,..,,,,, , 25-26 11.8 Cash Allowances,,,,,,,,,,,,,,,,,,,,,,•,, 26 14. PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule of Values,,,,,; „29 . ................ 14.2 Application for Progress Payment....:..:...:....... 29 .........._... '14.3 CONTRACTOR's Warranty of Title .... 29 ............................ 14.4-14.7 Review of Applicati....ons.....for.. Progress Payments,,,,,,,,,,,,,•.., 29-30 14.8-14.9 Substantial Completion..................30 14.10 Partial Utilization ..................... 3MI 14.11 Final Inspectiort.........:.... 31 .............. 14.12 Final Application for Payment ... .... 31 14.13.14.14 Final Payment and Acceptance ,,,,_„31 14.15 Waiver of Claims,,,,,,,,,,, ,,,,,31-32 11.9 Unit Price Work...............................26 15. SUSPENSION OF WORK AND ' CHANGE OF CONTRACT TIMES ,,,,,, ....26 12.1 Claim for Adjustment..._26 12.2 Time of the Essence,,,,,, ...„.....•........26 12.3 Delays Beyond CONTRACTOR's Control. ...... ............. I ... .:.. I ..... 26-27 TERMINATION ............................................... 32 15.1 OWNER May Suspend Work ... 32 15.2-15.4 OWNER May Terminate................. 32 15.5 CONTRACTOR May Stop Work or Terminate,,,,,,,,,,,,,,,, 32-33 ' 12.4 Delays Beyond OWNER's and CONTRACTOR's Controi,,,,,,,F7 16. DISPUTE RESOLUTION .................................. 33 ' ' TESTS. AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIPE WORK..... 27 .................-......................... 13.1 Notice of Defects„ 27 13.2 Access to the Work ...........................27 13.3 Tests and Inspections; CONTRACTOR'S Cooperation,,,,..,,, 27 13.4 OWNER's Responsibilities; Independent Testing Laboratory ....... 27 13.5 CONTRACTOR's Responsibilities.,,....,,.,_„...........:.....Z7 13.6-13.7 Covering Work Prior to Inspec- tion Testing or Approval, ,,,,,,,,,,,,,,,,27 17. MISCELLANEOUS ................. 17.1 Giving Notice................................33 17.2 Computation of Times .................... 33 17.3 Notice of Claim .............................. 3 17.4 Cumulative Remedies .............:......•.33 17.5 Professional Fees and Court Costs Included _•..•.•••.,,,..,,___.,_.... 33 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 Intentionally left blank...:...., 35 ........................... EXHIBIT GC -A: (Optional) Dispute Resolution Agreement ..................... QC -Al 16.1-16.6 Arbitration ............................. GC -Al 16.7 Mediation,,,,,„.,_,,,_,..•.•.„_ GC -Al lv E1CDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w1 CI TY OF FORT COLLINS MODIFICATIONS (REV 9199) 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 umber Acceptance of - Bonds and InsurancQ ........................................5.14 defective Work ... I ............. .......... 10.4-1, 13.5, 1113 final payment ... ...... ........... ......... 9,12, 14-15 insurance 5..14 other �Wcat by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Items ..................... fi.7.1 Work by OWNER .............. ....... ; ....... 2.5. 6.30, 6.34 Access to the-- Lands, OWNER and CONTRACTOR responsibilities ............... .......... 4.1 site; related Work ............................................... 7.2 Work. ....... __ ............ .................. 13.2,13.14,14.9 Acts or Omissions--, Acts and Omissions -- CONTRACTOR ......... _6.9,1, 9,13.3 ENGINEER,.,-_ ............................ ...... . 6.2 0,9,13.3 OWNER .................................................... 0.20,8.9 Addenda --definition of (also see definition of Specifications) .......(1.6,1.10,619), 1.1 Additional Property Insurances ................................. 5.7 Adjustments- - Contract Price or Contract Times...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2, ..................... .... _.4-5.3, 9.4, 915, 10.2-10.4. ....... 1­1 . ........................... 11, 12,14.8, 15.1 progress schedulF................... ...... .... 6.6 Agreement -- definition of 3.2 "All -Risk" Insurance, policy form...........................5.6.2 Allowances, Cash ....................................................11.8 Amending Contract Documents ... I .................... ....... 3.5 Amendment, Written -- in general .......... ...... 1. 10, 1.45, 3.5, 5.10, 5.12, 6.6.2 .......................... 0-8.2, 6.19,10.1, 10.4,11.2 .............................12.1i ­­* ... *­ ......... * ... * 12. 1 i 1112.2, 14.7.2 Appeal, 0 or CONTRACTOR intent to..........................9.10. 9,11. 10.4, 16.2 16.5 Applicaition for Payment definition of......................................................1.3 E.NGINFER's Responsibility ............................... 0.9 final payment,,,,,,,,,,,,,,,,, . 9.13.4, 9.13.5, 14.12-14. 15 in general ..........................2.8, 2.9, 5:6.4, 9.10, 15.5 progress payment ....... * ........ ** .......... ; .......... 14.1-14.7 review of Arbitration ............... ; ....................... 16,1-16.6 Asbestcr_- claims pursuant thereto........ ................... 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definition of ............................. ...................... ... 1.4 Article or Paragraph Number OWNER responsibility for ...... ...................... 4:5.1,8.10 ponibleprice and times change ........................4.5.2 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 Before Starting Construction, .............................. 5-2.8 Bid --definition of„ ........ ...... ...... 1:5 (1.1, 1,10, 2.3, 3.3, ............ I ......... 11.4.3, 11,9.1) Bidding Documents -definition of...............................................1.6 (6 8.2) Bidding Requirements -definition of .......................................... 1.7 (1.1, 4.2.6.2) Bonds -- acceptance of ..................... ......... __ ..... 5.14 additional bonds,-„.............................10.5, 11.4.5.9 Cost of the Work ............................................11.5.4 definition of .................................. I ...... ........1.8 delivery of.„.,.,,,;,_„.,,,,,,,,2.I, 5.1 final Application for Payment .......... _1 4_12-14. 14 general ....................................... L 10, 5.14.3, 5.13, ..... I .......... I ............... I— .... 9.13, 10.5. 14.7.6 Performance, Payment and Other . ............. .... 5.1-5.2 Bonds and Insurance --in general ..... I ........... 5 Builder's risk "all-risk' policy fb......................I..........5 ....... I ... 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, .................5.6.5, 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 .............9.5. % 11. 10.2. 10.5. 11.2. 119. ........... I .... I ...... J3.13, 13.14, 14.7,15.1, 15.5 CONTRACTORs fee ............. ............................ 11.6 Cost of the Work general .......... ­* ....... .......... 11.4-11.7 Exclusions to 11.5 Cost Records ....................... 1.7 in general .............1.19, 1.44, 9,11, 10,4.'-) 10.4.3, 11 Lump Sum Pricing..........................................11.3.2 ..*..... ­ ........ *­­­'­­ ...... 11.3.2 Notification of Surety,..._...................................10.5 Scope of,,..,,_,,,._„ ............................... ..... jO.3-10.4 Testing and Inspection, Uncovering the Work ..................................13.9 EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 11 1 B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request, 1 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. 1. 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. 1 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- I 1-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. 1 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. Page -15- I I I I F� n I I I I I I I I I I I I Unit Price Work Article or Paragraph Number Value of Work ..................................................j1.3 Change in Contract Times -- Claim for times adjustm ent ....... 4.1, 4.2.6. 4.5, 5.15, ............ 6.8.2, M, 9.6, 9,11, 10.2- 1 U, 12. 1, 13.9, 13.13, 13.14, 14.7,15,1, 15.5 Contractu.iiim'6' IM its .....................................12.2 Delays beyond CONTRACTOR's control.......... .......... ;_ ........... ....... ............ 12.3 Delays beyond OWNERs and CONTRACTOR's c - 01 ontr ............................. 12.4 Notification of surety ...... _ ........ ..................... _lo.5 Scope of change .... ...... ....................... 10.3-10.4 Change Orders— Acceptance of Defective Work ........ _13,13 Amending Contract Documents,,,,,.,,,;, 3.5 ............... Cash Allowances... ..... .... ............. .....................j 1.8 Change of Contract Ricq ....................... ............. I I Change of Contract Times...................................12 ......­­­....."'"...­­12 Changes in'the Work, ........................................... 10 CONTRACTOR's fee,,, ..................................... 11.6 Cost of the Work 11.4-11 .7 Cost Records 11.7 definition of ....................................... I-9 ... � emergencies..., ................................ ....... . ... 0.23 ENGINEERs responsibility ..... :.9.8,10,4,11.2. 12.1 execution of .... ....................... ; ......................10.4 I110emnifictiort ......................... 0.12, 6.16, 6.31-6.33 insurance�,Iborids and, ........ .............. 5,10, 5.13, 10.5 OWNER may, terminate.,........ ......... .......... 15.2-15.4 OWNER's Risponsibility. . ........................... $.6,10.4 Physical Conditions - Subsurface and .............................................. 4,2 Underground Facilities--......„......„ .............43.2 Record Documents.......... ................6.19 Scope of Change ................... .............. 10.3-10.4 Substitutes ............. 63,3. 6.8.2 Unit Pii. Work ..... I ...................I.................... 11.9 value of Work, covered by .................................11.3 Changes in the Work .................................................)0 Notifl.eati6n, of surety ... ......... ................... 10.5 OWNERS and CONTRACTORS responsibilitic4 ........................... ................ 10.4 Right to an adjustment ........................... __ ..... .10.2 Scope of change ........................................ 10.3-10.4 Claims -- against CONTRACTOR ...................................6.16 against ENGINEEk ......................................... 6M againstOWNER ...............................................6.32 Change of Contract Price .................... Change of Contract Times ......................... 9.4,12.1 CONTRACTORS ...... ....... 4. 7.1. 9.4. 9.5. 9.11. 10.2. ................... ....... I I - z 11-9, 12.1, 13.9, 14.8, ............................................15.1. 15.5, 173 CONTRACTOR's Fee .... ........ _ 11.6 Article or Paragraph Number CONTRACTOR's liability ........... 5.4, 6,12, 6.16, 6.31 Cost of the Work . ........... ....... .... ........................... L5 Decisions on DisPutq;.; ............................ 9,11,9.12 Dispute Resolution . ............................................16.1 Dispute Resolution Agreement ...................16.146.6 ENGINEER as initial interpretor ................. 9.11 Lump Sum Pricing .........................................11.3.2 Noticeof ........ ........................... 7 ......... ............ 113 OWNER!s ....................9.4, 9.5, 9.11, 1 O.Z. 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...:.. --.... _ ...___ .............................17.5 request for formal decision or) ......................... _g I I Substitute Items ............................................. 6.7.1.2 Time Extension.................................................12.1 Time requirem ents .................................... 9,11,12.1 Unit Price Work .............................................11.9.3 Value of J.1.3 Waiver of --on Final Payment, ................ j 4.14, 14.15 Work Change Directive........ .............. 10.2 . . . written notice required .......................9.1 I I 1 2 12.1 Clarifications and Interpretations, ............ .6.3, 9.4. 9.11 Clean Site .... ' "''''.... ........ 0.17 Codes of Technical S"oc'i*e'1�'&' Organization- or Association, .................i ......... ­ .... " .... ........ �3.3 Commencement of Contract Time;,.-......-_..-_ .- 2.3 ....... Communicationsm- . general ................. I ............................. 6.Z 6.9.21 8.1 Hazard Communication Programs .......... ........... 0.22 Completion - Final Application for Payment ..........................14.12 Final Inspection ......... ...... ....... .......... )4.11 Final Payment and Acceptance..: ............ J4.13-14.14 Partial Utilizatioq .....................I........... .34.10 Substantial Completion ......................1.38, 14.8-14.9 Waiver of Claims.,,,,,,,,, ........ ; .......................... j 4.15 Computation Of times ............................... 17.2, 1 -1 T 2.2 Concerning Subcontractors, Suppliers and Others ..........*.......... ... *­ ...................................... Conferences -- initially acceptable scheduled„ ........................... 2.9 preconstructiork ..............................................2.8 Conflict, Error, Ambiguity. Discrepancy -- CONTRACTOR to Report_ ...................... ".2.5, 33.2 Construction, before starting by CONTRACTOR ........................................... 2.5-2.7 Construction Machinery, Equipment, etc .................. 6.4 Continuing the Work ..................................... 629,10.4 Contract Documents. - Amending.......................................................... 3.5 Bonds 5.1 EjcDc. (3ENERAL cominoNs 19io.s (1990 EDITION) W/CITY OF FORT COLUNS MOMFICAMONS (REV 9199) I Cash Allowances .................... 11.8 Article or Paragraph Number Change of Contract Price, 1 I Change of Contract Times..................................12 Changes in the Work................................10.4-10.5 check and verify,,,,,,,,,,,,, „„ 2.5 Clarifications and Interpretations .........................3.2, 3.6, 9.4. 9.11 definition of, _...1.10 ENGINEER as initial interpreter -of ,,,,,,,,,,,,,,,,,, 9.11 ENGINEER as OWNER's representstive..............0.1 general3 Insurance,_ . ....................................................... 5.3 Intent ....................... 3.1-3.4 minor variations in the Work..............................3.6 OWNER's responsibility to furnish data. .............. 8.3 OWNEWs responsibility to make prompt payment........ 8:3, 14.4, 14,13 ................. precedence. ... ................. ......................... 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 Reuseof ......................... :.................................. 3.7 Supplementing ............... ........ :.......................... 3.6 Termination of ENGINEER's Employment ...... -... 8.2 Unit Price Work .................... I .......................... J 1.9 variations.........................................3.6, 6.23, 6.27 Visits to Site, ENGINEER's ............................... 9.2 Contract Price - adjustment of ............... 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof ........................ ................................... I 1 Decision on Disputes........................................9.11 definition of..:....................................:.............1.11 Contract Times -- adjustment of ......................... 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.,,._... I .......................... 5.14 Communications ............ ...................... ._...6.2, 6.9.2 Continue Work ........................................ 6:29, 10.4 coordination and scheduling,,,,,,,,,,,,,,,,,,,,,*..., 0.9.2 definition of....................................I...............1.13 Limited Reliance on Technical Data Authorized.........................................4.2.2 May Stop Work or Terminate.............................15.5 provide site access to others,,,,,,,,,,,,,,,,,,,,,,, 72, 13.2 Safety and Protection ...................4.3.1.2, 6.16, 6.18, 6.21-6.23, 7.2, 13.1 Shop Drawing and Sample Review Prior to Submittal........................................6.25 Stop Work requirements ................. CONTRACTOR's- 4.5.2 1 Article or Paragraph Number Compensation ............... ............. ................ 11.1-11.2 Continuing Obligation...............................„....14,15 Defective Work 9.6, 13.10-13.14 Duty to correct defective Work,,,,,,,,,,,,,13.11 Duty to Report -- Changes in the Work caused by Emergency ........................................... 6:23 Defects in Work of Others Differing conditions...................................4.2.3 Discrepancy in Documents ...... .,2.5. 3.3.2. 6.14.2 Underground Facilities not indicated__,,,,,,,, 4.3.2 Emergencies.....................................................6.23 Equipment and Machinery Rental, Cost of the Work ............................... :........... 11.4.5.3 Fee --Cost Plus,,,,,,,,,,,,,,,,,,,,,,,, 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarante .......................6:30 Hazard Communication Programs .............. ...... 0:22 Indemnification........................:6.12,.6.16, 6,31-6,33 Inspection of the Work., ........... ; ................. 7.3, 13.4 Labor, Materials and Equipment ....................0.3-6.5 Laws and Regulations, Compliance by,,,,,,,._,,, 6.14.1 Liability Insurance ............................................. . 5.4 Notice of Intent to Appeal ....................:....9.10, 10.4 obligation to perform and complete the Work .............. ................. 6.30 Patent Fees and Royalties, paid fbi by,,,,,,,,,,,,,,,,, 6.12 Performance and Other Bonds „.................... . 5.1 Permits, obtained and pain for by.......................6.13 Progress Schedule,,,, ....2.6, 2.8, 2.9, 6.6, ....... ........:.................. :....6.29, 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... ....................... 0.29, 10.4 CONTRACTOR's expense...........................0.7.1 CONTRACTOR's General Warranty and Guarantee..., ..... ............ .. .6.30 CONTRACTOR's review prior to Shop Drawing or Sample submittal ,,,,,,,,,,,,,,,,0.25 Coordination of Work ,........... 6.9.2 Emergencies .......................... ..................... 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 ..................5.9 general........................................6, 7.2, 7.3, 8:9 Hazardous Communication Program* ..... .----- .22 Indemnification„ ................................ 6.31-6.33 EJMC. GENERAL CONDITIONS 1910.8 (1990 EDITION] ad an OF FORT COUINS MODIFICATIONS (REV 9199) I I I I I I I I I 11 I I I I I I I I Labor, Materials and Equipment.. ........... _6_ 3-6.5 Laws and Regulations.....;.,.._„.„6.14 Liability Insurance........................................5.4 ... Article or Paragraph Number Notice of variation from Contract DocumWits; ............... .......................... A27 Patent Fees and Royalties ............................ 6. 12 Permits Progress Schedule ......................................... �6,6 Record Documents...........- 16,19 .......... related Work performed prior to ENGINEER's approval of required submittals.:..................... 6.28 safe ***"' *"""* ­6.18 Safety and protectiOn ...................6.20. 7.2. 13.2 Safety Ropreserktative ...................................6.21 Scheduling the Work,,,.„.-......................... fi.9.2 Shop Drawings and Samples ........................ 0.24 Shop Drawings,.an.d Samples Review by ENGINEER ................... 6.26 Site Cleanliness.,-.......... .................. 6.17 Submittal Procedures ................................... 6.25 Substitute Construction Methods and Procedures .............................I..... 6.72 Substitutes and "Or -Equal" Items ................6.7.1 Superintendenog................. ......................... 6.2 Supervision .............. ­.: ............ 4.1 ....... Survival of Obligations ................................ 6.34 Taxes 0.15 Tcsts and Inspections ................135 .................. ToReport ................................................... _25' Use of Premises .... ................. 0.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ......................................... 6,25 Right to adjustment for changes in the Work ..... IU Tight to claim,___..,,,,._ . 4, 7.1, 9.4, 0.5, 9. 11, 10. 2, 11. 2, ­­.' ... 11.9,111, 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 Submittala .... 6.24-6.28 Special Consultants.......................................11.4.4 Substitute Cqnstrudion Methods and Pro I cedures 6.7 Substitutes and "Or -;Equal" Items, Expense................ ........... .......... ;6.7.1, 6.7.2 Subcontractors, Suppliers and Others ....... ... 6.8-6.11 Supervision and Superiniendencq ........ 6, 1 i 6.2, 6.21 Taxes, Payment by ............................................ 6.15 Use ofRemises................... 6,16-6.18 Warranties and guarantees .......................... 0.5,6.30 Warranty of � .... e ........ 14.3 .......... Written Notice Required - CONTRACTOR stop Work or terminatoZ ....... 15.5 Reports of Differing Subsurface and Physical Conditions ....................... 4.2.3 Substantial Completion ... .... ........ 14.8 viii CONTRACTORS -other : _7 Contractual Liability Insurance ... .................. . 5.4.10 Contractual Time Limlts, ..... .................................. 12 . .2 Article or Paragraph Number Coordination- ' CONTRACTORs responsibility ......................... §.9.2 Copies of Documents ............... ................................ 2.2 Correction Period..................................................13.12 Correction. Removal or Acceptance of Defective Work- in general ................................... 10.43, 13.10-13.14 Acceptance ofbefective Work .......... .............. 13.13 Correction or Removal of Defective Work ................................. 6.30,13.11 Correction Period............................................13.12 OWNER May Correct Defective Work ..............13.14 OWNER May Stop Work ................................. 13.10 Cost - of Tests and ' Inspection* .....................................13.4 Records 11.7 Cost of the Wok-- Bondsand insurance, additional ................... 11.4.5.9 Cash Discounts .............................................. J1.4.2 CONTRACTOR's Fee . ........................ ... 'lixperwe;k U6 m E p Employee ............ 11.4.5.1 Exclusions to .................................. 11.5 General] 1.4-11.5 Horne office and overhead expenses ....................11.5 Losses and damages ..................................... 11.4.5.6 Materials and equipment .............. .................. 11. 4.2 Minor expenses ...........................................11.4.5.8 Payroll costs on changmk .................................11.4.1 performed by Subcontractors .......................... 11.43 Records 11.7 Rentals of construction equipment and machinery ...................................... 11 A53 Royalty payments, permits and license fees. 1.4.5.5 Site office and temporary facilities ........ ...... jl.4.5.2 Special Consultants, CONTRACTOR!s ............ J1.4.4 Supplemental...._ ................................. 11,4.5 Taxes related to the Work-..................... Tests and Inspection .......................................... 13.4 Trade Discounts,,,,,,,,,,,,, ............ J 1. 4.2 Utilities, fuel and sanitary facilifieA .............. J 1.4.5.7 Work after regular hours ..... ........................... 11.4.1 Covering Work.................................... ..... 13.6-13.7 Cumulative Remes _11.4-0.5 Cutting, fitting and patching.................................... 7.2 Data, to be furnished by OWNED.,,,,_,,,. ......... $.3 Day -definition of, ................ ........ ....... 7.2.2 Decisions on Disputes.........................I........ 9,11,9,12 defective -definition .............. ................... 1.14 defective Work - Acceptance Of ... ................... ...... IQ 4.1, 13.13 EJCDC 00,XK& CONDMON3 191o.s (1990 EDITION) W10TY OF FORT COLLMS MODIFICATIONS (REV 9199) I Correction or Removal v[........ ........... )u4�}'/3.n --]3.1z mgeneral ......................................... /3,w�}4.0 Article or Paragraph Number ovNED»by ______Ll1O Prompt Notice muuleots.__............... ........ /3.1 Differing Subsurface or Physical Conditions — Possible Contract Documen'ts Possible Price and Times Adjustments ............ -4.2.6 Dispute Resolution- -'—_--- ........................ Arbitration ----'---------'J����� general 16 Mediation......................................................... *a Record 6.19 Reuseof. ............................................. ........... ... 3.7 ----_—_—/.n tosemunt, ----__4.l Effective date o«Agreement — definition vC............. /./o omergencics ........................................................_6.23 ENGMEER— trutiu Limitations on authority and responsibilitiq* ..... 9,13 ENGMEERs Consultant definition of 1.18 authority and responsibility, limitations on ........ 9.13 Authorized Variations in the Work .................... 9,5 Change Orders. responsibility for. ....... 9.7,1 Clarifications and Interpretations ............... , 9.4 Decisions on Disputes 9.11-9.12 Evaluation of Substitute i�m* onmWv Representative el Payments to the CONTRACTOR, Responsibility for ................................. ... 9.9.w Article mParagraph Number Review of Reports'bn Differing Subsurface Shop Drawirigs and Samples, review Status EkiHng Construction -- ENGINEER as Initial Interpreter ---- __9.11412 Shop Drawings. Change Orders Field Order— dufmition,(__--------_-----_).\y Final Payment — General Requirements—. Waste — definition m...... .............................................. 1.21 general ......... ... ....... ............. ____.......... 4.5 EJCDCoENOUI CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS mmDMcA71oNS (REV 9/99) r� �J J Indemnification,__,.......... .. ._...... 6.12; 6.16, 6.31-6.33 ..... Initially Acceptable Schedules........- ......_2.9 Inspection — Certificates of .............................9.13.4, 13.5. 14.12 Final 14.11 Article or Paragraph Number Special, required byENGIN EER ................. ........9.6 Tests and Approval .... ........ ................ $.7, 13.3-13.4 Insurance — Acceptance of, by OWNER...............................5.14 Additional, required by changes in the Work.......................................... 11.4.5:9 Before starting the Work,,.,,, 2,7 Bonds and -in general ...................................... 5 Cancellation Provisions .............................. .... .. 5,8 Certificates of ................... 23, 5, 5.3, 5.4.11, 5.4.13, .........5.6.5, 5:8, 5.14, 9.13.4, 14.12 completed operations .....,,,, ...................... CONTRACTOWs Liability,,,,,,,,,,,,, ...5.4 CONTRACTOR's objection to coverage ............. 5.14 Contractual Liability .....................................5.4.10 deductible amounts, CONTRACTOR's responsibility .................................................5.9 Final Application for Payment.......................... 14.12 Licensed Insurers ............. ...5.3 Notice requirements, material changes ........ 5.8, 10.5 Option to Replace ................ ...5,14 other special insurances....................................5.10 OWNER as fiduciary for insureds•.............5.12-5.13 OWNER's Liability---- ........ ........... ..... _.......--_ 5-5 OWNER's Responsibliity................ ....8.5 Partial Utilization, Property Insurance ................ ........ 5.15 Property ............ I .............. 5.6-5.10 Receipt and Application of Insurance Proceeds:........... . . . . ..............................5.12-5,13 Special Insurance„_..... .................................... Waiver of Rights .............................................. ..5,10 5.11 Intent of Contract Documents ...... ........................ 3.1-3.4 Interpretations and Clarifications,,,,, .............. . 3.6.3, 9.4 Investigations of physical conditions..........................4.2 Labor, Materials and Equipment•..,,•--„ .... .........03-6.5 Lands -- and Easements ................. ................................ $ 4 Availability of .............................................. .1, 8.4 Reports and Tests.... .....,,,,,.. .............. ............ Laws and Regulations --Laws or Regulations — ,,,5.4 Bonds .................... 5.1-5.2 Changes in the Work•.,.„..................................10.4 Contract Documents... .... 3,1 CONTRACTOR's Responsibilities.,,..... 6.14 Correction Period defective Work ,,,,,,,,,,,•,_,,.„_13.12 Cost of the Work, taxes ............... 11.4.5.4 definition of ......... ....... —............. .................... 1.22 general6.14 Indemnification ...................... .... 6.31433 Insurance 3 Precedence 3.1, 3.3.3 Reference to .............................................. 3.3.1 ........................................... Safety and Protecticn...............................6.20, 13.2 Subcontractors, Suppliers and Others ........... 6.8-6.11 Article or Paragraph Number Tests and Inspections..................................13.5 Use of Premises ......................... ................... 6.16 Visitsto Site .................................................... —9.2 Liabi lity Insurance -- CONTRACTOR's............................................... 5.4 OWNER's.......................... 5.5 Licensed Sureties and Insurers .............................. 5.3 Liens - Application for Progress Payment ......................14.2 CONTRACTOR's Warranty of Titic....:...............14.3 Final Application for Payment ..........................14.12 definition of ...................................... ...........I. '23 Waiver of Claims ......................... I..................14.15 Limitations on ENGINEER's authority and responsibilities .................. ...................... .......... 9.13 Limited Reliance by CONTRACTOR Authorized.......................................................4.2.2 Maintenance and Operating Manuals — Final Application for Payment ..........................14.12 Manuals (of others)-- Precedence—... ...........................................3.3.3.1 Reference to in Contract Documents ..................3,3.1 Materials and equipment— fumish'W by CONTRACTOR. ...... 6.3 not incorporated in Work........... I .................... 14.2 Materials or equipment-equivalentt,,,,,,,,,, ...0.7 Mediation (Optional)..............................................16.7 Milestones --definition Of.......................................1.24 Miscellaneous -- Computation of Times,,,,,,,,,,,,,,, ....................................... 17.2 Cumulative Remedies .................... .....17.4 ............... Giving Notice ..................... ............................:... 17.1 Notice of Claim................................................17.3 Professional Fees and Court Costs Included17.5 Multi -prime contracts .................... .......................... 7 Not Shown or Indicated ................................. ....4.3.2 Notice of - Acoeptability of Project.,.,,,,,_., Award, definition of ........................ ........J.25 Claim Defects,13.1 Differing Subsurface or.Physical Conditions.,,,._ 4.2.3 Giving........ :................................... 17.1 Tests and Inspections ............. .....13.3 ...................... Variation, Shop Drawing and Samp4................ 6.27 Notice to Proceed — definition of.....................................................1.26 giving of .................... 2.3 E1CDC GENERAL CONDITIONS 1910.8 (1990 EDITION w/ CITY OF FORT COLLINS NIODMCATIONS (REV 9199) u Notification to Surety ..............................................10.5 Obscrvations, by ENGINEER.. . ................. __fi,30,9,2 Occupancy of the Work„-,„ ............. 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR ...... ........ 6.9,9.13 Open Peril policy form, Insurance .......................... 5.6-2 Option to Replace .................................................... 5,14 Article or Paragraph Number "Or Equal* Items ......................................................6.7 Other work 7 Overtime Work —prohibition of................................. 6.3 OWNER -- Acceptance ofdefec*ve Work ........................... 13.13 appoint an ENGINEER ..... ...................... 8.2 as fiduciary ............. ................................. 5. l2m5. 13 Availability of Lands, responsibility .., ................. 4.1 definition of ............ ........ ........................ ...... 1.27 data, furnish ................... ........ i'­ ---- ............. * .... * .... * ... ­ ­ _..' 8.3 May Correct Defective Work ............................ 1114 May refuse to make payment .............................)4.7 May Stop the Work ....................................... !.13- 10 May Suspend Work, Terminate..... 13,10. 15.1-15.4 ......................$.S. Payment, make prompt.....................F.3, 14.4,14,13 performance of other work .................................. 7.1 permits and licenses, requirements ...................6.13 purchased insurance requirements,,,,,,,,,,,,,, 5.6-5.10 OWNER!s— Acceptance of the Work ...............................0.30.2.5 Change Orders, obligation to execute,.... ...... 8.6, 10.4 Communications ................... : ............. : .............. 8A Coordination ofthe -Work -.-.. ....... ­­ ....... _ ---------- 7.4 Disputes, request for dcciiion ............................ 9.11 Inspections, tests and approvals .................. $;7,13.4 Liability Insurance. ......................................... Notice of Defects ............................................... 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 ...................................161 communications 8.1 CONTRACTORS responsibilities ..................8.9 evidence of financial arrangements ............... 8.11 inspections, tests and approvals, .................. '.8.7 insurance, ..................................................... �.5 lands and easements ................................ .... 8.4 prompt payment by ....................................... 8.3 replacement of ENGINEER ........................I...8.2 reports and tests ............................................8.4 stop or suspend Work .................8.8, 13.10, 15.1 terminate CONTRACTORS services 15.2 separate representative at site ............ ................93 testing, independent .......... ......... .................... 13-4 use or occupancy of the Woik ......................... 5.15, 6.30.2.4,14.10 written consent or approval required .........................................9.1, 63, 11.4 EJCDC (JENERAL CONDITIONS 1910.8 (1990 EDITION) wl CITY OF FORT COLLINS NIODIMCATIONS (REV 9199) J Article or Paragraph Num ber written notice requ req.......................7.1, 9.4, 9.11, ............ ........... ............. II.Z 11.9. 14.7. 15.4 PCBs -- definition of ............... ....................................... 1.29 general........................................... ...................4.5 OWNER's responsibility for......... I ...... ....:...... I ... 8.10 Partial Utilization — definition of......................................................1.28 general 6.30.2.4. 14.10 Property Insurance ............................................ 5.7 5 Patent Fees and Royalties ...................................... 6.12 Payment Bonds................................................... ...... 5.1-5.2 Payments, Recommendation of,,,,,,.„ ....14 4=14.7, 14.13 Payments to CONTRACTOR and Completion — Application for ProgressPgrnents.. — ................14.2 CONTRACTORs: Warranty of Title... ..... ...........14.3 Final Application for Payment ..........................14.12 Fina I Inspection........... .................................... 14.11 Final Payment and Acceptance,,,,,,,,,,,,,,, 14,13-14.14 general..........................................................8.3, . 14 Partial Utilization .............. ..........14.10 Retainage..........................................................14.2 Review of Applications for Progress Paym ents...............................14.4-14.7 prompt payment,, ............. ................ ................. $.3 Schedule of Values,,,,,,;, .;..14.1 Substantial Completion ..... ........................f4.8-14:9 Waiver of Claims............................................14.15 when payments due................................14.4, 14,13 withholding payment ...-.-._ .14.7 Performance Bonds ................. 5.1-5.2 Permits...............................................I.........13 Petroleum -- definition o...................................................... 3.30 general..............................................................4.5 OWNER's responsibility for ... .................... ........ $.Io Physical Conditions -- Drawings oL in or relating to ........................ 4.2.1.2 ENGINEER's review ....................................... 4.2.4 existing structures ............................................ 4.2.2 general 4.2.1.2................................... ......... ......4.2.3 Notice of Differing Subsurface or. .... Possible Contract Documents ChanBe...............4.2.5 Possible Price and Times Adjustments,,,,,., .... 4.26 Reports and Drawings...................................... 4.2.1 Subsurface and ......................... ........................ 4,2 Subsurface Conditions...................................4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ..................... 4.2.2 Underground Facilities-- xii general....................................................... 4.3 Not Shown or Indicaed........ ......_...9,3.2 Protection Of. ......... .............................. 4.3,6.20 Article or Paragraph Number Shown or Indicated ................................................ 4.3.1 Technical Data ............................................... 4.2.2 Preconstruction Conference ......................................2.8 Preliminary Matters,...,,,._.,_„ .....................2 Preliminary Schedules:., ............................................2.6 Premises, Use of ............................................ 6.16-6.18 Price, Change of Contract--- ........................... I . 11 Price, Contract --definition of :............................... I.11 Progress Payment, Applications for ............................ 14.2 Progress Payment-retainage...:...............................14.2 Progress schedule, CONTRACTORs............ 2.6,.2.8, 2.9, ................— ...... ..... 6.6. 6.29, 10.4, 15.2.1 Project —definition of...............................................1.31 Project Representative-- ENGINEER's Status During Construction,,..--...., 9.3 Project Representative, Resident --definition of ......... 1.33 prompt payment by OWNER.............:...........I........... 8.3 Property Insurance -- Additional ............................ . ............................5.7 genera15.6-5:10 Partial Utilization................................5.15: 14.10,2 receipt and application of proceeds,,,,,,,,.„.5.12-5.13 Protection, Safety and..............................k.20.6.21, 13.2 Punch list „.,.„...-14.11 ............................ Radioactive Material-- defintion of ...................... ......................... general4.5 OWNER's responsibility for.............................. $.10 Recommendation of Payment................34.4, 14.5, 14.13 Record Documents ...................................... 6.19, 14.12 Records, procedures for maintain*g..........................2.8 Reference Points............ „-„- 4A Reference to Standards and Specifications of Technical Societies.........................................3.3 Regulations, Laws and(or)......................................6.14 Rejecting Defective Work,,,,,, „.._9.6 .................... Related Work -- atSite ................................ ........................ 7.1-7.3 Performed prior to Shop Drawings and Samples submittals revie..................... 0.28 Remedies, cumulative ... :......... ........... .............. 17.4, 17.5 Removal or Correction ofDzfective Work ... _,,.,-..13.11 rental agreements, OWNER approval required, ,,,.11.4.5.3 replacement of ENGINEER, by OWNER,,,,,,,,,,,,,,,,,,,,8.2 Reporting and Resolving Discrepancies ................................. 2,5, 3.3.2, 6.14.2 Reports -- and Drawings,___,_,.,,. .,........................4.2.1 .......... . and Tests. OIANERs responsibility 8.4 Resident and Project Representative -- definition of,,,,,,,,,,,,,,,, ..... 1.33 provision for............................................................ 9.3 ........................... EJCDC OENU AL CONDITIONS 1910-8 (1990 EDITION) w/ C1 TY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Num ber Resident Superintendent, CONTRACTOR$,,,,,,,,,,,,,,, 6.2 Responsibilities-- CONTRACTORs-in general,_, 6 ENGINEER's-in general ......... : .............................. 9 Limitations on.............................................9.13 OWNER's-in general.:...:.........................................8 Retainage .................... .........).4.2 Reuse of Documents.................................................3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ........................0.25 Review of Applications for Progress Payments ..................... .............. .14A-14.7 Right to an adjustment... ........ -.1111- ...................... M2 Rights of Way ... .......... ............ ................ ................ 4.1 Royalties, Patent Fees and s..,.,................................ 6.12 Safe Structural Loading ................. :...... :......... I ....... 6.18 Safely -- and Protection................................4.3.2, 6.16, 6.18, ................... .......... 6.20-6.21. 7.2, 13.2 general.....................................................6.20-6.23 Representative, CONTRACTORs .......................6.21 Samples — definition of ........................ .............................. 1.34 general ........................... :................ :...... : 6.24-6.28 Review by CONTRACTOR ............................... 6.25 Review by ENGINEER ......... :.................... 6.26. 6.27 related Work ........................ 0.28 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 Values ......... __ ... 2.6, 2.8-2 9, 14.1 Schedules -- Adherence to..................................................15.2.1 Adjusting...........................................................0.6 Change of Contract Times.................................10.4 Initially Acceptable ................ . ................ . .... 2.8. 2.9 ,Preliminary ....................... _....... ..................... ... 2.6 Scope of Changes, ...................................... 10.3-10.4 Subsurface Conditions,,,,,,,,,,,,,,,,,,,,,,,,,,,,•,_„ Shop Drawings= - and Samples, general ................................ 6.24-6.28 Change Orders & Applications for Payments, and............ ................ .............9.7-9.9 definition of .......... ........... :........... ...... .......... ..... 1.35 ENGINEER's approval of....................... ..........3.6.2 ENGINEER'S responsibility for review ..................................... 9.7, 6.24-6.28 related Work..:..................................................6.28 review procedure................................ 2.8, 6.24-6.28 Ism Article or Paragraph Number submittal required...............................................6.24.1 Submittal Procedures,,,,,,,,,,,,,,,,,,,,,,,„•,,,,._,..•.....6.25 use to approve substitutions..............................6.7.3 Shown or Indicated .............................................. 4.3.1 Site Access...............................................1 ....7.2, 13.2 Site Cleanliness,,.,,, ............................................... 6.17 Site, Visits to — by ENGINEER ................................ ... 9.2, 13.2 by others ............... ... .................................. 13.2 "special causes of loss" policy form, insurance .............................. .......:............... 5.6.2 . definition of ................................... .. ).36 Specifications— defination of....................................................).36 of Technical Societies, reference to...................3.3.1 precedence ......................................................3.3.3 Standards and Specifications of Techritical Societies ........................................ 3.3 Starting Construction, Before..............................2.5-2.8 Starting the Work ................. .........2.4 Stop or Suspend Work — by CONTRACTOR...........................................15.5 by OWNER .... :................................ 8.8, 13.10, 15.1 Storage ofmaterials and equipment ..................... 4.1, 7.2 Structural Loading, Safety ............. .........:....:.... ... 6.18 Subcontractor — Concerning ................... .......................15.8-6.11 definition of.....................................................J.37 delays...................................................... ...12.3 waiver of rights..., ...............................:............6.11 Subcontractors --in general,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...:6.8-6.11 Subcontracts —required provisions ,........ 5.11. 6.11. H A 3 Submittals — Applications for Payment.................................14.2 Maintenance and Operation Manuals,-•_„_,_ ...... 14.12 Procedures ................ 0.25 Progress Schedules......................................2.6, 2.9 Samples ........... .......................... .............. 6:24-6.28 Schedule of Values, .................................. _2.6, 14.1 Schedule of Shop Drawings and Samples Subtnissions, ............................,-,...__.2.6, 2.8-2.9 Shop Drawings .......................... :.............. .24-6.28 Substantial Completion — certification of............................6.30.2.3, 14.8-14.9 definition Of. .................................... t ............... j.38 Substitute Construction Methods or Procedures ........ 6.7.2 Substitutes and "Or Equal" Items.. . .... ..... ................6.7 CONTRACTOR'$ Expensq .......................... 6.7.1.3 ENGINEER's Evaluation.......„• .. 6.7.3 "Or -Equal" ................................................... 6.7.1.1 Substitute Construction Methods E1CDC GE•NEI AL CONDITIONS 1910.8 (1990 EDIT] ON) wJ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) I I I I I I I I I I I I I I I I I I Article or Paragraph Number or Procedures ............................................. . 6.7.2 Substitute Items ....... .................. 6.7,1.2 Subsurface and Physical Conditions -- Drawings of in or relatiig to ......................... 4.11.2 ENGINEERs Review..-. I I .... 1. 1. 1 ...... I ......... 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 ............... 4.2.5 Possible Price and Times Adjustments ...............4.2.6 Reports and Drawings ......................................4.2.1 Subsurface anc................................................... . 4,2 Subsurface Conditions at the Site...... 4ZLI Technical DataL ................................................. 4.12 Supervision- CONTRACTORs responsibility ..................... __O. I OWNER shall not supervise,,,,,,,,,,,,,, ................................ 8.9 ENGINEER shall not supervise ................ 9,2, 9A32 Superintendence.... 6. 6.2 Superintendent, CONTRACTORs resident ............... 0.2 SuPPlemclitIll costs ............................................... 11.4.5 Supplementary Conditions -- definition of .....................................................).39 principal references tq ................. 2.2.2.7. - ................. ­.A.2, 4.3, 5.1, 5.3, 5.4,5_6-5.9, ................ 5.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9.10 Supplementing Contract Documcnt$.........................3.6 3.6 Supplier -- definitionof ..................................................... 1,40 principal references to ........... �3j 6.5, 6.8-6.11, 6.20, ..........................................6.24, 9.13,14.12 Waiver of Rights ...............................................6.11 6.11 Surety - consent to final payment...,___,,., j4,12,1414 ENGINEER has no duty tq ................................ 9.13 Notification of_ 10.1. 10-5.15.11 qualification of ......................... I .................. Survival of Obligation:k ........................................... 6.34 Suspend Work, OWNER May ....................... j3.10,15.1 Suspension of Work and Termination.......................15 CONTRACTOR May Stop Work or Terminate..........................................15.5 OWNER May Suspend Work ..............................1.5.1 OWNER May Term irate : .............. .... 15 * 2-15.4 Taxes -Payment by CONTRACTOR. ................... 0-15 Technical Data - Limited Reliance by CONTRACTOR ............ 4,2.2 Possible Price and Times Adjustments ..............4.2.6 Reports of Differing Subsurface and Physical Conditions..................... -.4.2.3 xiv Temporary construction facilities.......- ....................4.1 4.1 Article or Paragraph Number Tenn ination" by CONTRACTOR ................................... 5.5 by OWNER ........................................ 8i8,15.1-15A of ENGINEER'S, e.niployment., .......................... ...8.2 Suspension of Work-in general .............................15 Terms and Adjectives.............................................3.4 Tests and Inspeaions­ Access to the Work, by others...... I ....................13.2 CONTRACTOR'S responsibilities ......................33.5 cost of 13.4 coveting Work prior tQ .............................. )3.6-13.7 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 ENGINEER .........................9.6 timely notice required.............................. Uncovering the Work, at ENGINEMs request.......................................... _ .... 13.8-13.9 Times -- Adjusting................................. ...... .................. 0.6 Change of.Contract ... ............................. Computation Of'.................... ..................... 17.2 Contract Timeslefinition of ............ ­ .... ; ..... ­ 1.12 day........................ ...................... ..... 17.2,2 Milestones.... ...................... - ............................. )2 Requirements - appeals....................... ........ ................ 9.10,16 clarifications, claims and disputes .................9.11, 11.2,12 Commencement of Contract Times ................ 2.3 Preconstruction Conference,,. . 7.8 schedules - ....................................... Z6, 2.9. 6.6 Starting the Work ......................... ......... 2.4 Title, Warranty Of ...................................... ........... 14.3 Uncovering Work ............................................. 13.8-13.9 Underground Facilities, Physical Conditions_ definition of ....... definition ........... ................................. 3.41 Not Shown or Indicated.,...... ..... I .... ­ .... .......... 4.3.2 protection of * ......... * ..... ­ .............. I ......... ­4.3, 6.20 Shown or Indicated .................... 4.3.1 Unit Price Work- claims.........................................................11.9.3 definition of ....... ............................................. 1.42 general 1.9. 14.1. 14.5 Unit Prices-- generall 1.3.1 Determination for 9.10 Use of Premises * ....... *** .................... ........ * ......... ­ 6.16, 6.18, 6.30.2.4 Uility.owners... .......................... �, 13, 6.20, 7.1-7.3, 13.2 Utilization. Partial __, ......... .... 1,28. 5.15, 6.30.2.4. 14.10 Value of the Work ..................................................11.3 Values, Schedule of..............................2.6. 2.9-2.9,14.1 EJCDC GENEM CONDITIONS 1910-s (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS XV 9199) I I 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 partied ................. 5,11,6,11 Warranty and quarantee, G6rieral--by CONTRACTOR.....-, ............................. 0.30 Warranty of Title, CONTRACTOR's ........................14.3 Work -- Access to_-...-„.,._,,,,-_.„:, ..................... ........................ 13.2 by others," ............................................................. * 7 Changesin & "*'-*"* ..... ** ....... * ............................. .............**....... Continuing the ..................................................6.29 CONTRACTOR May Stop Work or Terminate )5.5 Coordination of ............... ........ ­ ............. 7.4 Cost of the definitionof,,,,,,,,,,,,,,,,,,,, .................................. 1.43 neglected by CONTRACTOR .. ; ........................ 13.14 other Work 3 OWNER May Stop Work ......................... ....... 13.10 OWNER May Suspend Work ................... J3.10,15.1 Related, Work at Site..... ................................ 7.1-7.3 Startingthe ................. .......................... .......... 2.4 Stopping by CONTRACTOR .............................1.5.5 Stopping by OWNER ................................. 15.1-15.4 Variation and deviation authorized, Work Change Directive — claims pursuant to ............................................. 30.2 definition of,„__._...._.- — ...... ............. 1.44 principal references to, .................... 3.5.3,10.1-10.2 Written Amendment -- definition bic. . ....... ................................ I_ . ...... 1.45 principal references to ... ' L ......... 1. 10*, 3.5, 5.10,15.12, ..............I.........(.6.2, 6.8.2, 6.19,10.1, 10.4, *':** .................... **' 11.2, 121, 13.12.2,14.7.2 Written Clanfications and InterpretaLiowk ..................... ............ 3.6.319.4,9.11 Written Notice Required — by CONTRACTOR ........................ 9. 1 0-9.1 1, ...... 10.4.11.2, 12.1 by OWNER ..... ...... ....... 10.4,11.2, 13.14 xv EJCDC. GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) I I I I I I t I I I I I I I 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. 1. 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. 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. Do not burn waste materials. Do not bury debris or excess materials on Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from Project site and dispose of lawfully. END OF SECTION 01770 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 I and other Division 1 Specification Sections, apply to this Section. Page -16- I (This page left blank intentionally) I x"' EJCDC GENERAL CONDITIONs 1910.8 (1990 EDInON ) w/ aTY OF FORT COLLINS MODIFICATIONS (REV 9199) GENERAL CONDITIONS ARTICLE 1-DEFINITIONS 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: LL Addenda —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. Agreemeni—The written contract between OWNER and CONTRACTOR covering the lklork to be performed, other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Applicatifor Payment —The form accepted by ENGINN whichon is to be used by CONTRACTOR in requesting progress or final payments and which is to be aocortpamed by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos —Arty material that corttains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by`the United States Occupational Safety and Health Adminisaration, I.S. Bid -The offer or proposal of the bidder submitted on the prescribed farm settingforth the prices for the Wort: to be performed. 1.6. Biddies DoctonenLr--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 Regrrtrements--The advertisement or invitation to Bid, instructions,to bidders, and the Bid form. I.S. Bonds -Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Conned 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), CONTRACTOR'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 EJCDC OENERAL CONDITIONS 19104 (IM E(Etion) V CITY OF FORT COLLINS MODIFICATIONS (REV 4120ae) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEERS written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 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: (�) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13; COMRACTOR—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 conform 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 ENGINEER's recommendation of final payment (unless responsibility, for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.16). 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. L16. Effective 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 Agreement 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. 1.18. ENGINEER's Consultant —A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER'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. 11 120. General Requirements —Sections of Division 1 of the Specifications. 121. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 US-- Section 6903) as amended from time•to time. 122 a. Laws and Regulations; Laws 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. 122.b. Legal Holidays —shall be those holidays observed by the City of Fort Collins. ' 123. Liens. —Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone --A principal event .specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of Awdrd--A written notice by OWNER to the apparent successful bidder stating lief: 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 ENGINEER) fixing the date on which the. Contract Times will commence to iun and on which CONTRACTOR shall start to perform .CONTRACTOR'S obligations under the Contract Documents. 1.27. 01 4MR-The public body or . authority, corpomtion association, firm or. person with whom CONTRACTOR has entered into the Agreement and for wham .the Work is to. be provided 1.28. Partial Utilaation-.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. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquidat'standard conditions of tie4mperaturee and pressure (60 degrees Fahrenheit and 77 poundsper square inch absolute); such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non Hazardous 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:e. Ra&oactive Materia�_Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of MI)C OENERAL CONDITIONS 19105 (1990 Edilim) a,! CITY OF FORT COLLINS MODIFICATIONS 0EV 412000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 132.b. Rer:ular Woridne Hours -Regular working hours are defined as 7:oz to 6:OOTxn unless otherwise specified in the General Requirements 133. Resident ProjectRepresentatim—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 be judge 1.35. Shop Drandngs--All -drawings, diagrams, illustrations, schedules and other data or information which are .specrficall} prepared or assembled by or for CONTRACTOR amid submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifrcahms—Those portions of the Contract Documents consisting of written technical descriptions of materials,.equtpmerit, cxmstruction systems, standards and wo&handup is. applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor --An individual, firm or corporation fiaving a.direct coritrad with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38, &bsttantial Completion The Work (or a specified part thereo has progressed to the px x t where, inthe opinion o ENGINEER as evidenced by ENGINEERR'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 final payment as evidenced by ENGMEER'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 139. SipplemeWary 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 any _ Subcontractor to fvrmsh materials or.,equtpment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground 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 an the oasis 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 performing or 'furnishing labor and furnishing and incorporating materiali and equipment into the construction, and performing or furnishing services and furniging documents, all as required by the Contract Documents 1.44. Work Change Directive —A written directive to CONTRACTOR; issued on or after. the Effective Date of the Agreement and signed by OWNER and recommended by EGINEER, 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 expect 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 this Contract Price or Contract Times as provided in paragraph 10.2 1.45. Written Amenc6nent.-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 nontechnical rather than strictly construction -related aspects of the Contract Documents: ARTICLE'2—PRELIMINARY MATTERS D¢Gvery of Bonds; 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies' ofDocuments: 2.2. OWNER shall furnish 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, EJCDC GENERAL CONDIMOM 1910-8 (1990 Edon) w•/ CITY OF FORT COLLINS MODIFICATIONS MEN 42000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice.to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. IR no ad wit! the G t T• of Bid eper3ing orhe thaeth fey, aRer the4sffeetive Date e ecrnent-w3tiehevesr-c�isear4ier: Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contracf Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to nut Before &arting Construction: 2.5, Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents. and check and verify pertinent figures rhown "thereon and all applicable field measurements: CONTRACTOR shall promptly report in writing to ENGINEER an conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proeeedirig ,with an Work affected thereby; however; CONTRACTOR shall not be.liable to OWNER or ENGINEER for tailure.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 alter the Effective 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 times (numbers of days 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 case will a schedule be acceptable. which allows less than 21 calendar days for each review.by Enaineer. 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 parts 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 .shall eaeh deliver to the etlw OWNER with copies to :.+...:.:re a : —nditie ENGINEER rr � certificates of insurance (and other evidence of insurancesa»eb1Y—reauasF kstal b OWNER) which CONTRACTOR_ ae stiva}y are is required to purchase and maintain in accordance with Paragraphs 5.4 3 ftirti!-5. Preconstruction Conference: 2.8. Within'weriWdays after the Contract Times start to run, but before any ork at the site is started, a conference attended by CONTRACTOR; ENGINEER and others as 9F��gs.cheddles will ' be held to establish a working among the parties as to the Work and to referred to in paragraph 2k, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records, InidaUyAcce *We Schedules. - Unless otherwise provided in the Contract a oontemtce attended: by CONTRACTOR, ENGINEER and others as srap>�ate dgteij by OWNER will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule'*- ill be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility.theref= CONTRACTOR's schedule of Shop Drawing and Sample submissions willbe acceptable to ENGINES as providing a workable arrangement for reviewing am processing the, required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance, ARTICLES -CONTRACT DOCUMENTS. INTENT, A1MiDING,REUSE. Intent. 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR �11,F theWork The Contract Db6hmerrts are tary; wharis called for by one, is as binding as if by all The 'Contract Documents will be construed in accordance with the law of the place'of the Project. 12. it is the intent of the Contmct Documents to EJCDC OENERAL CONDITION5191o$ (19901 ditim) a/ CITY OF FORT OOLIAM MODIFICATIONS (REV 4l1000) describe a functionally complete Project (or part thereof) 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 customor trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or pbrases which have a well-known technical or construction. industry or trade meaning are used to cl,escrtbe Work, materials or equipment, such words or phrases shall "be interpreted inaccordance with that meaning. Clarifications and mterpretatiois of the Contract Documents shall be issued by ENGINEER • as'provided in paragraph9A. 3.3. Reference to &andanls and Spec�ffcadons of Technical .Societies Reporting and Rewhing Discrgwncies: 33.1. Reference to, standards, specifications, manuaLg or codes of any technical society, organrzstion 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 Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement of there were no Bids); except as may, be otherwise specifically stated in the Contract Documents. 33.2. Il; 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 ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected. thereby (except in an emergency as authon2ed by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph3:5 or 3.6, provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER 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,resolviiig any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and. 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not 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;chm-W the duties and responsibilities' of OWNER, CONTRACTOR or ENGINEER, or any of'their subcontractors, 'consultants, agents or employees from those set for6 in the Contract Documents. nor shall it be effective to assign to OWNER, ENGINEER or airy of ENGINEER'S Coiisultartts, egertts or eri�ployees:aiiy 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 9.13 or any other provision of the Contract Documents. 3.4. ' ` Whenever in the Contract Documents the terms "as ordered", "as directed", "as.required", "as allrnved", "as approved" or terms'of like "effect or -import are iised, or the adjectives "reasonable "suitable", "acceptable", "proper" or "satisfactory" or adjectives. of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that we requirement, 'direction, review or judgment will be solely to evaluate, tn'.gerieral. the completed Work for comphance 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 MY such term or adjective shall not be effective to assign to ENGINEER. any, duty. 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 Contact Documents. 3.5; The Contract Documents may be amended to provide for additions, delgtions 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), or Ex DC OENEm CONDI n om i 9 io-8 o 990 Edtim) a/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000j 3.5.3. a Work Change Directive (pursuant to Paragraph 10.0. 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Wort: may be authorized; in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.51 1&2. ENGINEER's approval of a.Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3: ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse ofDocumeiitc: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or orgariation performing or furnishing any of. the Work under a direct or indirect contract with OWNER (i) shall not have or aogwc any title . to or ownership rights in any of the Drawings, Specifications or. other documents(or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER s Caristiltant, and (n)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 LA SIDS; . SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS AvaUabifity ofLandv: 4.1. OWNER shall furnish, as indicated in the Contract Documents,. the lands upon which di,e Work is to be performed, rights -of -way and easements for access thereto, and such other fi;i&which are designated for the use of CONTRACTOR n rasuest; OWNER shall identify any emumbrances 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 facilities will tie obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are ratable 'to agree on entitlement to or the amount or extent of any adjustments in the Contract Price'or the Contract Times as i result of any delay in OWNER's furnishing these lands, rights-of- 9 or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 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. 4.2. Subsurface and Physicat Coniiitinnr 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 corm ous to the site that Have been. utilized by ENG in preparing the Contract Documents; and 4.21.2. Physical Conditions; " Those drawings of physical aarditions in, Or felating to existing surface or subsurface structures at or contiguous to the site (except "ilnddWound Facilities) that_ have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized• Technical Data: CONTRACTOR may rely upon the general accuracy of the. "technical data" contained in such reports and drawings but suck reports attd 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 aspect to: 4.2.2.1, 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 of construction to be employed by CONTRACTOR and safety precautioets and programs incident thereto, or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the 'character provided for in the Contract Documents; then CONTRACTOR shall, pFernplb, immediately after becoming aware thereof and before further disturbing conditions affected thereby :ar, performing any Work in connection therewith (except in an emergency as pemiitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such contdition. CONTRACTOR shall not further dishab such conditions or perform any Work m gonnection therewith (except as aforesaid)ii ttil receipt of written order to do so. 4.2.4, ENGIAM's Review: ENGINEER will promptly review the pertinent oonditions, determine the necessity of OWNER'S obtaining additional exploration or tests with respect thereto and.advise OWNER in writing (with a Dopy to CONTRACTOR) of ENGINEER's findings and conclusions. . 4.2.5. Possible Contract Documents Change: If ENGTNTEER 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 Directive or a Charge Order will be issued as provided in Article 10 to reflegt and document the consequences of such change. 4.2.6. 'Possible Price and 1}mes Acjtcsbnentr: An equitable adjusttiient in the Contract price rx 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 CONTRACTOR's cast ol; or time required for performance of the Work; subject, however, to the following: 4.22.2. other data; interpretations, opinions 4.2.6.1. such condition must meet any one or and information contained in such reports or shown more of the categories described in or indicated in such drawings, or paragraphs 4.2.3.1 through 4:2.3.4, inclusive; 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 Differ*g Subsurface or Physical Con&dons: 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 "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4 2.l and 4.22 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 EJCDC GENERAL COND1710M 1910.5 (1990 E(6tim) W CITY OF FORT COLu NS moDincA770Ns (REV 4R000) 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 precederrt.to entitlement to any such adjustment; 4.2:6.3. with rasped to Work that is paid for on a Unit Price Basis .any adU*ustiment in Contract Price will be subject to the provisions of paragraphs9.10 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 respell of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.1 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 foi CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6A.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. . If OWNER and CONTRACTOR we unable to agree on entitlement to or as to the a "amount or la*tli of any such equitable adjustment in the Contract Puce or Contract Times, 'a claim may be made therefor as provided in Articles i l and 12. However, OWNER. ENGINEER and ENGINEER's . Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by'CONTRACTOR on or in connection with any Other project or anticipated project 4.3. Physical ConrTiBons--Underground FaeiliNesr 4.3:1. Shown orin&cated.• 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 an information and data fim fished :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 cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for (i).reviewung and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Docummts,(iii) coordination of the Work with the owners of such 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_ 4.3.2. Nol Showm or Indicated.• 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, pram>3tly immediately alter becoming aware thereof and bejlcare 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 EICDC OENER AL CONDITIONS 1910$ (1990 Edttim) vd CITY OF FORT COLLINS MODIFICATIONS'OtEV 4/2000) give written notice to that owner and to OWNER and ENGINEER ENGINEER 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 ChangeWork.Directive or a Change Order will be issued as provided'in Article 10 to reflect, and document. such.coissequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as, provided in Paragraph 6.20. CONTRACTOR slisll my 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 not shown or .indicated in the Contract Documents and that CONTRACTOR did not know of and could riot reasonably have been ted to' be aware of. or to have anticipated IfOWAanid CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Tunes, CONIRACTOR may make a claim therefor as provided. in Artielesl I and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points.• 4.4. OWNER shall provide engineering surveys to establish reference paints for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER .CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be resporisible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified. in the Contract Documents to be withal 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 CONTRACTOR, Subcontractors Suppliers or anyone else for whom CONTRACTOR is responsible. 1 J EJCDCGENERALCONDITIONS 1910-8 (1990Ech6m) a/ C1TY OF FORT COLLINS MODIFICATIONS (REV 411000) ARTICLE 5—BONDS AND INSURANCE Performance, Paymew and OtherBonds: 5.1. CONTRACTOR shall famish 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 CONTRACTOR'S obligations; under the Contract Documients. These. Bounds shalt remain in effect at least until one year aflei the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by. ilte Coa&iici Documents. CONTRACTOR shall also fiirnish'such other Bonds as are required by the SnpplementaryConditions. All Bonds shall be in the.form prescribed by the Contract Documents shaapt as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list. of "Companies. Holding Certificates of Authority as.Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as blished in Clrcular570 (amended) by the Audit SiaRlBureau of Government Financial Operation, U.S. Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 52,, If .the surety ,on, any Bond furnished by CONTRACTOR _ 1s declared a banlawt or becomes insolvent or Its right to do bit. ess to terminated in any state,wfiere any part of the P[bj;dd.1s located or it ceases to meet the requirements -of parwaph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety; .both ofwhidl must be acceptable to OWNER. 5,3. .Licensed Sureties and Insurers; Ce hf-Wes of Inartronce 5.3.1. All Buds and insurance required by the Contrac;.Docuinents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance Cmpanies 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 coyera is, so required Such surety and insurance cortipames shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 53.2. CONTRACTOR shall deliver :to OWNER, with copies.to each additional insured identified in the ppl Suementary Conditions;, certificates, of insurance (and other 'evidence of insurance requested by OWNER or arty other additional insured) which CONTRACTOR is required to purchase And maintain in_accOrdance with paragraph 5.4. 9 11 T 't[t—Tf _ - YYiti+-" CONTPUCTOR'sLiabifiry Insurance. 5.4. CONTRACTOR 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 claim's set forth below which may arse out of or result from CONTRACTOR's performance and famishing of 'the-, Wort: and. CONTRACTOR's other obligations tinder the Contract Documents, %4wther it is to be performed "or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirect] employed by them any of to perform or famish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims wider workers compensation, disability benefits and'other similar employee benclit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or' disease, or lath 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; teary by 5.4.5. claims for damages, other than to the Work itself: because of injury toor 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 msurance.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 5.4.9 include as additional insureds (subject to any customary exclusion in respect. of pro inoonnal liabili ), OWNER, •ENGINEER, ENGINEERs Consu rants and any other persons or entities identified in the SupplerrierAery Conditions, all of whom shall be listed as additional insureds, and include coverage for the, respective officers and employees of all such additional insureds; 5.4.8. 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; E1CDC GENERAL CONDITIONS 1910.8 (1990 Echtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 5.4.10. include contractual liability insurance covering CONTRACTOles indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 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 given to,OWIdMR and CONTRACTOR arid to each other additional insured identified to the`Supplementaty Conditions to whom a`ce.rucate of u, =u ance.has been issued (and the oertificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least "until final payment and at al l times thereafter when CONTRACTOR may be correcting, removing, or. replacing tdefectne Work in accordanc6 with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and. any ii!sulance coverage written on a claims -made `basis; remain in effect for atleast two years after final payment (and CONTRACTOR shall fiunish OWNER and each other additional insured identified to rife SupplementaryConditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such' additional insured of continuation of such insurance at final payment`andone year thereafter). 0147AER'sLiabigty Insurance: 3.5. In addition to insurance required to be provided by CONTRACTOR and r_ paragraph 5.4, OWNER, at OWNER's option,. may purchase and maintain at OWNER's expense OWNER's own liatnity insurance as Win 'protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 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. 1 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. PART 2 - 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. ' 1. Preparation: Mark Record Prints to show the actual installation where installation vanes 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. Page -17- � �MH•a• _..jj�� 5.9. OWNER shall not be responsible for purchasing and maintaining any property lmurance to protect the interests.,of CONTRACTOR, Subcontractors or others in 10 E)CDC GENERAL CONDITIONS 1910-9 (1990 Edition) w! CITY OF FORT COLLINS MODIFICATIONS (REV 411000) Receipt and Application of InsuninceProceeth. 5.12. Any insured loss under the policies of insurance required by paragraphs 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 paragraph5:13. OWNER shall deposit in a sepanite account any tnoncy 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 be repaved or Tepiaoed, 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 loss with the insurers unless one of the parties in interest shall object in writing ritingwithin fifteen days after the occurrence of loss to OWNER's exercise of this power. 'If such objection be made; OWNER as fiduciary small make settlemerit' with the insurers in accordance with such agreement'as the.parties rn iradest 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 Acceptance ofBonth and Insurance; Opfion to Replace. 5,14. If ' OWNER has any gbgection'to the'coverage afforded by or other provisions of the 13� insurance required to be purchased ' and maintained by' the -party CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents. the in writing with the certificates 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 DMC 004 AL CONDITI ONS 19105 (1 M &6tim) w7 CITY OF FORT COLLI Ns MODIFICATIONS Ot V 412000) Completion of all the Work, such use. or occupancy may be accomplished in accordance with paragraph 14.it7 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 cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE. 6-CONTRACTOR'S RESPONSIBUXfIES SupviVWon and Superintendence: 6.1. CONTRACTOR shallsupervise, inspect and _ direct the Work. compcienily 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, buYCONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific . means, method; technique, sequence or procedure ofconstibetion which is:shown or indicated in and e_Xpressly required by'the Contract Documents.CONTRACTOR shall be tesporisible to see ihat the Documents. Work compiies,acc�rrately with the Contract 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 under extraordinary circumstances. The superintendent will be CONTRACTOR' representative at the site'and shall have authority to act on behalf of CONTRACTOR. All communications to the 'superintendent shall be as binding as ifgivento CONTRACTOR Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as. required by the Contract Documents: CONTRACTOR "I] stall times maintain good disci�ppline and order'st the -site. Excbpt 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 Wort: at the'site shall be perfomjed during regular working hours and CONTRACTOR will riot permit overtime work or the performance of Work on Saturday, Sunday or airy legal holiday without "OWNMs written consent given after"prior written notice to ENGINEER 6.4, Unless otherwise, specified in the General Requirements, CONTRACTOR shall famish and assume ' full responsibility.for all materials, equipment, labor, transportation, construction equipniient'and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, tempcn, y facilities and all other necessary for, the furnishing, facilities and incidentals Work. ' performance, testing, start-up and completion of the 6 4 1 Purchesigg Restnctions CONTRACTOR must ct�olY with''the Oily s purchasiti restrictions. A Copy of the resolutions ale available for review m the offices of the. Purchasing and Risk Management ' Division or the Z5i Clerks office. 6 4 2 Cement Restrictions: City of Fort Collins Resolution 91-121 requires that sugplieis and uroduceis of cement or predicts contamina cement Ao certify that the cement was not made m 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 OWNER if required by ENGINEER CONTRACTOR shall famish satisfactory evidence (including reports of required tests) as to the kind and quality of. materials and equipment All materials and eqw eat shall be applied, installed, connected, erected, used, cleaned and condmoned in accordance with instructions of the applicable Supplier, except as otherwise ' provided in the Cotmact 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 paral ph2.9) proposed adjustments in the progress Times ' schedule that will not change the Contract (or Milestones). Such adjustments will.confonn generally throgress schedule then.iri effect'and additionally iepo 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 Milestones) shall be submitted in accordance withthe 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. Subditutes.and "Or -Equal" Items: ' 6.7.1. Whenever an item of material or equipment is or described in the Contract Documents by specified using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required Unless the specification or description ' EJCDC OENER AL CONDITIONS 1910-8 (1990 E(ition) ' 12 w/ CITY OF FORT COLLINS MODIFICATIONS (Rif' 4/2000) 11 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 ETGINEER under the following circumstances: 6.7.1.1. Or -Equal". If in ENGINEER.s sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that mined and sufficiently similar'so that no change in related Work willbe required, it may be considered by ENGINEER as an "or al" item, in which case review and approval of the proposed item may; in ENGINEER's sole discretion, be accomplished without compliance with some' bi 'all of the requirements for acceptance of proposed substitute itans. 6.7.1.1 Substfhite llems• If in'EgGINEER's sole discretion an item of material or equipTent proposed by CONTRACTOR'does not qualify as an "onequal" item under subparagraph.6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR 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'for review by the ENGINEER will include the following as supplemented in the General, 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 ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR . shall fast make written application to ENGINEER for acceptance thereof, certifynig 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 same use as that specified 'The -application will state the extent, if any, to which the evaluation and 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 wall 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. All variations of the proposed substitute from that specified will be identified in the application and available mairdcnaiice, 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 COTRACTOR to furnish additional data about the proposed substitute. 6:7.1.3. CONIRACTOR's Expeiue: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's.expense. 63.2. Snibsdtute Cd-"'clion Methods or Procedurt?s: 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.conskuction acceptable to ENGINEER. CONTRACTOR.shall submit sufficient information to allow ENGINEER, in ENGINEER's 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. EngineeeEvaluation.;. ENGINEER will be allowed a reasonable time. rvithin 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 be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at coNTRACTom expense a special performance .guarantee or other surety. with respect to.any "or equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR Truant to paragraphs 6.7.1.2 and 6.1.2. and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned 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 ENGINEER's Consultants for evaluating each such proposed substitute item. 6_8. Concerning Subcontractors, Suppliers and takers: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier .or other person or organization (including those acceptable to OWNER and ENGINEER asindicatedin paragraph 6.8.2), whether initially. or as a substitute, against whom OWNER or ENGINEER may Have reasonable objection. CONTRACTOR shall not be required to employ airy Subcontractor, Supplier or other person or organization to furnish or perform arry of the Work against whom CONTRACTOR had reasonable objection. 0CDC GENERAL. CONDITIONS 1910-8 (1990 Editim) w CITY OF FORT COLLINS MODIFICATIONS'OtEV 412000) CONTRACTOR shall perform not less than 20 percent: of the. Work with its 'own forces (that is, without. subcontractinm): The 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 Tercent of the Contract Rice. 6.8.2. Biddin>? Documents require the identity of certain Subcontractors Suppppl1iers or other persons or argarnzat Cris (including those who. are to furnish the principal 'items of materials or .equipment) to be submitted to OWNER 'f+ed date prior to the Effective Date of the Agreement for acceptance by OWNER end ENGINEER —ad --if OWNER'S ar ENGINEER'S acceptance (either ^in writing or by failing -to make, written objection thereto by the date indicated for acceptance or objection in the bidding documentss.or the'Conrtract Documents) of ENGINEER No acceptance by VWNhK or ENGINEER of any such Subcontractor, Supplier or other person or Organization shall constitute a waiver of any right of OWNER or ENGINEER to reject rfective Work 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, 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 CONTRACPOWs own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier of other person or organization any contractual rcliitionship between � OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any 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 CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Wodc to communicate with the E1VGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of an Drawings 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 CONTRACTOR by Subcontractor or Supplier will be pursuant to appropriate agreement between .CONTRACTOR and Su clot or Suppler which specifically binds Subcontractor or Supplier to the applicable terms conditions of the Contract Documents for the benefit Patent Fees and Ro}mltlea: ' an the the end Of 6.12. CONTRACTOR shall 'pay all license fees and royalties and assume all casts 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 purtrculai invention, design, process, piodugt or device is specified in the Cimtract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment oforry license fee or royalty to others, the existence of such rights, shall be disclosed byOWNER.in &r Contract Documents. To the fullest edent, permitted by Laws and Regulations. CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors; employees, agents and other consultants of each and any of them from and'against all claims, cc" losses and damages arising but of or "resulting from any infiingement of patent rights or copyrights incident to the usein 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. EJCDC OEN&RAL CONDITIONS 19105 (1990 Edition) w/ CITY OF FORT COLLI NS MODIFICATIONS ftN 412000) 1 Penaitss 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 of Bids, or, if there are no Bids, on the Effective If 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 ;elated thereto such as plant investment fees. 6.14. Lans and Reguladens. 6.14.1. CONTRACTOR shall give all notices and complyp with all Laws aril Regulations applicable to Curmsfn»g and performance of the Work. ° Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. 1f CONTRACTOR performs any Work knowing or hav 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 shal I not be CONTRi4CTORs primary responsibility to make:oertain that the SpeciScations and Drawings are in accordance Iwith. Laws.anid Regulations, but this shall not. relieve CONTRACTOR of CONTRACTOR'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 local sales: and 'use taxes on materials to be permanently incorporated into theproject. Said taxes shall not be included in the Contract Price. CONTRACTOR must apply for and itceive a Certificate . ' of the Colorado Dmartment of Revenue for constructionmaterials to be physically incorporated into. the project This Certification of Exemption provides that the CONTRACTOR shall neither nay nor include in his Bid Sales and Use Taxes on those building and coristruetion materials physically incorporated into the vroiect. Address: Colorado Deoartrnent of Revenue State Capital Annex 1375 Sherman Street Denver. Colorado, 80261 Sales and Use Taxes for the State of Colorado Revional 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 (inc lu State collected taxes), on any items other than construction and building materialsphvsically incomorated into the elect are to be prrid by CONTRACTOR and are to lx included ern appropriate bid items. Use of Premises: 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 easements, 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 area, 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 arty such owner or occupant because of the perfmmance of the. Work, CONTRACTOR shall promptly settle 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 extent permitted by Laws.and Regulations, indemnify and Bold harmless .OWNER, ENGINEER. ENGINEER'S Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arisirng out of or resulting flora an claim or action legal or equitable, brought by any such owner or occupant against OWNER ENGINEER or any other party indemnified hereunder. to the octent caused by or based uponODNTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials: rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials; rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of theVork. 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 stricture to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents.- EJCDC GENERAL CONDITIONS 1910-8 (1990 E(fition) WICITY OF FORT COLLINS MODIFICATIONS OZEV 4/2000) 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 doouments 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 foist payment, these record documents; Samples and Shop Drawings will be delivered to ENGINEER 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 shalt take all necessary precautions for the safety .of and shallprovide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. 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 site of adjacent thereto, including trues shrubs lawns, walks pavements roadways, structures, utilities and Underground Facilities not desiignated for removal, relocation or ieplacernent 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 shall 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 affect them, and shall cooperate with them in the protection,.reruovai, relocation and replacement of their property. All'damage, injury or loss to any property referied to in paragraphs'.6.20.2 or 6.203 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor. Supplier or any other person or organization directly 'or indirectly employed by any of them to perform of furnish any of the Work or anyone for whose acts any of them may be Gable, 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 foi`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 organitatuen directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 1 .1 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_ Sdfery Represenraffve: CONTRACTOR shall desigmte 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 Communication 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 Laws or Regulations. F. nergencies: 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 authorimfion from OWNER or ENGINEER, is obligated to act to prevent ;threatened damage, injury or loss. CONTRACTOR shall gjve ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines. that a change in the Contract Documents is required becaiise: of the action taken by CONTRACTOR in response to such an emetgeiicy, a Wort` Chaii®e 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 Drawing 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 shown on the Shop Drawings will be complete, with respect to quantities, dimensions,. specified performance and design.criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with 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.subminai for the limited 16 EJCDCGEt.SMCONDIT7OtS1910-9(1990Edition) a'/ MY OF FORT ODLLINSMODIFiCATIONS (REV 412000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Proeednres: .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, ' shi ping, Handling,. storage, assembly and, installation pertaining to the performance of the Work, and 6.25.1.3_ all , information relative to CONTRACTOR's sole reslionsibili 'es in respect of means, methods, teme ques, 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 requtrements of the Work and the Contnict Documents. 6.25.2. Each submittal will bear _a:stamp or specific written indication that CONTRACTOR has satisfied CONTRACTORs obligations under the Contract Documents with'respectto CONTRACTOR's review and approval. of that submittal 6.25.3. At the time of each submission, CONTRACTOR shall . give ENGINEER specific written notice of such variatiosts, 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 the submittal; and, in addition, shall cause a specific rotation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 6.26. ENGINEER 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. ENGINEERs 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. ENGINEERs review and approval will not extend to means, methods, techniques, sequences or procedures of constiuction (except where a particular means, method, technique, sequence or procedure of cornspuction 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 Shoji Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.2T 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 ENGINEER's attention . to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Draiving,or•Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9, arty 'related Work performed pear to ENGINEER's review and approval of the Pertinent spbinittal will be. at the sole expense and responsibility of CONTRACTOR - Continuing the Work: 629. CONTRACTOR shall carry on the Work and adhere to the progress schedule. during 'all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 630. CONTRACTOR's General ' Warranty and Guarantee: 6.30.1..CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEERS Consultants that all Work will be in accordance with the Contract Documents and will not be defeilive. CONTRACTOR'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 EJCDC GENERAL CONDITIONS 1910-8 (1990 E(Etion) a/ CITY OF FORT COLLI NS MODIFICATIONS (thy 4R 000) 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 ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of ' a certificate of Substantial Completion or arty 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 by others; or 6.30.2.8. arty correction of ckfective Work by OWNER. Indwut#ic aWon: 6.31.. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall_ indemnify and hold harmless OWNER, ENGINEER ENGINEERS Cormiltants.and the officers, directors, employees agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and chargesof engineers, architect. attonieys 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, cos; lass or damage: (17 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 (H) is caused in whole or in part by any negligent actor omission of CONTRACTOR any Subcontractor, any Supplier, arty person or organization directly or ind iectly.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 H any of them to perform 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. 633. The 'indemnification obligations of CONTRACTOR under' perag aph 631 shall not extend to the liability of ENGZMER and ENGINEER'S. Co tsultants, officers, directors; employees or agents caused by the professional negligerim,errors or omissions of any of them. .Survival ofOhUgationiti 6.34., All representations, indemnifications, warranties and guarantees made in, required byor given in:accordance with the Contract Documents,'as well as all''6ontinuing obligations indicated in the Coitraa Docu cnts, will survive final pa}mtent, cotapletiiir and acceptance. of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related Work at Sire: 7.1. OWNER. may perform other work related to the project at the site by OWNER's own forcers. or let other direct contracts therefor which shall contain General Conditions similar to these, or have, other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Docuriients then (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (u) CONTRACTOR may make a claim .therefor as provided in Articles 11 and.12 if CONTRACTOR believes that 'such performance will involve additional expense to CONTRACTOR.or requires additional time and the patties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a directcontract and each utility owner (and OWNER,, if OWNER is perf6niiing the additional work witli'OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials aril equipment and the execution of such other worst and shall properly connect and coordinate the Mork with theirs. Unless otherwise provided in the. Contract Documents, CONTRACTOR shall do all cutting fitting and patching of the, Wort: that maybe required'to make its several paits come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cattitig, excavating or otherwise 'alter 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 CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EICDC OEN.'ERAL CONDITIONS 1910$ (1990 E(ition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4l1000) 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 CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and pprromptly report to ENGINEER in writing any delays .defects or deficiencies in sueh.other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work CONTRACT.OR's failure so to report will oonstitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for, latent,or,nonapparent defects and deficiencies in such other work. Coordination: 7.4.If OWNER contracts with others for the pierfi"ance of other work on the Project at the site, the following will. be set forth in Supplementary Conditions: 7A.1. the person, firm. or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized, and 7A 3, the extent of such authority and responsibilities will be provided. LWess otherwise provided 'in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8--OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whose status under the Contract Documerrts�sha�ll b that of the former ENGINEER 83. OWNER shall furrush 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. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph4.2 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 structures at or contiguous to,the site that have been utilized by ENGINEER. in preparing the Contract Documents. fe£t#t.:iri-pal9�a� ���t.u»ois S_1Q; 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.A. 8.7. OWNERs responsibility in respect of certain inspections, tests and "approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see hs.13.10 and 15.1. Paragraph 15.2 deals with O�R's. right to .terminate services of CONTRACTOR under certain cvcumstances. 89. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions arid programs incident thereto, or for any failure of CONTRACTOR to comply with Laws; and Regulations applicable to the fumisiting or performance of the Work. OWNER will not be re_sible for CONTRACTOR's feihrrc to perform or firrriish the Work in accordance with the Contract Documents. ARTICLE 9—E.NGINEER'S STATUS DURING CONSTRUCTION OWNER'S Representative. 9.1. ENGINEER A ill be OWNER's representative during the, construction period. The duties and resMnsrbrlities 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.ENGINEER Hisits to Site.' 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in.order, to observe as an experienced and qualified design professional the progress EJCDCGEN M CONDITIOM 1910.8 (1990 Edition) wi QTY of FORT COLLINS MODIFICATIONS (REV 4I2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the qualify or quantity of the Work. ENGMEER's efforts gill be directed toward providing,for OWNER a greater degree of confidence that the completed Work . will conform generally to the Contract Documents. On. the basis of such vM—ti'and on - site observations, ENGINEER will keep, OWNER informed -of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGMER's visits and on -site observations Fare subject to' all the limitations on ENGINEER'S authority and respc¢isibility set forth in paragraph 9;13, and partiqulaTlyy, but without limitation, during or as a result -of ENGINEER's on -site visits or observations of ' CONTRACTOR's Work ENGINEER will not supervise, .direct, coritrol or have authority over or be responsible for .CONTRACTOR's means, methods, techniques, sequences or procedures of constructiom or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to coon I with Laws and Regulations applicable to the �ng or performance of the Work. Project Representative; 9.3. If OWNER and ENGINEER .agree, ENGINEER will fiarlish a. Resident Project I eprgsentatwe to assist ENGINEER in.providing more continuous observation of the Work. The responsibilities 'and authority and limitations thereon of any such Resident Project Representative acid assistants will be as provided in paragraphs 9.3 - and 03 �rldihow of these General Conditions: If OWNER designates another representative oi.agenl to represent OWNER at the site who is. not ENGINEERs Consultant, agent or employee, the responsibilities and a thOity and limitations 'thereon of such other uerion will be as 9`.3.1- The Reoresentative's dealings in matters pertaining to the.on site.work will in general.' be with the ENGINEER and CONTRACTOR. But. the Representative will keep trig OWNER properly advised about such matters. The Representative's dealing with subcontractors .will only be ehrouph or with the'"full knowledge' and approval of the CONTRACTOR 9.3.2. Duties and Responsibilities. Representatve will: 9.32.1.5chedules - Review the progress 2. 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. 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 Page -18- schedule and other schedules precared by the CONTRACTOR and cmmlt with the ENGINEER concernirig.acaptability. 9.3.2.2. Conferences and Meeting - Attend meeting ivith'''the CONTRACTOR such as preconstruction conferenm,_progress meetings and other job conferences and Drepare and ' circulate copies of minutes of meetings. 9.3.2:3. Liaison ' 9.3.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR working principally through CONTRACTOR'S superjmendent to assist the CONTRACTOR in understanding the Contract Documents. ' 9.3.23.2. Assist in obtammg from OWNER additional details "or information when required for proper execution of the Work 9.3.13.3. Advise the ENGINEER and CONTRACTOR of the -commencement of any Work .re9!iirin a Shoe Drawing sample submission if tie submission has not been api5roved by the EN.GINE1 R 9.3.2.4.Review of Work. Rejection of Defective Work Inspections and Tests 9.3.2.4.1. Conduct on -site observations of the Work in p�,ress to assi§t'the ENGINEER in determjnjn tthat the Work is procecdina in accordance withltheContract Documents. 9.3.2.43. Accompanv visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the ENGINEER. 9.3.25. Interpretation of Contract Doctmtents: Report to ENGINEER when clarifications and intermetations of:the Contract Documents are needed and tansmit to CONTRACTOR clarification and interxetation of the Contract Domments as issued by the Io. t.ta�t 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for EJCDC GENERAL CONDITIOM 1910-9 (1990 Edition) 20 W/ aTy OF FORT COLLINS MODIRCAMONS (REV 412000) modification m Drawings or Specifications and report these recommendations to ENGINEER Ac curatel, transmit to CONTRACTOR decisions Issued by the.ENGINEER. 93.2.7. Records. 93.2.8.1. Furnish ENGINEER periodic Mr as.r ed of the ess of the ork and of the CONT CTOR'S compliance with the progress schedule grid schedule of shop Drawing and sample submittals 9.32.8.2. .Cansuh with ENGINEER in addanee of sch6duhm major tests inspections or start of important phases of the Work. 9.3.2.8.3. Draft proposed Change Orders and Work Directive Chorines obtaining backup material from the CONTRACTOR and recommend to ENGINEER Chance Orders, Work Directive . Changes and field orders 9.3.2.8.4. Report immediately to ENGINEER and OWNER the occurrence of any accident. 9.3.2.9. Pa anent Requests. Review applications for paymenfwith CONTRACTOR for compljance with the established procedure for their submission and forward with recommendation to ENGINEER noting particularly the relationship of the payment requested to the schedule of values. work completed and materials and equipment delivered at the site but not incoroorated m the Work. 9.3.2.10. Completion 9.3.110.1. Before ENGINEER issues a Certificate of Substantial Completion .submit to CONTRACTOR a list of observed items roquirim correction or completion 9.33:10.2. Conduct final inspection in the company of the ENGINEER OWNER and CONTRACTOR .and prepare a final list of items to be corrected or completed. 9.32.10.j. Observe that all items on the final list have been corrected orcompleted and make recommendations to ENGINEER eoncerliniz aeceAtifice. 9.3.3. Limitation of Authority: The Representative shall not. 9.3.3.1. Authorize any deviations from the Contract Documents or accept any substitute materials or equipmentequipmot unless authorized Jy_the ENGINEER 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth hi the Contract Documentss, 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR. Subcontractors. or CONTRACTCOR'S sniierintendent 9.3:3.4. Advise on. or issue directions relative to, or assume control over any aspect of the mean& methods, techniques, sequences or procedures for col stuuction unless such is stiecifrcally called for in the Contract Documents. 9.3.3.5. Advise on or issue directions rmardi lg or assume control over safetX precautions and prop'am"s in connections with the Work. 9.3.3.6. Accept Shop Drawings or sample submittals from anyone other than the CONTRACTOR. 9.1.3.7. Authorize .OWNER to occupy the Work in whole or in M. 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 E]CDCGfiNERN. coNoi* tom t910-8 (imEdOm) w/ QTY of FoRT cow m momRCATioNs (REV 412O ) 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 arid. 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 1 I or Article 12. Authorized Variations in Work.' 935 ENGINEER may :authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adJ ustment in the Contract. Price or the Contract Times and are compatible with the design concept of the ,completed Project as a f inctionmg whole as indicated by the Contract Documents. These maybe accomplished by a Field Order arid, Will . be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies: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 11 or 12. Rejecting Defecdive Work 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed, Project as a functioning whole as indicated by the Contract ants. ENGINEER will also have authority to require :special inspectiai or testing of the Work as provided in paragraph 13,9, whether or not the Wort: is fabricated, installed or completed, Shop Drawings, Change Orders and Payments: 93. In connection with ENGINEERS authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINHERs authority as to Change Orders, see Articles 10;11; and 12. 9.9. In connection with ENGINEERs authority as to Applications for Payment, see Article 14. Determinations far Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 H L I I .1 for Payment or otherwise). ENGINEER'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 ENGINEER's decision and (,) 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 (if) if no such Dispute Resolution Agreement has been entered into, a' formal, proceeding is instituted by the appeal[ng party in a forum of competentl'urissdiiction to exercise such rights or remedies as the appealing Party may have with respect to ENGINEER's decision, unless otherwise weed in wntmg by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 911. Deasiong, on Disputes 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims disputes and other matters relating to the 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 tinder Articles l l 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 agth 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 prmnptly (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 stibmitted to ENGINEER. and the other party within sixty: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 ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the. opposing patty's submittal, if any, in accordance with this paragraph. ENGINEERs written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless; (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 12esolution 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 ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days 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 22 EJCDCOENERAI. CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLI M MODIFICATIONS (RED' 4/2000) decision, unless. otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and jute under paragraphs 9.10 and 9.11, ENGINEER will not show ppa�rtrti�aality to..OWNER or CONTRACTOR and will not be triable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER 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 final 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 . 9.13. Limitations on ENCINEER's Authority and ReapondM iti-. 9,13.1. Neither ENGINEERs authority or responsibility under this Article or under any other provision of 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 rtiponsibility by, ENGINEER shall create, impose or give rise to arty duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, .any other person or organization,. Or to any surety for or employce.or agent of any of them. 9.13,2. ENGINEER will not supervise, direct, control or have authority over or be 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 Regulations applicable to the finrnishing or performance of the Work ENGINEER will not be responsible for. CONTRACTOR.. 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 furnishing 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 and 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 limitations 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—CHANGES iN THE WORK 10.1. Without mvelidanig 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 Written Amendment, a Change Order, or a Work Change Directive. Upon: receipt of any such document, 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 9-result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 11 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 33 and 3.6, cmcpt 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. 10A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (h) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties, 10.4.2; 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 EJCDC GENERAL CONDIMONS 1910.5 (1990Edtion) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) (including, but not limited to, Contract Price or Contract Times) is nx*ed by the provisions of any Bond to be given to a surety, the givu11 of any such notice will be CONTTRACTORs responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE II —CHANGE OF CONTRACT PRICE 11_1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations :aassVstgned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in th6tontract Price. 11.2. The Contract Price may only be changed by a Change Order or by a. Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice. delivered by the party making.the claim to the other party and to ENGINEER PPilY (but in no event later thanthirty days) after the start of the occurrence or event giving rise to.the claim and stating the general nature of the:claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occummice or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimanfs 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. 113. 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 follows: 11.3.1. where the Work involved is covered by unit prigs contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 F� 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 Cast of the Work (determined as provided in paragraphs I I A and 11.5) phis a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph i l .ti). Cost of the Work: ' 11A. The term Cost of the Work means the sum of all costs necessarily incurred eind paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall ' be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include arty of the costs itemized in paragraph 11.5: ' 11.4.1. Nyroll costs for employees . in the direct employ CONTRACTOR in of the performance of the Work udder schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation ' supaimendents, foremen and other personnel 'the employed full-time 'at site. Payroll costs for employees not employed null -time on the Work shall be apportioned on the basis of their time spent on the Work Payroll'coi is shall t«ie; but- be limited to; ' salaries and wages plus the cost of fringe benefits whichshall include social security contributions, unemployment, excise and payroll takes, workers' catiper�ahon health acid mtireiaent benefits, -mouses; ---• - ,;, applicable thereto. The ' expenses of perform�ork after regular, working hours, on Saturday, Sunday or legal holidays, dmll be included to the above to the extent authorized by OWNER. 11.4.2:'Cost of all materials and equippmment furnished incorporated and in the Work, mcluiing costs of transportation and storage thereof aril Suppliers' field services required in connection therewith All cash discounts shall. accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with ' which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and ief aids and returns from sale of surplus materials. and shall accrue to .equipment OWNER,: and CONTRACTOR shall make provisions ' so that they may be obtained.. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, 24 EICDCOENTRAL CONDITIONS 191OS (1990Editim) ' WI CITY OF FORT COLLINS MODIFICATIONS (REV 4l2000) 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 the Work and fee shall be determined in the same manner. as CONTRACTOR's Cost of the Work and fee as pprrovided in paragraphs 11.4, 11.5, 11.6 and 11.7. All sulicontracis shall be subject to.the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testin laboratories; surveyors; attonieys and accountants Worplloyed for services specifically. related to the k. 11.4.5. Supplemental costs iricludirig the following. 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge`ofduties-connected with the Work. 11 A.5.2. Cost; 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 ZrIF of the Work; and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4.5:3. Rentals of all construction equipment and _ machinery and the parts thereof whether rented`from CONTRACTOR or others in aocordance with rental agreementss approved by OWNER with the advice of ENGINEER; and the costs of transportation, loading; unloading installation, dismantling and removal thereof —all in accordance with terms 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 Subcc tractor or anyone directly or indirectly employed by any of them or for whose acts any of them'may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused 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 5.91 provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any. of them maybe 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 p of determining CONTRACTOR's fee, Ii however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof; CONTRACTOR shall be paid far services a fee proportionate to that stated in paragraph 11.6.2. I I A.5.7. The cost of utilities, 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, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's offims, 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 speciftcally included in the agreed upon schedule of j% classifications referred to in paragraph l 1.4.1• or specifically covered by paragraph 11.4.4=all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses. of CONTRACTORs principal and branch offices other than CONTRACTOR's office at the site. 11.53. Any part of CONTRACTOR' capital expenses, including interest on CONTRACTORS capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. 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). 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 defective Work, sal of materials or equipment wrongly supplied and making good any damage to property. 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 fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work.. 11.6.2.1. for _ costs incurred under paragraphs 11.4.1 and 11.42, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.A3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one , .or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is. Weed 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 paid a fee of fifteen percent of the costs incurred by such Subcordractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and,CONTRACTOR will each be paid a f rat -paid to the new ]siren tier Sabi entraeter; to be'ne og tiated to good faith with the OWNER but not to exceed five Percent of the amount paid to the next lower tier. Subcontractor. 11.62A no fee shall be payable on the basis of costs itemized under paragraphs 11AA. 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for airy 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 an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any .arc change, the adjustment in CONTRACTOR'S fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be EJCACOENUM CONDITIONS 1910-8 (1990 Edtion) 25 WI CITY OF FORT COLLINS MODIFICATIONS OtEV 412000 j determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally acceppted accounting practices and submit in form acceptable to.ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 1 I.S. 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: II.S.I. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required ,by the allowances to be delivered at ithe srto, and all applicable taxes; and 11.82 CONTRACTOR's casts 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. Unit1Wce forte 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 sum 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 forthe purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quaitties and classifications of Unit Price Wort: 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 CONTRACTOR's overhead and profit for each separately identified item- 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract price in accordance with Article 1 l if: 11.9.3.1. the quantity of any item of Unit Price Wok performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 26 EJCDCCENTRAL COMMONS 1910-8(1990Edtim) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) 11 and 11.9.3 2. there is no corresponding adjustment with respect to any other item of Work; and 11.9,33. 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 airy such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change yriantities at OWNERS sole discretion without affecting the Contract Price of arty remaining item so long as the deletion or addition does not exceed twenty-five Percent of the original total Contract Price ARTICLE 12—CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an attustment of the Contract Times (or Milestones) shall be based on written notice delivered by the. patty, making the claim to the other." and to EGINEER promptly (but inno 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 ENGINEER allows additional time to ascertain more accurate data in support of the. claim) and shall be acoompanied by the claimants written statement that the adjustment elauned is the entire adjustment to which the claimant hat reason to believe. it is entitled as a .result of the occurrence of said event: All claims for adjustment in the Contract Times (or Milestones) shall be deteiutined by ENGINEER in accordance with paragraph 9,11 if OWNER and CONTRACTOR cannot otherwise agree. No..claim for an adjustment in the Contract Times..(or Milestones) will be valid if not submitted in accordance 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. , 123. "'here CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) 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 not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or outer contractors performing other wort: as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. belays 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 Ivfilestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such ,dela . In no event shall OWNER 1xi 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 fim (1) delays, caused by or within the control of the CONTRACTOR, or (h) delays beyond the control of both parties including but not limited to, fires, floods; epidemics; abnormal weather conditions, acts of God or acts is neglect by utility owners or other contractors performing. other work as contemplated by Article 7. ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.L Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER Have actual knowledge, will be given to CONTRACTOR All defective Work relay be rejected, corrected or accepted as provided in this Article 13. Access M 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. CONTRACTOR 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. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shallemploy and pay 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 E1CDC GENERAL CONDITIONS 1910.5 (19" Edtiaol e/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) below shall be paid as provided in said paragraph 119; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereol) specifically to be insped�.tested or approved, by an employee or other representative:of such. public body, CONTRACTOR shallassume full resporutbility for arranging and obtaining such uispi ections,.tests or approva4.pay all costs in connection therewith, and fumish ENGINEER the required certificates of inspection. or approval. CONTRACTOR shallalso be responsible -for arranging and obtaining and shall pay all costs in connection with any inspections, tests or. approvals required for AWNER's and ENGINEER's:acceptance of materials or equipment to be incorporated in the Work; or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6, If any Work (or the work of others) that is to be inspected tasted ,or .approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR'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. Uncovering Work: 13.8. If any Work is covered contra to the written request of ENGINEER,. ii must, requested by ENGINEER, be un-oovered for. ENGINEER's observation and replaced at CONTRACTORS expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGUZER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require,. that portion of the Work in question, furnishing all necessary labor,, 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 frcan 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. Ifl however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or tvlilestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconslructiorK and, 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 and I OWNER May Stop the Work: ' 13.10. If the Work is defective, or CONTRACTOR failS to supply sufficient skilled workers or suitable materials or equipment, or fails to famish or perform the Work in such a way that the completed Work will conform to the Contract ' Documents, OWNER may order CONTRACTOR to stop the Work, of any portion thereof, until the cause for such older has, been eliminated; however, this right of OWNER to stop the Work shallnot give rise to,any duty on the part OWNER exercise of to, this right for the. benefit of ' CONTRACTOR or any surety or otlior party. Correction or Removal ofDefecdve Work 13.11. If required b5 ENGINEER CONTRACTOR shall promptly, as directed, either correct all de�ffective 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 drat is not defective. CONTRACTOR shall pay :all claims, costs, 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 ane two years after the date of Substantial Completion or such longer period of time as may be prescribed Laws or Regulations or the bbyy terms of any applicable spedal guarantee required by the Contract IDocumertts 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 irshuctions: (i) correct such defective Work; 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 corrector remove and replace arty damage to other Work or -the work of others resulting therefrom. If CONTRACTOR does. not promptly comply with the terms of such instructions ' or to an emergency where delay would cause serious risk of lass or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all _claims, costs, losses and damages. caused b or resulting from such removal and replacement (Ymcluding but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 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 Specifications or by Written Amendment. 13-12.3. Where defective Work (and damage to other EJCDCgENERAL CONDITIOM 1910.8 (1990 E(fition) 28 tv/CITYOFFORTCOLLIMMODIRCATIONS0TV4R000) Work resulting therefrom) has been corrected removed or replaced under this paragraph 13.12, the correction period heretatder with respect to such Work Will be extertded for an additional period of one-year two years 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 ENGINEER's recommendation of fiml payment, also ENGINEER).prefern 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 costs to be approved by ENGINEER as to reasoriablenew). If any such acceptance occurs prior .,to , ENGINBER's reoommendation 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 ay 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. OWNER May, Correct DefiwdseWork. • 13.14.' If CONTRACTOR.ftils,within a reasonable time after written notice from ENGINEER to correct, defective Work or to remove and replacerejected Work as required by ENGINBER'in_ accordan0ewith paragraph 13.11, or if to comply with .any other provision of the Contract Documei t ,..OWNER may, alter seven days' -written notice to CONTRACTOR; correct and remedy arty such deficiency. In.exercising the rights and remedies -under ails paraemph,OWNER shall. proceed expeditiously. In connection 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 CONTRACTORs tools, appliances, ow>strucnon 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 OWNER, OWNER, representatives, agents and employees, OWNER', other contractors and ENGINEER and ENGINEERS 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 dtarged 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 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. Such claims, casts, losses and 11 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 CONTRACTORS defective Work. CONTRACTOR shall not be allowed an extension of the Contract Tortes (or "lestones) 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 Values.• 14.1, The schedule of values established as provided in paragiaph 2.9 will serve as the basis for progress payments and, u411 be incorrppoorated into a form of Application for Payment acceptable to ENGIIdFER. Progress payments on account of Unit Prii:e Work will be based on the number of units completed. Application for Prog—Pat--Z: 14.2. At least twenty days befdc the date established for each progress, payment (but not more often than once a month). CONTRACTOR shall siibniit to ENGINEER for review an Application far payment filled out and signed by CONTRACTOR covering the •Work completed as of the date of the Application and a�cornpaitied by such supporting documentation as is required by the Contract Documents, -If payment is requested on the basis of materials and leqwdpinerit not inccr rated in the Work but delivered and suftably stored' at the site or' at another location agreed to in writing, the Applicatio6 for Payment shall also be accompanied by a bill of We. invoice or other documentation watrariting 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 itstmirtce and other arrangements to prated OWNER's interest therein, all of which will be satisfactory to' OWNER_ The. amount of retainage with respect to progress payments will be as stipulated in the COATRACTORs Warranty of Tide: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project oa not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review ofApplicaho-forProgr-Pay-enr: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJCDCOENERAL CONDITION31910-8 (1990 Edition) a/ CRT of FORT COLLINS MODIFICATIONS (REV 4/Z000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENG]NUR'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 ENGINEER's recommendation, the amount recommended will (subject to the.provisions of the last sentence of paragraph 14.to become due and when due will be paid by OWNER to CONTRACTOR 14.5, ENGINEER'S recommendation of any payment requested in an Application for Payment will constitute a representation by. ENGINEER to OWNER,.,based on ENGINEER s on -site observations of the executed Work as an expeneneed and qualified design professional and on ENG NEER's review of the Application for Payment and the accompanying data.and schedules, that, to the best of ENGINEER'S 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 Substairti_al 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 qualifications stated 1n the recommendation), and 14.5.3. the conditions' precedent to CONTRACTOWs being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, _ by recommending. any . such payment ENGINEER will not thereby be deemed to have represented that: (1) 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 (ui) that there may riot be other matters or issues ` between the . parties. thai might: entitle CONTRACTOR to be paid additionally by OWNER 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 Regulations applicable to .the furnishing or performance. of Work, or for arty 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 pan of any payment if. in ENGINEER's opinion, it would be incorrect to make the representations to 29 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 vanes 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 rater. 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 IA. Preparation: Mark Product Data to indicate the actual product installation where installation vanes 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. Page -19- �I 11 C n OWNER referred to in panagraph 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 tucessary 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? the Contract Price has been reduced by Written Amendment or Change Order, 14.73. OWNER has been required to. correct d fzctive Work or complete Work in accordance with paragraph 13:14; or 14:7:4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 024 inclusive. OWNER may refuse to. make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or famishing 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 are other items entitling OWNER to a set- off ageinsrthe 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 ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld. or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action Skbstandnl 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 ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, IN will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER 30 EJCDCGEN M CONDITIONS 19104 (1990 Edtion) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) considers the Work substantially complete, ENGRgMR will preppie and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed or cdn,ected 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. IC after cor>siderirrg such objections; ENGINEER concludes that the Work' is not substantially complete, ENGINEER will within fourteein .days; alter submission of the tentative xr ctificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. IT alter consideration of OWNER's objections, ENGINEER considers the Work substantially complete , ENGINEER will . within said fourteen _ days executeand deliver, to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed a,corrected) �efle�c�tt''nngg such changes from the tentative certificate as.ENt}INEER.believes justified alter 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 resp.ea to security, operation, safety, maintenance, Beat, utilities, insurance and wamartties and guarantees. Unless OWNER and > tucitivtst 1t in writing prior to ENGINS6R's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recoimendation will be binding on OWNER and CONTRACTOR until fmaI payment N.9. OWNER shall have the _ right to exclude CONTRACTOR from the Work after the date of Substantial .Completion but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Pantiat Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed partof the Work, which: () has specifically been identified inthe Contract Documents, or (ti) 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 Work, may be aecompfished prior to- Substantial Completion. of all the Wtsk subject to the following: 14.10.1.OWNER at .any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work whicll 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. 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 and request ENG]NEER to issue a certificate of Substantial Completion for that pair 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 the rMsons therefor. If.ENGINEER cornsideis that part of the Work to be substantially complete, the provisions of paragraphs 14,8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Wo-k and the, division of responsibility in respect thereof and accessthereto. 14.10.2. No oec pancy or separate cperatioan of part of flier Work will be accomplished prim to compliance with the requirements of paragraph.5. 15 in respect of property insurance. Final Inspection: IAI 1. 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 of all particulars in which this inspection reveals that the Work is incomplete or ckfective. CONTRACTOR shall immediately take such measures as are necessary to completesuch work or ranedy 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 OWNER) of all Liens arising out of or filed in connection with the Wort:.. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may famish.receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a. Lien could be filed, and (it) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in.any way be responsible have :been paid or otherwise satisfied if any Subcontractor or Supplier fails VMCGENERAALfi CONDITIONS 1910-8 (1990 Edtion) w/ QTY OF FORT COLLINS MODIFICATIONS (REV 42000) to famish such a release or receipt in full, CONTRACTOR may furnish 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 Dayment are to be submitted on forms conf6hningto the format ofthe OWNER'S standard forms bound in the Project manual. Final Payment andAceeptanee. 14.13. Il; on the basis of ENGINEER's observation of 'the Work during coiiciruction and final inspection, and ENGINEER's review of thefinal 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 days after receipt of the final Application for Payment indicate in wntaig ENGINEER'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 days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEEWs recommendation and notice of ace tability, the amount ecommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to puAMph 1742 of these General Conditions. 14.14. If through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confunts, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due. for that portion ofibe'Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not My completed or corrected is let's than the retaiciage stipulated in the. Agreement, and if Bonds have been furnishedas required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such paymenL Such payment shall be made under the terms and conditions, governing final payment, except that it shall not constitute a waiver of claims. Waiver: of Claims. 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 r 1 final inspection pursuant to paragraph 14.11. from failure to comply with the Contract Documents r the terns 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 against OWNER other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Mork. 15.1. At any time and without cause, OWNER may suspend the Work,9r airy 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 extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate 15.2: Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including but'not limited to, failure to supplysuflicient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted Srom time to time Pursuant to paragraph 6•6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.23. 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, after giving CONTRACTOR (and the surety, if arty) 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 CONTRACTOR's tools, appliances, constructimr equipment and machinery at the.site and use the same to the full extent they could be used by CONTRACTOR (without liability to ,CONTRACTOR for trespass or cornersion), incorporate in the Work all matenaIS and equipmem stored at the site or for which OWNER has paid 32 EJCDCOENEMCONDITIONS 1910-8(1990Ed6tiam) w/ MY OF FORT COL m moDmcAllONS (REV 4/2000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient.. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance) of the Contract Price exceeds all 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 di$ereuce to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINNEER :as. to their reasonableness and when so approved by.ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under- this paragaph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3: Where CONTRACTOR's.services have been so terminated by OWNER, the termination. will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may there4er accrue. Any retention or payment of moneys due CONTRACTOR. by OWNER will not release CONTRACTOR fi+cn liability. 15.4. Upon seven dayse written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy:of OWNER; elect to terminate the Agreement. In such case. CONTRACTOR shall be 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; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and fim ishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair 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, Suppliers and others;: and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of lass of anticipated profits or revenue or other economic loss arising out of or resulting from such termination CONTRACTOR May Stop ii ors or Terminate: 15.5. If through no ad or fault of CONTRACTOR, 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 for Payment within thirty days after it is submitted or OWNER fails for.thirty days to pay CONTRACTOR 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 as provided in paragraph 15A, In lieu of terminating the Agreement. and without prejudice to any other right or remedy, if ENGINEER has faded to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum 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 expenses or damage directly attributable to CONTRACTOR's stoppingWork as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION 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 any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be.attached hereto and made a parr hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subJectto the•provisions of paragraphs9.16, 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—AUSCELI ANEOUS GitingNotice: 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 is intended, 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 of Time: 17.2.L When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the rust 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. EJCDC GENERAL CONcirnoi 81910-8 (1990 E(titim) a•I CITY OF FORT COLLI M MODIFICATIONS (REV 412000) 17.2.2. A calendar day of twenty-four hours measured from midnight to the neat midnight will constitute a day. Notice of Mini: 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, employees or agents or others for .whose acts the other party is legally liable, claim will be made. in writing to the other party 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 arty applicable statute Of limitations or repose.Cumulatha Remedies. 17.4. The 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, 6.30, 6.31, 6.32, 13.1,13.12,13.14, 14.3 and 15.2 and all of the, rights and remedies available to OWNER and ENGINEER. thereunder, are in addition to, and are not to be constrved in any way:as;a limitation of any rights and. remedies available to any or all of them which are otherwise imposed or available by Laws 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 Fees and Cowl Costa• 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. I76 The laws of the State of Colorado ag�Jyto this Agreement Reference to two pertinent Colorado statutes are as follows 17.6.2. If a claim is filed OWNER is reouired by law (CRS 35-26-107) to mthhold from all nayments to CONTRACTOR sufficient funds to insure the pavmcnt of all claims for labor, materials team hire sustenance. provisions. Provender, or other supplies used or consumed by CONTRACTOR or his 33 I C E �II 1 34 EJCDCOEN RAL CONDMOM 1910-8 (1990 Edbtim) ' %I CITY OF FORT COLLINS MODInCATIONS (REV 412000) r (This page left blank intentionally.) I F EJCDC OENaM CONDITIONS 1910-8 (1990 E(fition) 35 8 a7 CITY OF FORT COLLINS MODIFICATIONS (REV A 2000) L J 1 EJCDCOEMMALCONDiTOM1910-8(1990Edtion) 36 ' w! CITY OF FORT COLLIM MODIFICATIONS (REV 4R OOO) 11 EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREENU NT OWNER. 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 consent 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 ENGINEER 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 ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand.arbitration within said thirty days' period will result in 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 arty written decision of ENGINEER 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 applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EJCDC GENERAL CONDITIONS 1910-S (1990 E(tition) w•. CiTY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or 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 16.4.1 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 paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified insuch consent. 16.5. Notwithstanding paragraph 16.A, 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, Work of such Subcontractor. Nothing in this paragraph 1.6.5 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, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it to 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 Industry 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 those 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. OC-AI 1 1 ' EJCDC GENERAL CONDITIONS 1910-8 (1990 Ec6lion) OC Al w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9)94) SE SECTION 00800 SUPPLEMENTARY CONDITIONS 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 City as part of the work shall apply to the contract, and as indicated in the Schedule of Alternates as required. 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 onthe-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 as required. Page -2- 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 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 within those sections. Page -20- H ' SECTION 00800 SUPPLEMENTARY CONDITIONS ' Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with ' City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. ' SC-5.4.8 Limits of Liability A. Add the following language at the end 'of paragraph 5.4.8. ' The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 ' Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of ' $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product ' liability coverage with limits of $1;000,000 combined single limits (CSL) . 1 Rev 10/20/07 Section 00800 Page 1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment Rev 10/20/07 1 1 1 1 1 1 1 1 1 1 1 1 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.% 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 Rev 10/20/07 DATE: DATE: DATE: DATE: Section 00950 Page 1 SPrtinn nnatin APPLICATION FOR PAYMENT OWNER: City of Fort Collins PROJECT: ENGINEER: CONTRACTOR: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING:PERIOD ENDING: PROJECT NUMBER: PAGE 1 OF 4 CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By. Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Rev 10/20/07 Section 00960 Page 1 ® ® ® M o = ® ® ems e ® ® = = ® ® M ® M CONTRACT AMOUNTS APPLICATION FORPAYMENT PAGE 2 OF 4 Work Work Work C ompleted Completed Completed Stored Bid This Previous To I Item Month Periods' Date Materials Total Unit Number Description QuantityUnits Price Amount Qty $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 This Earned Percent Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00. $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00- $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 . $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Section 00960 Page 2 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 .$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 Section 00960 Page 3 m m m m m ® m m m m m m m m Section 00960 Page 4 College Ave. - Harmony Rd. Landscape & Urban Design Improvements 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 and length of Contract Time. 4. Products ordered in advance. 5. Owner -furnished products. 6. Use of premises. 7. _ Traffic Control. 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: College Avenue & Harmony Road Intersection Improvements 1. Project Location: Intersection of Harmony Road & College Avenue, Fort Collins, Colorado. B. Owner: City of Fort Collins 1. Owner's Representative: Engineering Department 281 North College Avenue Fort Collins, CO 80524 Dean Klingner 970.221.6605 dklingner@fcgov.com C. Civil Engineer: SUMMARY 01100 - 1 ICollege Ave. - Harmony Rd. Landscape & Urban Design Improvements 1. Interwest Consulting Group ' Mike Oberlander 970.674.3300, ext. 102 ' D. Landscape Architect: 1. BHA Design, Inc. 1603 Oakridge Drive ' Fort Collins, CO 80525 Jeff Kroeger 970.223.7677 ' ikroe er0bhadesi .com E. Electrical Engineer: L ESC Engineering 3540 JFK Parkway Fort Collins,. CO 80525 ' Shaun Blair 970.224.9100 sblair@thinkesc,com F. The Work consists of the following: 1. The Work i includes landscaping, sprinkler irrigation; organic and inorganic mulching; sodding; landscape boulder placement; poured in place retaining wall with cast stone veneer and concrete cap; ornamental fence panels; lighted ornamental columns; pedestrian lighting and electrical service; decorative concrete footings and caissons; ' decorative concrete plinth construction and concrete planter pots. 1.04 CONTRACTOR QUALIFICATIONS ' A. As part of the bid submittal, General. Contractors shall provide a statement of qualification that addresses the following. This shall include a letter signed by a person responsible / in charge of the company verifying similar experience to that of the College Avenue - Harmony Road Land- scape and Urban Design Improvement Project. The statement of qualifications shall be provided inside the bound and sealed bid envelope, but as a separate document from the bid proposal. All questions must be answered and information provided as requested. The information given ' must be clear, concise and comprehensive. 1. Statements of Bidders Qualifications Section 00420 and Schedule of Major Subcontractors Section 00430 must be answered and included. 2. The General Contractor and landscape / irrigation subcontractor must have been in the same business, under the same name for the last five (5) years. 3. The General Contractor must provide a current project back -log list and staff availability to complete the project according to the contract time allowed. 4. The General Contractor must include a written approach to the project outlining how their firm would address the following key City concerns: a. Traffic control and public R.O.W. safety, coordination and protection. SUMMARY 01100 - 2 College Ave. - Harmony Rd. Landscape & Urban Design Improvements b. Business access and pedestrian and bicycle circulation issues and coordination. c. Coordination of both traditional (landscape, irrigation, site furnishing installation, electri- cal/pedestrian lighting) and "specialty" (aluminum site feature design, fabrication and in- stallation; enhanced regulatory signage fabrication and installation) subcontractor scopes as identified and described within the Bid Set. d. Coordination with Art -In -Public Places artist. e. Schedule. 5. Provide detailed resumes for the General Contractor's key personnel assigned to this project including the anticipated Project Manager, Site Superintendent and Foreman. 6. Provide a list of at least five (5) other projects of similar scope completed by the proposing firm (General Contractor) within the past eight (8) years. a. These projects must involve construction within / adjacent the public R.O.W, in an urban, streetscape settings with public access coordination, involving multiple subcontractor scopes. b. For each of the projects identified in "a." above, provide a narrative, describing the pro- jects scope of work; list the current reference and contact information; provide project photographs; list the awarded contract value, the final contract value, the number of change orders claimed, the awarded contract time and final contract time. 7. Provide a complete list of Subcontractors performing more than 10% of the total project value. 8. The General Contractor shall provide additional qualification information for the preferred landscape and irrigation contractor(s), to include the following: a. Provide a list of at least five (5) municipal / public projects, preferably with an emphasis on streetscape improvements with the public right-of-way, that the landscaper/irrigator has completed in the last eight (8) years. b. For each of the projects identified in "a." above, provide a narrative, describing the pro- jects scope of work; list the current reference and contact information; provide project photographs; list the awarded contract value, final contract value, number of change or- ders claimed, awarded contract time and final contract time. Bidder hereby authorizes and request 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. 1.05 TYPE OF CONTRACT A. Project will be constructed under a single prime contract. College Ave. - Harmony Rd. Landscape & Urban Design Improvements B. Award of Contract: According to Section 00100 Instructions to Bidders; Part 17.0, Award of Contract, the City reserves the right to reject the Bid of any Bidder if OWNER believes that it a would not be in the best interest of the Project to make an award to that Bidder, whether SUMMARY 01100 - 3 1 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. ' PART 2 - 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. ' Page-21- College Ave. - Harmony Rd. Landscape & Urban Design Improvements 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 the City of Fort Collins. ' 1.06 WORK PHASES AND CONTRACT TIME A. I Project will be constructed in one (1) phase. ' B. Contract time will be ninety (90) calendar days. ' 1.07 PRODUCTS ORDERED IN ADVANCE — N/A. 1.08 OWNER -FURNISHED PRODUCTS — N/A. 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. ' 1.10 TRAFFIC CONTROL ' A. The Contractor shall be responsible for traffic control measures. The Contractor must submit traffic control plans and coordinate traffic control with the City's Traffic Control Coordinator. The traffic control plans must he submitted and approved seventy-two (72) hours prior to starting construction and before making each modification. See Section 01570 — Traffic Control. 1.11 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. aSUMMARY 01100 - 4 College Ave. - Harmony Rd. Landscape & Urban Design Improvements 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. 1.12 WORK RESTRICTIONS A. On -Site Work Hours: Standard work hours are 9:00 AM to 3:30 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. 1.13 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. 1. 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. 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.., SUMMARY 01100 - 5 ' College Ave. - Harmony Rd. Landscape & Urban Design Improvements 3. Housekeeping: Keep project neat, orderly, and in a safe condition at all times. Stare 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. ' S. 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 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. SUMMARY 01100 - 6 College Ave. - Harmony Rd. Landscape & Urban Design Improvements PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 01100 SUMMARY 01100 - 7 College Ave. - Harmony Rd. Landscape & Urban Design Improvements SECTION 01310 - PROJECT MANAGEMENT AND COORDINATION PART1-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 F A. C. SUMMARY 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. The Contractor shall participate in coordination requirements. Certain areas of responsibility will be assigned to a specific contractor. 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. Contractor shall make requests for construction staking to the City's Project Manager at least 48 hours in advance. 3. 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. aPROJECT MANAGEMENT AND COORDINATION 01310 - 1 College Ave. - Harmony Rd.Landscape & Urban Design Improvements 1.5 4. Coordinate installation of different components with other contractors to ensure maximum accessibility for required maintenance, service, and repair. 5. 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: 1. . Preparation of Contractor's Construction Schedule. 2. Preparation of the Schedule of Values. 3. Installation and removal of temporary facilities and controls. 4. Delivery and processing of submittals. 5. Progress meetings. 6. Pre -installation conferences. 7. Project closeout activities. 8. Startup and adjustment of systems. 9. 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. SUBMITTALS A. Refer to individual Sections for Coordination Drawing requirements for Work in those Sections. B. Key Personnel Names: Within fifteen (15) 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. A. 1. Post copies of list in Project meeting room, in temporary field office, and by each temporary telephone. Keep list current at all times. PROJECT MEETINGS 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. PROJECT MANAGEMENT AND COORDINATION 01310 - 2 ' College Ave. - Harmony Rd. Landscape & Urban Design Improvements 1. The conference shall be attended by: ' 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. 2. Unless previously submitted to the City, 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. 3. 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, etc.. ' 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 City'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 (2) 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. PROJECT MANAGEMENT AND COORDINATION 01310 - 3 College Ave. - Harmony Rd. Landscape & Urban Design Improvements 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 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 PROJECT MANAGEMENT AND COORDINATION 01310 - 4 ' College Ave. - Harmony Rd. Landscape &.Urban Design Improvements 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. 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. 1. To any preference, priority, or allocation order duly issued by the Owner. 2. 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 3. 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. PROJECT MANAGEMENT AND COORDINATION 01310 - 5 College Ave. - Harmony Rd. Landscape & Urban Design Improvements 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. 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. 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. PROJECT MANAGEMENT%AND COORDINATION 01310 - 6 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. 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 Page -22- College Ave. - Harmony Rd. Landscape & Urban Design Improvements 5. RFI description. 6. Date the RFI was submitted. 7. Date Owner's Representative response was received. 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 01310 PROJECT MANAGEMENT AND COORDINATION r 01310 - 7 College Ave. - Harmony Rd. Landscape & Urban Design3mprovements 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 roofmg 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 College Ave. - Harmony Rd. Landscape & Urban Design Improvements 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 College Ave. - Harmony Rd_ Landscape & Urban Design Improvements 3.2 A. TEMPORARY UTILITY INSTALLATION General: Install temporary service or connect to existing service. Arrange with utility company, City of Fort Collins, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services. 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 the City of Fort Collins. 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. 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. 1. 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 Contractor. 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 to be installed (and removed at project completion) by the City of Fort Collins or the roadway General Contractor. 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 enviromnental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. TEMPORARY FACILITIES AND CONTROLS 01500 - 3 College Ave. - Harmony Rd. Landscape & Urban Design Improvements 1. Comply with work restrictions specified in Division 1 Section "Summary." ' B. Temporary Erosion and Sedimentation Control: It shall be the responsibility of the Contractor to coordinate with Lafarge — North America, to transfer the portions of the existing Stormwater management Plan that pertain to this contract. Provide measures 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. _ LaFarge — North America, has previously installed the temporary erosion and sedimentation control as part of the ' roadway improvements scope. This contract shall be responsible for maintaining and repair these existing measures throughout the construction associated with the landscape and urban design improvements. ' 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. 1. 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 11 ITEMPORARY FACILITIES AND CONTROLS 01500 - 4 College Ave. - Harmony Rd. Landscape & Urban Design Improvements 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 (tree staking). 6. Organic mulch. 7. In -organic (Rock) mulch. 8. Weed barrier. 9. Planting Mix — topsoil/organic amendment/onsite soils. 10. Landscape headers (steel edging). 11. Warranty. 12. Maintenance. B. Related Sections: 1. Division 2 Section "Lawns and Grasses" for turf. 2. Division 2 Section "Irrigation System". 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 type and size of tree or shrub required; wrapped, tied, rigidly supported, and drum laced as recommended by ANSI Z60.1. EXTERIOR PLANTS 02930 - 1 College Ave. - Harmony Rd. Landscape & Urban Design Improvements 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. Annual Planting Bed & Planter Pot Soil Mix: 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 ' 5. 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. 6. Organic Amendment Analysis: Submit copies of amendment analysis from qualified soil ' testing laboratory. 7. Weed barrier: Submit brand name and model number/name of proposed weed barrier to be used. 8. Tree Stakes, Webbing and Rubber Protective Cap: Submit sample of each. IEXTERIOR PLANTS 02930 - 2 G College Ave. - Harmony Rd_ Landscape & Urban Design Improvements ' C. 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. D. Planting Schedule: Indicating anticipated planting dates for exterior plants. ' E. Warranty: Sample of warranty. 1.6 QUALITY ASSURANCE , 1.7 A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful establishment of exterior plants. ' 1. 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: The City of Fort Collins' Forestry Department Representative will 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. 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. , 1. Notify Forestry Department Representative of sources of planting materials seven (7) days in advance of delivery to site. DELIVERY, STORAGE, AND HANDLING A. Do not prune trees and shrubs before delivery except as approved by the Forestry Department's ' 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 .1 02930 - 3 College Ave. - Harmony Rd. Landscape & Urban Design Improvements 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. ' 1. Set balled stock on ground and cover ball with soil, peat moss, sawdust, or other acceptable material. ' 2. Do not remove container -grown stock from containers before time of planting. 3. 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. ' 1. 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: ' 1. 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 to section the Owner's Representative before initiating work. When the Contractor begins work under this section, it implies acceptance of existing conditions. ' 2. Contractor shall notify Owner's Representative prior to start of work. B. Pre -planting Inspections: ' 1. 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 the ' on 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. ' This preliminary inspection is subject to final approval of plants at the job site. The 1 EXTERIOR PLANTS 02930 - 4 College Ave. - Harmony Rd. Landscape & Urban Design Improvements Owner's Representative reserves the right to reject plant material at any stage of construction or warranty period. 2. Soil amendments, backfill mixes and mulches will be inspected at the site by the Owner's Representative before they are used in planting operations. 3. 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 (1) growing season). 6. Final approval and Substantial Completion notice will be given when all deficiencies are corrected. 1.10 WARRANTY A. 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: 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. EXTERIOR PLANTS 02930 - 5 SECTION 02380 - SITE ROCK WORK 3. PART 1 - GENERAL a) 1.01 SECTION INCLUDES A. The work of this section shall include excavation, grading and installation of site boulders placed at the locations shown on the Drawings. The materials to be used for the construction of such structures shall be as specified herein. Site Rock Work includes the following: 1. Stacked Boulder Wall. b) 1.02 RELATED SECTIONS A. Division 2 Section 'Earthwork" for grading, excavation, sub -grade, soil stabilization and treatment, slope protection and surface contouring. B. Section.02920 — Lawns and Grasses, C. Section 02930 — Exterior Plants. c) 1.03 SUBMITTALS AND SHOP DRAWINGS A. Submit three (3) samples of each stone type that represents the full range of colors/staining that can be expected. 4. PART 2 - PRODUCTS a) 2.01 MATERIALS A. Type 1 Boulders: 1 • Stone Type: Colorado Buff Sandstone (to match existing stone onsite). 2. Approved Suppliers: a. Arkins Park Stone Quarries, 970.663.1920 b. Tribble Stone, 303.444.1840 C. Or approved equivalent. 3. Boulder sizes shall be as indicated on the Drawings or where plans do not specify specific sizes, sandstone boulder sizes shall range between 0.5 ton and 1.5 tons. An even number of the full ranges of sizes shall be provided (not all 0.5 ton). Page -23- ' College Ave. - Harmony Rd. Landscape & Urban Design Improvements C. Faulty operation of tree stabilization. ' d. Deterioration of metals, metal finishes, and other materials beyond normal weathering. ' 2. Warranty Periods from Date of Substantial Completion: a. Trees, Shrubs and Ornamental Grasses: Two (2) years. ' 3. 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 MAINTENANCE SERVICE A. Maintenance Service for Plant Material: ' 1. Provide full maintenance by skilled employees of landscape Installer from initial installation thru Substantial Completion only. Individual property Owner's maintenance companies or the City of Fort Collins maintenance provider, will be maintaining ' (mowing, trimming, weeding, mulch replacement and irrigating) beyond Substantial Completion. Installation contractor will held to the provisions described in 1.10 Warranty above. ' 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. 1 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 College Ave. - Harmony Rd. Landscape & Urban Design Improvements 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. 1. 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. 1. 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. 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 (1") 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 College Ave. - Harmony Rd. Landscape & Urban Design Improvements 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. D. Annual Bed and Planter Pot Soil Mix: Contractor to provide commercially available "planters mix" to a compacted depth as described on the drawings. Provide analysis / description of ' material for Owner's Representative review, prior to installation. 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 1: 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. ' 2. Type 2: Shredded cedar — no weed barrier required. 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 (weed barrier required): ' a. Rounded river rock / cobble. b. Size Range: 100% - 3" (minimum) to 6". C. Color: Tan -beige color range. (No pinks, blacks, reds or whites) ' 2. Type 2 (weed barrier required): a. Rounded river rock / cobble. b. Size Range: 100% - 6" to 12" C. Color: Tan -beige color range. (NO pinks, blacks, reds or whites) 3. Type 3 (weed barrier required): a. Rounded river rock / cobble. b. Size Range: 100% - 6" to 12" ' C. Color: Pinks, blacks, reds and whites to match the existing. ' 2.07 WEED -CONTROL BARRIERS A. Mirafi 140, Typar 3341, or Polyspun 300 or approved equivalent. ' EXTERIOR PLANTS 02930- 8 1 College Ave. - Harmony Rd. Landscape & Urban Design Improvements 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. D. Webbing: 2" nylon webbing. Hose is not permitted. 2.09 LANDSCAPE HEADERS A. Steel Header: Standard commercial -steel header, rolled edge, fabricated in sections of standard lengths, with loops stamped from or welded to face of sections to receive stakes. 1. Manufacturers: Ryerson or approved substitute. 2. Header Size: 1/8 inch wide by 4 inches deep. 3. Stakes: Tapered steel, a minimum of twelve inches (12"). 4. Accessories: Standard tapered ends, corners, and splicers. 5. Finish: Standard green paint. 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%). B. Planter Pot Filter Fabric: Woven or nonwoven geo-textile manufactured for separation applications and made of polypropylene, polyolefin, or polyester fibers or combination of them. 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. EXTERIOR PLANTS 02930 - 9 College Ave. - Harmony Rd. Landscape & Urban Design Improvements 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 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 EXTERIOR PLANTS 02930 - 10 C College Ave. - Harmony Rd. Landscape & Urban Design Improvements I. 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 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. 1. Carefully remove root ball from container without damaging root ball or plant. 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 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 in the Fall of 2010. 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. I EXTERIOR PLANTS 02930 - 11 College Avr. - Harmony Rd. Landscape & Urban Design Improvements 3.8 PLANTING IN PLANTER POTS ' A. Place a layer of drainage gravel at least 4 inches thick in bottom of planters, cover with filter fabric, and fill with specified mix. Place planter mix soil in lightly compacted layers to an elevation of l-1/2 inches below top of planter, allowing natural settlement. 3.9 HEADER INSTALLATION A. Steel Header: Install by laying out beds scaled from the Drawings. Stake, flag, or paint proposed beds prior to installation of header and obtain review of Owner's Representative of layout prior to installation. Install header plumb with grade and stake at minimum ten (10) foot ' intervals. Establish top of header one inch (1") above finish grade in turf areas. Install using straight lines or long smooth curves. Provide v-shaped. drainage openings two inches (2") wide and one inch (1") depth at low points in the bed, at outlet point for drainage appurtenances such ' as downspouts including overflow drains and at ten (10) foot intervals maximum. Do not install steel header around mulch rings in lawn areas. ' B. Concrete Header: See detail indicated within the drawing package. 3.10 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"). 1. Material and Seam Treatment: Non -woven fabric with seams pinned. ' 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 fmish level with adjacent firiish 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. �1 1 EXTERIOR PLANTS 02930 - 12 College Ave. - Harmony Rd. Landscape & Urban Design Improvements 3.11 PLANT MAINTENANCE A. Tree, Shrub and Ornamental Grass Maintenance: Maintain plantings by pruning, cultivating, water- ing, 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 begirming of Contract work, dur- ing the progress of work and as described in the provisions stipulated in 1.11, this Section for Main- tenance Service above for median and non -median work. C. The Contractor shall be responsible for resetting of any plants to an upright position or to proper grade in the event of unexpected settlement 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. 3.12 CLEANUP AND PROTECTION A. During planting, keep adjacent paving and construction clean and work area in an orderly condition. 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 ' College Ave. - Harmony Rd. Landscape & Urban Design Improvements SECTION 03300— CAST IN PLACE CONCRETE ' PART 1 - GENERAL 1.1 RELATED DOCUMENTS ' A. The General Contract Conditions, Drawings, and Division-1 Specification sections apply to Work of this Section. ' 1.2 SUMMARY A. The work of this section consists of furnishing and placing formwork, shoring, bracing ' and anchorage, concrete reinforcement, accessories, and placing concrete in connection with cast -in -place concrete installation including installation of joints, concrete curing and concrete finishing. B. All work provided under this Section must also comply with all other Contract requirements. ' C. Geo-technical Engineering Study — CTL Thompson, Inc., Project FC04850-135 dated 09- 04-09, supplemented 05-13-10. ' 1.3 REFERENCES A. ACI 117 - Standard Tolerances for Concrete Construction and Materials. ' B. ACI 301 - Specifications of Structural Concrete for Buildings. C. ACI 304 - Recommended Practice for Measuring, Mixing, Transporting and Placing ' Concrete. ' D. E. ACI 305 and 306 - Hot and Cold Weather Protection for Concrete. ACI 315 - Details and Detailing of Concrete Reinforcement. F. ACI 318 - Building Code Requirements for Reinforced Concrete. G. ACI 347 - Recommended Practice for Concrete Formwork: H. ANSI/ASTM A82 - Cold Drawn Steel Wire for Concrete Reinforcement. I. NSI/ASTM A185 - Welded Steel Wire Fabric for Concrete Reinforcement. ' J. STM A615 - Deformed and Plain Billet -Steel for Concrete Reinforcement. ' K. STM C33 - Concrete Aggregates. L. ASTM C94 - Ready -Mixed Concrete. CAST -IN -PLACE CONCRETE 03300-1 College Ave. - Harmony Rd. Landscape & Urban Design Improvements M. ASTM C150 - Portland cement. N. ASTM C260 - Air Entraining Admixtures for Concrete. O. ASTM C309 - Liquid Membrane -Forming Compounds for Curing Concrete. P. ASTM C494 - Water Reducing Admixtures for Concrete. Q. ASTM C618 - Fly Ash Mineral Admixture for Concrete. R. ASTM C672 - Scaling Resistance of Concrete Surfaces Exposed to Deicing Chemicals. S. FS TT-C-800 - Curing Compound, Concrete, for New and Existing Surfaces. T. CRSI - Manual of Standard Practice. 1.4 QUALITY CONTROL: A. Requirements of Regulatory Agencies: Comply with all applicable provisions of the state and local building and safety codes. B. Reference Standards: Comply with following standards except where more stringent requirements are shown or specified: 1. ACI 301, "Specification for Structural Concrete for Buildings." Contractor shall make a copy of ACI 301 available at the project field office for the duration of the project. C. The Contractor is responsible for quality control, including workmanship and materials furnished by his subcontractors and suppliers. 1. Inspection or testing does not relieve the Contractor of his responsibility to perform the Work in accordance with the Contract Documents. D. Testing: The Contractor -shall contact the City's testing lab at least forty-eight (48) hours prior to installing concrete to arrange for testing. 1. Contractor shall provide and pay for additional testing required as a result of test results indicating non-compliance with specifications. E. Record of Work: A record shall be kept by the General Contractor listing the time and date of placement of all concrete for the structure. Such record shall be kept until the completion of the project and shall be available to the Owner's Representative for examination at any time. 1.5 SUBMITTALS: A. Mix Designs: 1. Submit substantiating data for each concrete mix design contemplated for use to the Owner's Representative not less than four (4) weeks prior to first concrete CAST -IN -PLACE CONCRETE 03300-2 1. 2. 3. 4. 5. 6. 5. PART 3 - EXECUTION a) 3.01 SELECTION OF STONE A. The Contractor shall submit photos of available stones/boulders for Owner's Representative review/selection. b) 3.02 HANDLING A. Handling of the stone/boulders shall be carried out in such a way that the stones/boulders are not damaged or scarred. Damage stones/boulders may be rejected by the Owner Representative. c) 3.03 PLACEMENT A. Placement of Type 1 Boulders: Place stone/boulders with flat side up and most attractive face (as determined by Owner's Representative) facing activity areas, unless otherwise noted or directed by the Owner's Representative. Vertical Joints: Chisel or hammer stone as required to achieve joint widths as indicated on the drawings. Stone chinking will not be allowed. Horizontal Joints: Joints between horizontal courses of stone shall be level, unless otherwise noted. Tolerance: Top of Boulder or Top of Wall elevations shall be within 0.1 of the designed elevation. Bury approximately 1/3 the height of the stone/boulder, unless otherwise notes. 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 landscaping in abutting areas d) 3.04 CLEANUP A. Remove unneeded stone debris from the site. B. Clean dirt, debris, trash and other deleterious material from stone surfaces and surrounding areas. END OF SECTION Page-24- ' College Ave. - Harmony Rd. Landscape & Urban Design Improvements placement. Data for each mix shall, as a minimum, include the following: ' a. Mix identification designation (unique for each mix submitted). b. Statement of intended use for mix. C. Mix proportions, including all admixtures used. ' d. Wet and dry unit weight. e. Entrained air content. f. Design slump. g. Strength qualification data. B. Submit shop drawings for fabrication, bending and placement of concrete reinforcement. ' Comply with ACI Detailing Manual (SP 66). Include all accessories specified and required to support reinforcement. ' 1.6 DELIVERY, STORAGE AND HANDLING: A. General: Materials handling and batching shall conform to applicable provisions of ASTM C94. B. Reinforcing: Unload and store reinforcing bars so they will be kept free of mud and damage. C. Hauling Time for Concrete: Discharge all concrete transmitted in a truck mixer, agitator, or other transportation device not later than 1-1/2 hours, or 300 revolutions of the drum after the mixing water has been added, whichever is earliest. D. Extra Water: ' 1. Deliver concrete to site in exact quantities required by design mix. 2. Should extra water be required for workability before depositing concrete, and the water/cement ratio of accepted mix design will not be exceeded, the General ' Contractor's superintendent shall have the sole authority to authorize addition of water. Additional water shall not exceed 1 gal/cu. yd. Any additional water added to mix after leaving batch plant shall be indicated on truck ticket and ' signed by person responsible. 3. Where extra water is added to concrete it shall be mixed thoroughly for thirty (30) revolutions of drum before depositing. 4. Water may be added at the site only once for each batch. 5. A full set of tests shall be performed after addition of water. Excessive slump or other out of range tests will be cause for rejection. 1.7 PROJECT CONDITIONS: A. Environmental Requirements: Cold Weather Placement: a. When for three successive days prior to concrete placement the average daily outdoor temperature drops below 400 F or when the average outdoor temperature is expected to drop below 400 F on the day of concrete placement, preparation, protection and curing of concrete shall CAST -IN -PLACE CONCRETE 03300-3 College Ave. - Harmony Rd. Landscape & Urban Design Improvements comply with ACI 306R b. Minimum temperature of concrete upon delivery shall conform to ACI 301 Table 7.6.1.1. Concrete at time of placement shall conform to minimum values of ACI 306R Table 1.4.1, and shall not exceed minimum values by more than 200 F. C. Subject to acceptance of Owner an accelerating admixture may be used. Admixtures shall meet requirements of Part 2. Calcium Chloride and other chloride -type accelerating admixtures will not be allowed. d. Comply with concrete protection temperature requirements of ACI 306R. Record concrete temperatures during specified protection period at intervals not to exceed sixteen (16) hours and no less than twice during any twenty-four (24) hour period. Hot Weather Placement: a. When depositing concrete in hot weather, follow recommendations of ACI 305R. b. Temperature of concrete at time of placement shall not exceed 850 F. C. When air temperatures on day of placement are expected to exceed 900 F, mix ingredients shall be cooled before mixing. Flake ice or well -crushed ice of a size that will melt completely during mixing may be substituted for all or part of mix water. d. Retarding admixture may be used subject to acceptance of Owner's Representative. Admixtures shall meet requirements of Part 2. e. Protect to prevent rapid drying. Start finishing and curing as soon as possible. B. Protection: Protect newly finished slabs from rain damage. Protect finished slabs from mortar leakage from pouring of concrete above. Cover masonry walls, glazing, and other finish materials with polyethylene or otherwise protect from damage due to pouring of concrete. PART 2 - PRODUCTS 2.1 FORM MATERIALS A. Plywood Forms: Douglas Fir or Spruce species; solid one side grade; sound, undamaged sheets with straight edges. B. Lumber: Douglas Fir or Spruce species; construction grade; with grade stamp clearly visible. C. Form Coatings: Provide commercial formulation form coating compounds that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 2.2 REINFORCING STEEL A. Reinforcing Steel: ASTM A615, grade 40 for #3 bars; grade 60 for #4 and larger bars; billet -steel deformed bars, uncoated finish. CAST -IN -PLACE CONCRETE 03300-4 ' College Ave. - Harmony Rd. Landscape & Urban Design Improvements B. Welded Steel Wire Fabric: ANSI/ASTM A185 plain type; in flat sheets or coiled rolls; ' uncoated finish. C. Tie Wire: ASTM A82, minimum 16 gage annealed type. ' D. Chairs, Bolsters, Bar Supports, Spacers: Sized and shaped for strength and support of reinforcement during installation and placement of concrete. Wood, brick or other unacceptable material is not permitted. ' 2.3 C ONCRETE MATERIALS ' A. ACI 301: Provide materials in accordance with ACI 301, unless amended or superseded by requirements of this section or general notes on structural drawings. 1. General: Ready -mixed Concrete: ASTM C94. On -site mixed concrete not allowed. 2. Cement: ASTM C 150. Type 11 minimum of 564 lbs. per cubic yard. ' 3. Fly ash: ASTM C618 Class C or F. Fly ash shall not exceed 20% of total cementitious material by weight. 4. Aggregate: ASTM C33. Obtain from same source throughout project. a. Fine Aggregate: Natural sand. b. Coarse Aggregate: Gravel or crushed stone containing no deleterious substances which cause surface spalling. ' 5. Water: Clean and not detrimental to concrete. ' 2.4 ADMIXTURES A. General: Unless specified, no admixtures may be used without specific approval of the ' Project Manager. B. Prohibited Products: Calcium chloride or admixtures containing more than 0.05% chloride ions or thiocyanates are not permitted. C. Air -Entraining Admixture: ASTM C260. Subject to compliance with requirements, provide one of the following: 1 1. "Air Mix" - Euclid Chemical Co. 2. Darex ARA" - W. R. Grace t 3. "Micro -Air" - Master Builders D. Water Reducing Admixture: ASTM C494, Type A. Subject to compliance with Yp J p requirements, provide one of the following: "Eucon 1. WR-75" - Euclid Chemical Co. 2. "Rheobuild 1000" - Master Builders ' 3. "Plastocrete 106" - Sika Chemical Co. E. High Range Water Reducing Admixture (Superplasticizer): ASTM C494, Type F or G. Subject to compliance with requirements, provide one of the following: ' CAST -IN -PLACE CONCRETE 03300-5 College Ave. - Harmony Rd. Landscape & Urban Design Improvements 1. "Eucon 37" - Euclid Chemical Co. 2. "Pozzolith 400N" - Master Builders 3. "Sikament" - Sika Chemical Co. F. Use of admixtures will not relax cold weather placement requirements. 2.5 ACCESSORIES A. Form Release Agent: Colorless material which will not stain concrete, absorb moisture, contain oils or waxes, or impair natural bonding or color characteristics of coating intended for use on concrete. Subject to compliance with requirements, use one of the following: 1. "Pro -Cote" - Protex 2. "Cast Off' - Sonneborn 3. "Debond" - L&M Construction Chemicals B. Epoxy Adhesive: ASTM C881; two -component material suitable for use on dry or damp surfaces. Subject to compliance with requirements, use one of the following: I . "Sikadur Hi -Mod LV" - Sika Chemical Corp. 2. "Patch and Bond Epoxy" - Burke 3. "Epoxtite" - A.C. Horn 4. "Sure-Poxy" - Kaufinan Products, Inc. 5. "Euco Epoxy 463 or 615" - Euclid Chemical Co. C. Expansion Joints: 1. Interior Use or Exterior Use Where Sealants Are Specified: Bituminous saturated fiber conforming to ASTM D1751, 1/2 inch thickness. Provide manufacturer's certification of compatibility with specified sealants where required. 2. Exterior Use Where Sealants Are Not Specified: Premolded asphalt and fiber conforming to ASTM D994, 1/2 inch thickness. 2.6 CURING AND SEALING MATERIALS A. Curing and Sealing Compound - Interior Slabs to Remain Exposed and Exterior Concrete: Minimum 30% solids content, maximum moisture loss of 0.030 grams per square centimeter (300 square feet per gallon coverage): Subject to compliance with requirements, use one of the following: 1. Euclid Super Rex Seal or Super Pliocure 2. Master Builders Masterseal 3. Approved substitute in accordance with the General Conditions. 2.7 CONCRETE MIX A. Mix concrete in accordance with ASTM C94 and ACI 301 Chapter 3. CAST -IN -PLACE CONCRETE 03300-6 L .1 College Ave. - Harmony Rd. Landscape & Urban Design Improvements B. Cement Content per Cubic Yard: minimum of 615 - 660 pounds per cubic yard. C. Maximum water -cement ratio: 0.44. D. Slump: 4 inches maximum. E. Air Entrainment: 5 to 8 percent. F. Aggregate Size: 3/4" maximum. G. Compressive Strength: 4,500 PSI minimum at twenty-eight days. H. Deliver concrete and discharge entire load within 1-1/2 hours, or before drum has turned 300 revolutions, whichever occurs first, after introduction of mixing water. I. During cold weather (below 45 degrees F.), use heated water and aggregates if necessary to maintain concrete temperature between 60 degrees F. and 90 degrees F. J. Concrete for Exterior Flatwork, including Pavement, Curb and Gutter, Drainage Pans and footings shall be CDOT Class D. K. Refer to CDOT's `Standard Specifications for Road & Bridge Construction". L. See also Specification 03315 for Self -Placing Concrete. PART 3 - EXECUTION 3.1 FORMWORK ERECTION A. Construct formwork to maintain tolerances in accordance with ACI 301. B. Verify lines, levels, and measurement before proceeding with formwork. C. Minimize form joints. Symmetrically align form joints and make watertight to prevent leakage of mortar. D. Provide chamfer strips on all exposed corners. E. Do not apply form release agent other than specified materials where concrete surfaces receive special finishes or applied coatings which may be affected by agent. Soak contact surfaces of untreated forms with clean water. Keep surfaces wet prior to placing concrete. F. Coordinate work of other Sections in forming and setting openings, slots, recesses, chases, sleeves, bolts, dowels, anchors, and other inserts and embedded materials. G. Do not remove forms, shoring and bracing until concrete has sufficient strength to support its own weight, and construction and design loads which may be imposed upon it. H. During cold weather, remove ice and snow from forms. Do not use deicing salts. Do not use water to clean out completed forms unless formwork and construction proceed within CAST -IN -PLACE CONCRETE 03300-7 College Ave. - Harmony Rd. Landscape & Urban Design Improvements heated enclosure. Use compressed air to remove foreign matter. 3.2 REINFORCEMENT A. Place, support, and secure reinforcement against displacement. B. Locate reinforcing splices per ACI 318 unless indicated otherwise on the Drawings. 3.3 PLACING CONCRETE A. Owner's Representative's Review: Contractor shall provide minimum of twenty-four (24) hour notice to Owner's Representative to allow him to review forms and reinforcement before concrete is placed and to observe placing of concrete. B. Contractor's Review: Contractor shall inspect forms and reinforcing prior to concrete placement to assure accurate placement of embedded items and overall acceptability. C. Place concrete in accordance with ACI 301 and 304. D. Hot Weather Placement: ACI 301 and ACI 305R. E. Cold Weather Placement: ACI 301 and ACI 306R. F. Ensure reinforcement, inserts, embedded parts and formed joints are not disturbed during concrete placement. 3.4 FINISHING A. Rough Form Finish: Texture imparted by form facing material, with tie holes and defective areas repaired and patched, and all fins and other projections exceeding 1/4 inch removed. B. Smooth Form Finish: Use form material to impart smooth, hard, uniform texture, and arrange form panels in orderly and symmetrical pattern with minimum seams. Repair and patch defective areas and completely remove and smooth all fins and other projections. 3.5 CONCRETE CURING, PROTECTION AND SURFACE TREATMENTS A. General: 1. Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Maintain concrete with minimal moisture loss at a relatively constant temperature for the period necessary for hydration of the cement and hardening of concrete. 2. Curing shall commence as soon as free water has disappeared from the concrete surface after placing and finishing. The curing period shall be seven days for all concrete unless test cylinders, made and kept adjacent to the structure and cured by the same methods, are tested with the average compressive strength equal to CAST -IN -PLACE CONCRETE 03300-8 College Ave. - Harmony. Rd. Landscape & Urban Design Improvements 70% of the specified 28-day strength. ' 3. Curing shall be in accordance with ACI 301 procedures. Avoid rapid drying at the end of the curing period. During hot and cold weather, cure concrete in accordance with ACI 305R and ACI 306R. B. Curing Methods: Perform curing of concrete by moisture curing, by moisture -retaining cover curing, by curing compound, and. by combinations thereof, as herein specified. Coordinate with and choose a curing method that is compatible with the requirements for ' subsequent material usage on the concrete surface. 1. Provide moisture curing by one of the following methods: ' a. Keep concrete surface continuously wet by covering with water. b. Continuous water -fog spray. C. Covering concrete surface with specified absorptive cover, thoroughly saturating cover with water and keeping it continuously wet. Place absorptive cover to provide coverage of concrete surfaces and edges, with four -inch (4") lap over adjacent absorptive covers. ' 2. Provide moisture retaining cover curing as follows: Over concrete surfaces with moisture -retaining cover for curing concrete, placed in widest practical width with sides and ends lapped at least three -inches (3 ") and sealed by waterproof tape or adhesive. Immediately repair any holes or tears during curing period using cover material and waterproof tape. 3. Provide curing and sealing compound to interior slabs left exposed, and to ' exterior slabs, walks and curbs as follows: a. Apply specified curing and sealing compound to concrete slabs as soon ' as final finishing operations are complete (within thirty (30) minutes). Apply uniformly in continuous operation by power -spray or roller in accordance with manufacturer's directions. Recoat areas subjected to rainfall within three hours after initial application. ' b. Maintain continuity of coating and repair damage during period. C. Do not use membrane curing compounds on surfaces which are to be covered with materials applied directly to concrete: liquid floor hardener, ' waterproofing, dampproofng, painting, and other coating and finish materials. C. Curing Formed Surfaces: Where wooden forms are used, cure formed concrete surfaces ' by moist curing with forms in place for full curing period or until forms are removed. When forms are removed, continue curing by methods specified above for specified curing time. 1 D. Curing Unformed Surfaces: Cure unformed surfaces, such as slabs, floor topping, and other flat surfaces by application of appropriate curing method. 3.6 FORM REMOVAL ' A. Removal of Forms: Supplement and Modify ACI 301 as follows: 1. ACI 301 4.5.4: Formwork not supporting weight of concrete such as sides of 1 CAST -IN -PLACE CONCRETE 03300-9 College Ave. - Harmony Rd. Landscape & Urban Design Improvements 3.7 3.8 grade beams, walls, and similar parts of the work, may be removed after cumulatively curing at not less than 50 degrees F. for 24 hours after placing the concrete provided: a. The concrete is sufficiently cured to be undamaged by form removal. b. Required shores and supports are so arranged that they will not be loosened or disturbed during form removal. C. Supplemental curing and protection is provided for exposed concrete surfaces. TOLERANCES A. Formed Surfaces and Building Lines: Conform to ACI 3014.3. B. Embedded Items: Unless noted otherwise on Drawings, tolerances shall be as follows: 1. Anchor Bolts a. Adjacent anchor bolts in a group receiving a single fabricated setting piece: +/- 1/8". b. Location and alignment of anchor bolt groups from designated location and alignment: +/-1/4". QUALITY CONTROL TESTING DURING CONSTRUCTION A. City Testing Agency: Sampling and testing for quality control during placement of concrete shall include the following. 1. Slump: ASTM C143; at least one test at point of discharge for each day's pour of each .type of concrete; additional tests at the Quality Control Inspector's discretion when concrete consistency seems to have changed. Test when taking samples for compression tests. 2. Air Content: ASTM C173, volumetric method for normal weight concrete; ASTM C231 pressure method for normal weight concrete; at least one for each day's pour of each type of air -entrained concrete. Test when taking samples for compression tests. 3. Concrete Temperature: Test hourly when air temperature is 40' F (4 degrees C) and below, and when 80' F (27 degrees C) and above; and each time a set of compression test specimens is made. 4. Compression Test Specimen: ASTM C31; one set of 3 standard cylinders for each compression' strength test unless otherwise directed. Mold and store cylinders for laboratory cured test specimens except when field -cure test specimen are required. If additional cylinders are required by the Contractor for any reason, they shall be done at the contractor's expense. B. Compressive Strength Tests: ASTM C39; one set for each day's pour exceeding five (5) cubic yards. Two (2) specimens tested at seven (7) days, two (2) specimens tested at twenty-eight (28) days, and one specimen retained in reserve for later testing if required. CAST -IN -PLACE CONCRETE 03300-10 College Ave. - Harmony Rd. Landscape & Urban Design Improvements PART 4 — MEASUREMENT & PAYMENT 4.01 GENERAL A. Measurement: Concrete shall be measured by the cubic yard in accordance with the dimensions shown on the Drawings or as directed by the Project Manager, and in accordance with the Specifications. B. Payment: The accepted quantities will be paid for at the contract unit price per cubic yard of measurement for each of the pay items. Payment shall be full compensation for all work necessary to complete the designated Pay Item. Cold weather protection costs shall be incidental to the work. END OF SECTION 03300 CAST -IN -PLACE CONCRETE 03300-11 College Ave. - Harmony Rd. Landscape & Urban Design Improvements SECTION 03315 — SELF -PLACING CONCRETE PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. The General Contract Conditions, Drawings, and Division-1 Specification sections apply to Work of this Section. 1.2 SUMMARY A. Section Includes: 1. Self -placing, self -leveling, self -compacting concrete for colored concrete architectural bases. B. All work provided under this Section must also comply with all other Contract requirements. C. Geo-technical Engineering Study — CTL Thompson, Inc., Project FC04850-135 dated 09- 04-09, supplemented 05-13-10. 1.3 REFERENCES A. Concrete Materials and Method of Concrete Construction / methods of test for Concrete (CSA): 1. CSA.A.23.1.00, Clause 5: Standard Specifications for Concrete Aggregates 2. CSA.A.23.1.00, Clause 3: Standard Specifications for Cements and Supplementary Cementing Materials. 3. CSA.A.23.1.00, Clause 4: Standard Specification for Water. 4. CSA.A.23.1.00, Clause 15: Standard Specification for Durability. 5. CSA.A.23.1.00, Clause 17: Standard Specification for Quality. 6. CSA.A.23.1.00, Clause 6: Standard Specifications for Admixtures. B. American Concrete Institute (ACI): 1. ACI 301: Specifications for Structural Concrete for Buildings 2. ACI 305R: Hot Weather Concreting. 3. ACI 306R: Cold Weather Concreting. 4. ACI 308: Standard Practice for Curing Concrete C. ASCC (American Society of Concrete Contractors) — "Guide for Surface Finish of Formed Concrete". 1.4 QUALITY ASSURANCE A. A pre job conference will be held at the jobsite to discuss site related points in this SELF -PLACING CONCRETE 03315-1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 02810 - IRRIGATION 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. Maintenance period. F. Sidewalk sleeving for irrigation pipe and wire. G. Connection to existing irrigation tap and meter, backflow, and or mainline. H. Connection to existing controller. 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. Roadway sleeving. 1.3 RELATED WORK A. Division 2 - Site Work: 1) Section 02920 - Fine Grading and Soil Preparation. 2) Section 02931 - Seeding. 3) Section 02932 - Sodding. Page-25- 1 College Ave. - Harmony Rd. Landscape & Urban Design Improvements section of the specification. Those present shall be the General Contractor, concrete mix ' supplier, the Engineer, the Landscape Architect and the testing agency. No concrete placements of the self -placing, self -leveling, self -compacting concrete will be allowed prior to this meeting. ' B. Self -placing concrete manufacturer shall make available a qualified individual to monitor concrete quality and performance as specified. 1.5 SUBMITTALS A. Comply with Section 01300, unless otherwise indicated. ' B. Product data: manufacturer's specifications and technical data including: g ' 1. Test reports from producer indicating compliance with performance requirements specified. 2. Laboratory reports:. three (3) copies of tests and reports specified. ' C. Shop Drawings: Indicate dimensions, general construction, specific modifications, plus any specific requirements. ' D. Concrete Design Mix: Submit warranted performance parameters for each concrete type for review and return prior to placing concrete. Include available supporting backup data. 2. Include Manufacturer's data sheets. E. Delivery Tickets: One (1) copy indicating quantity, mix identification, design strength, maximum aggregate size, design air content, deign slump -flow and time of batching for each load delivered. ' 1.6 CONCRETE MIXTURE VERIFICATIONS A. Submit final concrete mix verification two (2) weeks prior to placing concrete. The self - placing Manufacturer, prior to submittal, shall review Mix design. Include the following information for each concrete mix design: ' 1. Type of fine and coarse aggregates. 2. Slump -flow: Manufacturer standards. 3. Flow Box test: Manufacturer standards. ' 4. Air Content: CSA.A.23.2.4C, Air content of Plastic Concrete by the Pressure Method or the Air Content of Plastic Concrete by the Volumetric Method, CSA.A.23.2.7C. 5. Density and Yield of Concrete: CSA.A.23.2.6C. 6. Compressive Strength of Cylindrical concrete Specimens, CSA.A.23.2.9C. SELF -PLACING CONCRETE 03315-2 1 College Ave. - Harmony Rd Landscape & Urban Design Improvements PART 2—PRODUCTS 2.1 MATERIALS A. Cement and Supplementary Cementing Materials, CSA.A.23.2.9C. B. Water, CSA.A.23.1.00, Clause 4 C. Aggregate, CSA.A.23.1.00, Clause 5 D. Admixtures, CSA.A.23.1.00, Clause 6 E. Moisture -Retaining Cover / Curing Compound: a. Moisture -retaining covers shall comply with ASTM C171: Waterproof paper, polyethylene film or burlap. b. Evaporation Retarder: Confirm by Master Builders of Eucobar by Euclid Chemical Company, for "flat work / slabs" covered by these specifications. C. Liquid Membrane Curing Compound: Liquid -type membrane -forming curing compound complying with Corps of engineers CRDC C309 "Specifications for Membrane Forming Components for Curing Concrete. If available, contractor shall use `Lafarge Agilia Demoldant". F. Forming Materials: Forming material shall be steel, cured aluminum, steel framed plywood, resign impregnated plywood, plastic or paper faced plywood, or Plexiglass. Formwork used for architectural' concrete shall be in excellent condition. a. Note: The surface texture and condition of the forming system selected will be directly represented in the final Agilia concrete surface. 2.2 REINFORCING STEEL: Comply with Section 03300. 2.3 CONCRETE REQUIREMENTS A. Self -Placing Concrete: 1. Agilia Architectural, LaFarge North America; proprietary ready -mix concrete with the following characteristics: a. Water cementitious ratio: 0.37. b. Air Content: 2%. C. Slump -flow: 25-30 inches for Architectural Agilia. d. Compressive Strength: 8500 psi @ 28 days. 2. Or approved equivalent. B. Manufacturer shall review the proportioning and production of self -placing concrete mix. The Manufacturer's representative shall make a trial batch, and then mix to the correct consistency; afterwards, the testing agency, or the manufacture will make the specimens for testing. SELF -PLACING CONCRETE 03315-3 College Ave. - Harmony Rd. Landscape & Urban Design Improvements PART 3 - EXECUTION ' 3.1 EXAMINATION ' A. Verification of Conditions: Examine areas and conditions under which Work is to be performed and identify conditions detrimental to proper of timely completion. ' 1. Do not proceed until unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Coordination: Notify others involved, allowing installation and completion of their work prior to concrete placement. B. Surface Preparation: Immediately before concrete placement, thoroughly wet moisture - absorbing material that will be in contact with concrete, without developing standing water. 3.3 INSTALLATION ' A. Concrete Production: CSA.A.23.1.00, Clause 18. B. Hot Weather Concrete: Comply with ACI 305R when maximum daily temperature exceeds 85 degrees F. or rapid drying conditions exist (evaporation rate exceeds 0.15 pounds per square foot per hour. Refer to ACI 305R, Chapter 2). ' C. Cold Weather Concrete: Comply with ACI306R when freezing conditions or a mean daily temperature below 40 degrees F. is encountered. ' 3.4 CONCRETE PLACEMENT AND CONSOLIDATION A. Place concrete within 1.5 hours after mix water has been added unless the Manufacturer ' representative has made adjustments to the mix. B. Contractor must "pump" self -leveling concrete for each of the bases identified on the ' Drawing, extending the hose to the bottom of the architectural features form liner. "Tailgating" material will not be allowed. Vibrating of self -leveling concrete mixture will not be allowed. 3.5 FINISHES A. Exposed Vertical Surfaces: Smooth form finish shall comply with ACI 301, 10.2.2 and produce a smooth, uniform texture with an orderly pattern of form larks. Finish surface qualify shall be "P-1" as referenced in the ASCC Guide for Surface Finish of Formed Concrete. tSELF -PLACING CONCRETE 03315-4 1 College Ave. - Harmony Rd. Landscape & Urban Design Improvements 3.6 CONCRETE CURING AND PROTECTION A. Protect freshly placed concrete from premature drying and excess cold or hot temperatures. B. Begin initial curing as soon as concrete is finished. Keep continuously moist or sealed for not less than five (5) days. C. Proposed curing techniques shall be submitted for approval prior to beginning concrete work. 3.7 FIELD QUALITY CONTROL A. Comply with Section 01400. B. Cylinder Tests: Section 03300. C. Air Content: Section 03300. PART 4 — MEASUREMENT & PAYMENT 4.01 GENERAL A. Measurement: Self -placing colored concrete for architectural bases shall be measured by the number of units of the various sizes/types installed and accepted, in accordance with the dimensions shown on the Details and Drawings or as directed by the Project Manager, and in accordance with the Specifications. B. Payment: The accepted quantities of the self -placed colored concrete architectural bases of the various sizes/types shall be paid for at the contract unit price each, and shall be for full compensation for making all excavations, hauling and disposal or excavated material, placing and fmishing the required self -leveling colored concrete and reinforcement steel, removing formwork, backfilling and compacting as required, and for furnishing all tools, labor, equipment and incidentals necessary to complete the work. Cold weather protection costs shall be incidental to the work. END OF SECTION 03315 SELF -PLACING CONCRETE 03315-5 4) Section 02950 - Trees, Plants and Ground Cover. 1.4 SUBMITTALS A. Deliver four (4) copies of all required submittals to the Owners' Representative within 15 days from the date of Notice to Proceed. 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 3.10 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 Owners' Representative three days in advance of testing. B. Pipelines jointed with rubber gaskets or threaded connections maybe subjected to a pressure test at any time after partial completion. of backfill. Pipelines jointed with solvent -welded PVC joints shall be allowed to cure at least 24 hours before testing. C. Subsections of mainline pipe may be tested independently, subject to the review of the Owners' Representative. Page -26- 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 equal to the anticipated operating 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. 3) Leakage will be detected by visual inspection. Replace defective pipe, fitting, joint, valve, or appurtenance. Repeat the test until the pipe passes test. a. Cement or caulking to seal leaks is prohibited. F. Operational Test: 1) Activate each remote control valve in sequence from controller. The Owners' 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 GURANTEE/ WARRANTY AND REPLACEMENT Page-27- 1 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 two years from substantial completion, 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 (7) days of notification from the Owners' Representative. 1) Maintenance shall include winterization for fall of 2010 and startup for spring of 2011 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. 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 pedestrian pavements shall be PVC Schedule 40 pipe with solvent welded joints. C. Sleeving diameter: as indicated on the drawings and installation details or 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 12454-13, ASTM Standard D1784, with an integral belled end. Page -28- ' 2) Use Class 200, SDR721, 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. a. 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. Lateral Pine 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 12454-13, ASTM Standard D1784, withan 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 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 Laterals within pots, utilize inline drip tubing per detail. 5) 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. of 0.613" for 1/2-inch pipe. ' Use PVC /compression line fittings compatible with the drip lateral pipe. Use tubing stakes to hold above -ground pipe in place. C. 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. Page -29- END OF SECTION SECTION 01330 - SUBMITTAL PROCEDURES ' PART 1 - GENERAL ' 1.1 RELATED DOCUMENTS IA. 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 I 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 F I A. DEFINITIONS Action Submittals: Written and graphic information that requires Owner's Representative responsive action. 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. Page -3- 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 berated at 315 psi, and use O-ring and street elbow construction. 4) Inline Drip Emitter Tubing: a. Provide a low volume dripper line with integral and evenly spaced pressure compensating drippers at specified intervals in a discharge rate of 0.6 in gallons per hour (GPH). Inline Emitter Drip Tubing shall consist of nominal sized one-half inch low -density linear polyethylene tubing. The Inline Emitter Drip Tubing shall have internal pressure compensating, continuous self-cleaning, integral drippers at a specified spacing of 12" on center, or blank tubing without drippers where specified in details. (i) Inside diameter: 0.57 inches (ii) Outside diameter: 0.67 inches (iii) Color: Brown b. Use spiral barb fittings supplied by the same manufacturer as the hose. c. All tubing shown outside of the bed area shall be class 200 PVC pipe. 5) 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. 6) Assemblies calling for threaded pipe connections shall utilize PVC Schedule 80 nipples and PVC Schedule 40 or 80 threaded fittings. 7) 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. 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. Page-30- I B. Quick Coupling Valve Assembly: Double swing joint arrangement as presented in the installation details. ' C. Manual Drain Valve Assemblv: As presented in installation details. 2.6 SPRINKLER AND BUBBLER IRRIGATION COMPONENTS ' A. Remote Control Valve (R(fV) Assembly for Sprinkler and Bubbler 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. Adjust flow control per manufacturer's recommendations prior to use. ' B. Sprinkler Assembly: As presented in the drawings and installation details. C. Bubbler Assembly: As presented in the drawings and installation details. ' 2.7 DRIP IRRIGATION COMPONENTS A. Remote Control Valve (RCV) Assembly for 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. Adjust flow control per manufacturer's recommendations prior to use. ' B. Drip Emitter Assembly: 1) Barb -mounted, vortex and/or pressure compensating emitter device as presented in the installation details. The device shall be Rain Bird Xeri-bug 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. c. Tree: 4 single outlet emitters each or 1 multi -outlet emitter each (with 4 outlets open). 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. Secure emitter outlet tubing with tubing stakes. C. Pots drip system Assembly: As presented in the drawings and installation details. 1) Install 6" round emitter box within pot to house union and elbow transition from poly riser to inline drip tubing. D. Flush Cap Assembly: as presented in the installation details. Locate at the end of each drip Page -3 1 - irrigation lateral pipe. Install a separate valve box over a 3-inch depth of 3/4-inch gravel for each assembly. 2.8 CONTROL SYSTEM COMPONENTS A. Irrigation Controller Unit: 1) As presented in the drawings and installation details. 2) Primary surge protection arrestors: Per Manufacturer's recommendations. 3) Valve output surge protection arrestors: Per Manufacturer's recommendations. 4) Lightning protection: 8-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) RainBird ESP-SMT'compatible weather sensor with rain tipping bucket and temperature gauge. 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. Utilize DBR6-300 splices. 4) 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." D. Existing Control Wire: 1) It is assumed that existing 24 VAC control wire between existing controller and solenoid valves is in workable condition. Any concerns ate to be brought to the attention of the Owner prior to installation of the replacement controller. Page -32- 2.9 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. Utilitv Locates ("Call Before You Dig"): 1) Arrange for and coordinate with local; authorities the location of all underground utilities. ' 2) Repair anunderground utilities damaged during y g g g 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, controllers, 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 work space for installing connections and fittings. ' Page -33- 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 sprinklers and bubblers. 4) 8-inch over drip lateral pipe in turf or paved areas downstream of drip system zone control valves. 5) 3-inch minimum mulch cover over drip lateral pipe in planting beds downstream of drip system zone 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 and sleeves 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. Backfill unsleeved pipe by depositing the backfill material equally on both sides of the pipe in 6-inch layers and compacting each layer to 90% Standard Proctor Density, ASTM D698-78. Conduct one compaction test for every 300 feet of trench. Costs for such testing and any necessary retesting shall be borne by the Contractor. Use of water for compaction, "puddling", will not be permitted. G. 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. H. Dress backfilled areas to original grade. Incorporate excess backfill into existing site grades. I. Where utilities conflict with irrigation trenching and pipe work, contact the Owners' Representative for trench depth adjustments. Page -34- ' 3.4 SLEEVING AND BORING 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 locations. C. Bore for sleeves under obstructions which cannot be removed. Employ equipment and methods designed for horizontal boring. ' 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 t p y ary o 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 perniitted ' 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. Page-35- 11 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. 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. INSTALLATION OF MAINLINE COMPONENTS A. 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. B. Quick Coupling Valve Assembly: Install where indicated on the drawings. Page -36- 3.7 INSTALLATION OF SPRINKLER AND BUBBLER IRRIGATION COMPONENTS ' A. Remote Control Valve (RCV) Assemblv for Sprinkler and Bubbler Laterals: ' 1) Flush mainline before installation of RCV assembly. 2) Install where indicated on the drawings. Wire connectors and waterproof sealant shall be used to connect control wires to remote control valve wires. Install connectors and ' sealant per the manufacturer's recommendations. 3) Install only one RCV to a valve box. Locate valve box at least 12-inches from and align ' with nearby walls or edges of paved areas. Group RCV assemblies together where practical. Arrange grouped valve boxes in rectangular patterns. Allow at least 12- inches between valve boxes. ' 4) Adjust RCV to regulate the downstream operating pressure. ' 5) Attach ID tag with controller station number to control wiring. B. Sprinkler Assembly: ' 1) Flush lateral pipe before installing sprinkler assembly. 2) Install per the installation details at locations shown on the drawings. ' 3) Locate rotary sprinklers 6-inches from adjacent walls, fences, or edges of paved areas. ' 4) Locate spray sprinklers 3-inches from adjacent walls, fences, or edges of paved areas. 5) Set sprinklers perpendicular to the finish grade. ' 6) Supply appropriate nozzle or adjust arc of coverage of each sprinkler for best performance. ' 7) Adjust the radius of throw of each sprinkler for best performance. 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) Adjust the output flow of each bubbler for best performance. ' 3.8 INSTALLATION OF DRIP IRRIGATION COMPONENTS A. Remote Control Valve (RCV) Assembly for Drip Laterals: ' Page -37- 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. B. Drip Emitter Assembl 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. Flush Can Assembly: Install at the end of each drip irrigation lateral pipe as shown on the installation details. 3.9 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" 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 Page-38- 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) Install a 120-volt, 15 amp switched and grounded 3-prong receptacle with GFIC inside the controller unit housing. 7) 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. Cod 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. 6) Protect wire not installed with PVC mainline pipe with a continuous run of warning tape placed in the backfill six inches above the wiring. 3.10 INSTALLATION OF OTHER COMPONENTS A. Tools and Spare Parts: Page-39- 11 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 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. E. 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. 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.O1.A). Page -4- 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. 3.11 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, 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. 3.12 MAINTENANCE A. Install Contractor shall provide maintenance up to substantial completion. Individual property owner and or City Maintenance Company shall be responsible for maintenance thereafter. B. 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 damage during the landscape maintenance operation. 3.13 CLEAN-UP A. Upon completion of work, remove from the site all machinery, tools, excess materials, and rubbish. END OF SECTION Page -40- L �1 1 SECTION 02870 - SITE FURNISHINGS PART 1 - GENERAL e) 1.01 SCOPE A. Bidding Documents and Information, Conditions of the Contract and Division 1 — General Requirements apply to the Work of this Section of the Specifications. B. Work covered by this specification concerns labor, materials, and equipment necessary for installation of: 1. Landscape Containers / Planter Pots. 2. Urban Design features to include the following: a.. Signal Pole Ornamental Brackets. b. Ornamental Imagery Fence Panel(s). C. Concrete Plinth and ornamental imagery. d. Ornamental Lighted Column. f) 1.02 RELATED SECTIONS A. Section 02750 — Concrete Paving B. Section 02810 — Irrigation System C. Section 03315 — Self -Placing Concrete g) 1.03 SUBMITTALS A. Technical literature from Manufacturer for each of the following: 1. Landscape Containers / Planter Pots: Contractor to specify and coordinate with Manufacturer, the location and size of the penetrations to accommodate the specified drainage and irrigation specifications. B. Shop Drawings: Show fabrication and installation details for Urban Design features listed above. 1. Show sign mounting heights, locations of supplementary supports to be provided by others, and accessories. 2. Provide graphic elements and layout for each feature as required. C. Samples for Verification: For each of the following products and for the full range of color, texture, and sign material indicated, of sizes indicated: Page 41- 1. Aluminum: For each form, finish, and color, on 6-inch long sections of extrusions and squares of sheet at least 4 by 4 inches. 2. Trim / Frame: 6-inch long sections of each profile. 3. Accessories: Manufacturer's full-size unit. D. Maintenance Data: For urban design features to include in maintenance manual as required. E. Warranty: Special warranty specified in this Section. h) 1.04 SAMPLES i) J) A. Submit color swatches for each of the site furnishings listed above. 1.05 SUBSTITUTIONS A. No substitutions for specific materials will be accepted except under the following conditions. a: Alternative bid proposals may be submitted for consideration by the Owner's Representative following the Bid Opening. Alternative,proposals must be fully supported by necessary documentation showing compatibility/comparability with specific materials and included in the Bid Proposal documents. Substitutions must also comply with the General Conditions. In the event the substitution does not comply with or is not considered an approved substitute by the City, the Bidder will be responsible to provide the originally specified material. 1.06 QUALITY ASSURANCE A. Workmanship, fabrication and shop connections shall be in accordance with AWS and AISC specifications. B. Welding shall be done by welder(s) certified for AWS, D.1 structural welding requirements. C. Urban Design Features Fabricator Qualifications: Shop that employs skilled workers who custom -fabricate products similar to those required for this Project and whose products have a record of successful in-service performance. 1. Urban Design Feature Qualified Installer / fabricators as follows: a. Shaw Sign & Awning — Fort Collins, 970.493.6244 b. DaVanci Sign Systems, Inc. — Windsor, 866.DAVINCI C. Gordon Sign — Denver, 303.629.6121 d. Approved substitute. D. Source Limitations for Signs: Obtain each sign type indicated from one source from a single fabricator. Page -42- k) 1 T 7 PRODUCT DELIVERY AND HANDLING ' A. Coordinate delivery requirements with Manufacturer. B. Products shall be delivered to the project site in good condition, and shall be contained in the Manufacturer's crate/packaging. The Contractor shall not accept delivery damaged items. of Products shall free from defects and damage. Damaged products shall be replaced by the manufacturer at no additional cost. C. Comply with manufacturer's requirements for unloading, lifting, and placement. ' 1.08 WARRANTY A. Special Warranty: Fabricator / Installer agrees to repair or replace components of urban design features that fail in materials or workmanship within specified warranty period. B. Failures include, but are not limited to, the following: ' 1. Deterioration of aluminum finishes beyond normal weathering. 2. Deterioration of colors and sign lamination. C. Warranty Period: Two (2) years from: date of Substantial Completion. D. This guarantee will not be enforced should materials be subject to vandalism; improper maintenance procedures carried out by the City involving resulting in damage, vehicular damage or other similar circumstances beyond the control of the Contractor. PART 2 - PRODUCTS I) 2.01 MATERIALS A. Aluminum Sheet and Plate: ASTM B 209 (ASTM B 209M), alloy and temper recommended by aluminum producer and finisher for type of use and finish indicated, and with at least the strength ' and durability properties of Alloy 5005-H32. 1. Aluminum Sheet: a. Finish: Painted. b. Color: Shade/hues/types as indicated. Final selection by Owner's Representative from B. manufacturer's full range. Extruded -Aluminum Frames: Mitered with concealed anchors. a. Color: Shade/hues/types as indicated. Final selection by Owner's Representative from ' manufacturer's full range. b. Profile: Square C. Corner Condition: Square. Page -43- d. Mounting: As indicated. C. Accessories: 1. Anchors and Inserts: Provide nonferrous -metal or hot -dip galvanized anchors and inserts for exterior insfallations and elsewhere as required for corrosion resistance. Use toothed steel or lead expansion -bolt devices for drilled -in -place anchors. Furnish inserts, as required, to be set into concrete or masonry work. 2.02 FABRICATION A. General: 1. Welded Connections: Comply with AWS standards for recommended practices in shop welding. Provide welds behind finished surfaces without distortion or discoloration of exposed side. Clean exposed welded surfaces of welding flux and dress exposed and contact surfaces. 2. Mill joints to tight, hairline fit. Form joints exposed to weather to exclude water penetration. 3. Preassemble urban design features ;in the shop to greatest extent possible. Disassemble features only as necessary for. shipping and handling limitations. Clearly mark units for reassembly and installation, in location not exposed to view after final assembly. 4. Conceal fasteners if possible;'otherwise, locate fasteners where they will be inconspicuous. m) 2.03 LANDSCAPE PLANTER POTS A. Manufacturer: Kornegay Design, 212 South 18th Street, Phoenix, AZ 85034, toll free phone 877.252.6323. B. Model: Dune Series — DS-32 C. Color: Integral pigment color from Davis Color — San Diego Buff. D. Quantity: Twelve (12). E. Penetrations: Shall be drilled in bottom of planter pots as required for drainage and irrigation. Diameters and placement shall be as indicated on the plans and details. Contractor to coordinate and specify these penetrations with the Manufacturer, prior to ordering. F. Mounting: Planter pots shall be centered on the colored concrete base as detailed. Securing the pot to the concrete base is not necessary or required. Empty pots weight = approx. 920 lbs. Page -44- PART 3 - EXECUTION n) 3.01 GENERAL A. Installation shall be in accordance with the plans and details and with the Manufacturer's recommendations. B. Site Furnishing shall be installed in the locations and quantities shown on the plan and details. C. Where applicable, the Owner's Representative shall approve the site furnishing locations prior to fastening in place. D. Use templates, provided by the Manufacturer, to properly position mounting bolts. E. Clean foreign material from exposed surfaces after installation is complete. 3.02 INSTALLATION A. Locate urban design features where indicated, using mounting methods of types described and complying with manufacturer's written instructions. 1. Install features level, plumb, and at heights indicated, with surfaces free of distortion and other defects in appearance. o) 3.03 CLEANING AND PROTECTION A. After installation, clean soiled sign surfaces according to manufacturer's written instructions. Protect signs from damage until acceptance by the City of Fort Collins. END OF SECTION 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. Page -45- 1.2 ra ITS uii i1 Section Includes: 1. Sodding 2. Topsoil. 3. Soil Amendments. 4. Warranty. 5. Initial Maintenance. 6. Extended Maintenance. Related Sections: 1. Division 2 Section "Irrigation Systems" for sprinkler irrigation. 2. Division 2 Section "Exterior Plants" for plantings, material types. 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. 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 yeaf of production and date of packaging. 1. Certification of each seed mixture for turfgrass sod, identifying source, including name and telephone number of supplier. Page -46- 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 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: Do not dump or store bulk materials near structures, utilities, walkways and pavements, or on existing turf areas or plants. Page -47- 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 Provision 3.5 below and as additionally specified in Section 02935 — Plant Maintenance for sodded areas, to include mowing, edging, trimming and fertilization. Begin maintenance immediately after each area is planted and continue until acceptable turf is established, but for not less than the following periods: 1. Sodded Lawns: thru Substantial Completion. City of Fort Collins or individual property ' owner's maintenance companies will maintain once Substantial Completion has been achieved. 1.9 WARRANTY A. Warranty: Installer's standard form in which Installer agrees to repair or replace sodded or seeded areas that fail in installation or growth / establishment within specified warranty period. 1. Failures include, but are not limited to, the following: 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. 2. Warranty Periods from Date.of Substantial Completion: a. Sodded Areas: Two (2) years. . 3. Include the following remedial actions as a minimum: a. Remove dead sod immediately. Replace immediately unless' required to plant in the succeeding planting season. b. Replace sod that is more than twenty-five percent (25%) dead or in an unhealthy condition at end of warranty period. C. Provide extended warranty for replaced sod material; warranty period equal to original warranty period. Page -48- 1 �I 0 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 Turfgrasss 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 comers. ' 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 1". ' 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. ' 1. 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. ' Page -49- i. Number and title of appropriate Specification Section. Drawing ' j. number and detail references, as appropriate. k. Location(s) where product is to be installed, as appropriate. 1. Other necessary identification. ' 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. ' 1. 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 transmitter. of 2. 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. 1. 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". Page -5- 1 B. Planting Soil: Onsite / Stockpiled topsoil ' 1. 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 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. Page -50- H ' 3.2 A. PREPARATION 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 io 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: 1. Dryland Seeded Areas: Imported topsoil not required. 2. 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): 1. 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 (1") 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. 1. Reduce elevation of planting soil to allow for soil thickness of sod. F. Moisten lawn prepared areas before planting if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. Page -51- 3.4 3.5 G. Before planting, restore areas if eroded or otherwise disturbed after finish grading. 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. 1. Lay sod across angle of slopes exceeding 1:3. 2. 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. TURF MAINTENANCE A. Maintain and establish turf by watering, fertilizing, weeding, mowing, trimming, replanting, and other operations. Roll, re -grade, and -re -plant bare or eroded areasu produce 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 Substantial Completion. 2. 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. 3. 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. Layout 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 Page-52- over and become matted. Do not mow when grass is wet. Schedule initial and subsequent mowings to maintain the following grass height: 1. 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. Warranty: See 1.9, this Section, for explanation of Contractor's / Installers responsibilities throughout the Warranty period. 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 1 1 1 1 1 1 Page-53- No Text � Fort Cour cllins as g Financial Services Purchasing Division 215 N. Mason St. 2"d Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 k9ov. com/purchasing SPECIFICATIONS AND ' CONTRACT DOCUMENTS FOR College Avenue and Harmony mony Road Landscape and Urban Design Improvements BID NO. 7161 ' PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOORJORT COLLINS ' August 10, 2010 — 3:00 P.M. (OUR CLOCK) 11 CONTRACT DOCUMENTS TABLE OF CONTENTS Section BID INFORMATION 00020 Notice Inviting Bids 00100 Instruction to Bidders 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Major Subcontractors CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 00600 Bonds and Certificates I I 00610 Performance Bond I 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial iCompletion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release(Contractor) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS Pages 00020-1 -00020-2 00100-1 - 00100-9 00300-1 - 00300-3 00400-1 00410-1 - 00410-2 00420-1 - 00420-3 00430-1 00500-1 00510-0 00520-1 - 00520-6 00530-1, 00600-1 00610-1 - 00610-2 00615-1 - 00615-2 00630-1 00635-1 00640-1 00650-1 - 00650-2 00660-1 00670-1 - 00670-2 00700-1 - 00700-34 GC -Al - GC-A2 00800-1 - 00800-2 00900-1 00950-1 - 00950-2 00960-1 - 00960-4 Rev10/20/07 1 Section 00020 Page 2 SECTION 00020 INVITATION TO BID Rev 10/20/07 Section 00020 Page 3 SECTION 00020 INVITATION TO BID Date: July 20, 2010 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 August 10, 2010, for the College Avenue and Harmony Road Landscape and Urban Design Improvements; BID NO. 7161. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 7161 College Avenue and Harmony Road Landscape and Urban Design Improvements. The Work includes landscaping, sprinkler irrigation, organic and inorganic mulching, sod, landscape boulder placement, ornamental fence panels, lighted ornamental columns, pedestrian lighting and electrical service, decorative concrete footings and caissons, decorative concrete plinth construction and concrete planter pots. The Contractor will provide Traffic Control. The City will provide Construction Survey. Material Testing will be provided by the City and performed by CTL Thompson, Inc.. 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. 1 A prebid conference and I job walk with representatives of prospective Bidders will be held at 9:00 aim., on July 27, 2010, at 281 North College Avenue, Conference Room A, Fort Collins. Prospective Bidders arelinvited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at: I • City of Fort Collin Is BuySpeed: https://secure2.fcgov.com/bso/login.jsp Bids will be received aslset forth in the Bidding Documents. The Work is expected tolb, 2.3 of General Conditions. specified in the Agreement. commenced within the time as required by Section Substantial Completion of the Work is required as I Rev10/20/07 1 Section 00020 Page 1 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. 1 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 1 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 1 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 1 business with the City of Fort Collins is prohibited City of Fort Collins By 1 James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director 1 Rev10/20107 Section 00020 Page 2 1 J. K. 1.5 A. 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. Use for Construction: Use only final submittals with mark indicating "APPROVED" taken by Owner's Representative CONTRACTOR'S USE OF CAD FILES 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 A. 4-1 ACTION SUBMITTALS General: Prepare and submit Action Submittals required by individual Specification Sections. 1. Submit electronic submittals directly to extranet specifically established for Project. 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. Page -6- SECTION 00100 INSTRUCTIONS TO BIDDERS 1 fl 1 11 ' 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 not ,Engineer assumes any responsibility for errors or ' misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, ' 00420, and 00430 fully executed. 2.4. .OWNER and Engineer, in making copies of Bidding Documents available ' on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS ' 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of ' qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must ' contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. ' 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following ' Rev 10/20/07 Section 00100 Page 1 1 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 41, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction ' as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. I Rev 10/20/07 Section 00100 Page 2 ' ' 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to t be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions ' answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. ' 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. ' 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. ' 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. ' 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security ' must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions ' for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required ' contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, ' OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the ' Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. ' The number of days within which, or the date by which the Work is to be substantially. complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. ' Rev10/20/07 Section 00100 Page 3 8.0 LIQUIDATED DAMAGES. Provisions for li 9.0 SUBSTITUTE ("OR dated damages are set forth in the Agreement. ") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated .on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable. to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder, shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to'revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR (shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed.for submission with the Bid. Rev10/20/07 1 Section 00100 Page 4 ' 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 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 ' Rev 10/20/07 Section 00100 Page 5 full responsibility for timely delivery at the location designated for receipt of Bids. 1 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 thelopening of Bids. 16.0 BIDS TO REMAIN OPENISUBJECT TO ACCEPTANCE. All Bids shall remalin open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sumlthereof will be resolved in favor of the correct sum. Rev10/20/07 1 Section 00100 Page 6 ' 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. 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. Rev10/20/07 Section 00100 Page 7 I 20.0 TAXES. 21.0 22.0 PXxf P.ARI] 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. I RETAINAGE. Provisions concerning retainage are set forth in the Agreement. i PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidders 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. COLLUSIVE OR SHAM BIDS. Any Bid deemed by Ithe 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. BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION Rev10/20/07 1 Section 00100 Page 8 Rev 10/20/ 0 SECTION 00300 BID FORM L� 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. 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. 1 k. Seal and.signature of professional engineer if specified. 2. Number of Copies: Submit four (4) opaque copies of each submittal unless copies P p es 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 1 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. ' 3. 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. Page -7- PROJECT: 1 SECTION.00300 BID FORM Place C-Eav� CO Date $��O(201pI In compliance with your Invitation to Bid dated 5 �20 (0 and subject to all conditions thereof, t e undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of 15'1, ($ ) 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 furnisY the specified erformance and payment bonds is as follows: I Reto T"SL&AdAtL C0 5. All the various phales of Work enumerated in the Contract Documents with their individual jibs 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 periformed 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 I. Rev10/20/07 1 Section 00300 Page 1 0 Item # 1.01 1.02 1.03 1.04 1.05 1.06 1.07 2.01 2.02 3.01 3.02 3.03 3.04 3.05 3.06 3.07 4.01 4.02 4.03 4.04 4.05 BID SCHEDULE (Base Bid) COLLEGE AVE. & HARMONY ROAD LANDSCAPE & URBAN DESIGN IMPROVEMENTS WIREMENTS Mobilization (Insurance, General Fencing) Construction Control Devices Item Description 19, Site Safety/Site Prote Traffic Control Management = # of Work Days Construction Traffic Speciality Sin Panel Size A Construction Traffic S eciali Sin Panel Size B Portable Messa a Sion Panel 1 6"xl8" Barrier Curb Complete includes sawcut and asphalt patch) 6' x6" Colored Concrete Header 12'h. Pedestrian Pole and Fixture 3 per corner Pedestrian Pole Assemblyand Installation Ornamental Column Lighting and Installation includes.li hts and controller Power.Cabelin and Conduits Junction Boxes Service Cabinet and Associated Equipment Installation items 3.04 thru 3.06 RING& METALWORK Ornamental Panel (median) - 30"h. x 8T, includes 6" s s ares q. posts (includes five Ornamental Panel - 36"h. x 8'I. includes 12" custom posts_includes one 1 ; Ornamental Panel - 36"h. x 6'I. includes 12" custom posts includes one 1 Installation of Bollards (within planter bed - northeast corner only) - Bollards b City Median Plinth Metalwork Rev10/20/07 Section 00300 Page 2 Units I Quantity I Unit Price I Extension ction LS 1 2W, 360' $ Z#, 3e0. a o Ls 1 15 300" $ (3 300.00 hours 200 ,1 - $ 20o.00 days 90 350 " $ 31 500, 00 EA 15 86" $ t ?Ao. ai EA 15 (o0.' $ I Soo, 00 da Is 20 (t5,' $ a'3oo. ao LF 110 LF 55 *,t00 $ EA 12 5-OOO.a�_ 00. 00 EA 12 OO. o a LS 1 3� 800.AD, o0 LS 1 a (Co. $ 100.or) LS 1 3 T00. - $ 3 Soo, co LS 1 . 5- 200, " $ 5 ac pU 00 LS 1 I) EA 44 1 �50, $ SStocc. oD are EA 11 a aoO, $ a4 400.00 are EA 20 d oqO, $ 40 000, o0 :)vided EA 2 too. " $ a00, oa EA 4 ao0. _$800. 0a 4.06 Lighted Ornamental Column - Aluminum frame/cage only art, glass, etc. N.I.C. EA 4 4.07 Signal Pole Ornamental Brackets Complete EA 4 SIl E.:F:.URNI$.RINGS=:CONcRETEWORK;. 5.01 Standard Grey Concrete Cassion for 8' Median Ornamental'Panel only) EA 60 5.02 Colored Concrete Ft for 6' and 8' Ornamental Panel EA 56 5.03 Self -Placing Colored_ Concrete for Planter Pot Enhanced Base EA 12 5.04' 5.05 Self-Placin "Colored Concrete Median Plinth Self -Placing Colored Concrete -Enhanced Base and Std. Grey Conc. Footing for Lighted, Ornamental Column EA EA 4 4 5.06 Self-Placin 'Colored Concrete Base for Pedestrian Light Pole EA 12 _SITE.FURNISHINGS =BOTHER::. 6.01 Concrete Planter Pots Complete (includes drainage and plantar mix) Er, 12 5 40D. " $ Soo. 00 d, 300,- $ 9 _Apo. 00 aoo, - $ t z 000, 00 300 - $ i 1, Soo, 100 • $ 3:zf 400. CO Boo ' $ 154 zoo, oo 3 Co. $ At aoo . a pop - $ l a MC . oc 1,300." $ PLANfiMATERIAL :.. _..... ., .: ,. . Canopy Trees 7.01 Catalpa speciosa - 3" cal. EA 6 `fco. - $ 7.02 Gleditsia triacanthos inermis Skyline - 3" cal.EA 5 _ $ a� 7.03 G mnocladus dioicus - 3" cal. EA 1 (00, " $ (oQ, ` 7.04 ._ Quercus 'Crimson Spire'- 3" cal. EA 14 5a0 $ * ago 7.05 Quercus macrocar a - 3" cal. EA. 6 ESQ , " $ a Epp - 7.06 Quercus robur'P ramich' - 3" cal. EA 4 So10,. ' $ OQQ - 7.07 Ulumus japonica Accolade Elm - 3" cal. EA 1 $ (op Ornamental Trees 7.08 Malus 'Thunderchild"-•2.5" cal. EA 14 3a0, 7.09 P rus calle ana 'Chanticleer'- 2.5" cal. EA 20 355, $ (Qp, Deciduous Shrubs 7.10 Aronia melanocar a 'Iroquois Beauty'- #5 cont. EA 46 31. $ 1 7.11 Caryopteris x clandonensis 'Blue Mist'- #5 cont. EA 46 a4, - $ ( ( p 7.12 Cornus alba 'Ar enteomar inata' - #5 cont. EA 6 as, - $ (��,•- 7.13 Cornus stolonifera 'Isanti' - #5 cont. EA 16 a5 - $ fool 7.14 Cornus stolonifera 'Kelse i' - #5 cont. EA 7 ag, - $ 7.15 Fors hia 'Arnold Dwarf - #5 cont. 6 a� . - $ 6 0l r Rev10/20/07 Section 00300 Page 3 M ® M M M M � M � M M M M M M 7.16 Li ustrum vul are 'Lodense' - #5 cont. 7.17 Lonicera tatarica 'Arnold's Red'- #5 cont. EA 64 a�. � $ 7.18 Mahonia a uifolium - # 5 cont. EA 10 d`f. $ 0a40.00 7.19 Prunus Besse i 'Pawnee Buttes'- #5 cont. EA 3 $ QG.00 7.20 Potentilla fruiticosa'Gold Drop'- #5 cont. EA 18 ' ' $ 3a.00 7.21 Potentilla fruiticosa 'Prarie Snow'- #5 cont. EA 11 a3 . $ a s3 . oc 7.22 Prunus x cistena - #5 cont. EA 13 �- $ 351, DO 7.23 Ribes al inum 'Green Mound'- #5 cont. EA 11 A . $ 41v`F.00 7.24 Rosa x 'Iceber ' - #5 cont. EA 28 as - $ �Oo.DO 7.25 Rosa x Knock Out - #5 cont. EA 22 30 � $ (�O , EYJ 7.26 S irea x'Floweriri Choice'- #5 cont. EA 9 ��• � $ asa,o0 7.27 S irea 'a onica 'Goldflame' - #5 cont. EA 31 3O' . $ 3 O ,0'J 7.28 S rin a patula 'Miss Kim'- #5 cont. EA 37 $ 951.00 Evergreen Shrubs EA 22 $ 5_14.Co 7.29 Juni erus sabina 'Buffalo' - #5 cont. 7.30 Juni erus procumbens 'Green Mound' - #5 cont. EA 56 30. ' $ ( 680;00 7.31 Juni erus sabina 'Arcadia'- #5 cont. EA 14 O - $ Lf kA Ornamental Grasses EA 32 3� ' $ (p0 , Q 00 7.32 7.33 Calama rostis x acutifolia 'Karl Forester' - #1 cont. EA 279g' $ � 3 � 00 Descham sia ces itosa - #1 cont. 02 . 7.34 Festuca glauca - #1 cont. EA 12 8, $ q�.00 7.35 Helictotrichon sem ervirens - #1 cont. EA 8 _ $ (o , 00 7.36 Panicum vir atum 'HeavyMetal'- #1 cost. EA 163 $ (304, oD 7.37 Pennisetum alo ecuroides'Hameln' - #1 cont. EA 140 $ �fO0' Q0 7.38 Schizach rium sco arium 'Blaze' - #1 Cont. EA 32 $ , $ a56 , Co Perennials EA 202 7.39 Achillea millefolium - #1 cont. 7.40 Achillea 'Moonshine'- #1 cont. EA 4 $ 30l ' D0 7.41 A astache aurina 'Coronado'- #1 cont. EA 5 $ 7.42 Ceratosti ma plumbaginoides - #1 cont. EA 61 $ O0 7.43 Coreo sis lanceolata - #1 cont. EA 21 _&8 g• $ pfl 7.44 Echinacea purpurea 'White Swan'- #1 cont. EA 41 g• $ 32g . D0 7.45 Geranium 'Rozanne' - #1 cont: 41 $ Z %q . 00 Rev10/20/07 Section 00300 Page 4 7.46 Leucanthemum x su erbum 'Alaska' - #1 cont. EA 40 a, � $ 7.47 Oenothera macrocar a - #1 cont. EA 85 $, .. $ 7.48 Penstemon strictus - #1 cont. EA 13 g, ' $ DEMOLITION;; EDGER, MULCH, SOD, MISCELLANEOUS 8.01 Landscape / Plant Material Demolition east end of Harmony Road median LS 1 I OW, $ 8.02 Stacked Buff Sandstone Boulder Retainin Wall southeast corner LS 1 13 ?�, $ 8.03 Soil Amendment @ 3 CY/1000 s .ft. (Compost) - 18,200 s .ft. CY 55 �D, $ 8.04 Fine Grading / Shaping of median / Grading on southwest corner / etc. SF 39,051 18,200 0106 0.30 $ $ 8.05 8.06 Fescue Sod Steel Edger SF LF 464 3, , $ 8.07 Re -set Existing Buff Sandstone Landsca e-Boulders- Southeast-Corner-Onl — --EA -12— —00- -$ 8.08 12"d. Planters Mix Q 4 annual bed locations CY 4 too,- $ 8.09 Type 1 .Washed Cobble Mulch, Y-6", Tan color range SF 830 I .SD $ 8.10 Type 2 Washed Cobble Mulch, 6"-12", Tan color range SF 830 a,'" $ 8.11 8.12 8.13 8.14 Type 3 - Cobble Mulch, 6"-12" Cobble Mulch, ink -white -black color range Type 1 - 3"d. Shredded Mulch (no fabric) - City's Recycled material (transport to site & install only) -Type 2 - 3" d. Shredded Mulch no fabric - Shredded Cedar at Spotlight Music only) Weed Barrier Fabric SF SF SF SF 790 16,355 2,046 2,450 a — $ 0, 3s $ O,'4O $ O, 1 a. $ IRRIGATION; 9.01 -Sprinkler Irrigation Complete includes provision of irrigation controller 9.02 Fall 2010 Irrigation Sstem s Winterization 9.03 Spring 2010 Irrigation System(s) Startup 1, 000, dD 13, 200, 00 3, Pso, 00 A, 343. ob S, 4 bo. 00 1.392.0o Lf 00. 00 I. a*s. 00 (iSrCO,00 244. goo LS 1 61 Soo,�4 $ LS 1 6fop $ G(oo, 00 LS 1 boo, ' $ low. 00 BASE BID TOTAL $ G 36, (o (4-, 00 r e4tQjra Sey eu,Ae� . L)® TOTAL IN WORDS Rev10/20/07 Section 00300 Page 5 ' 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: / A wee J ca h. Cif Ll C&A S+rvC"+0CS . CONTRACTOR BY: rlL KeAGr U 8 io W 10 Signature Date utce Pre -Si Title License Number (If Applicable) if Bid is by corporation) Attest • 'a SS`, S6G� ' Address ((6 W e.Ue-Q'ew l��tf lekb^ CO $ot 2z ' Telephone .3 3 �'_ ZSg 2 ' Email C°IreC1erCN 0.c&tLLl+.CCU, I Rev 10/20/07 Section 00300 Page 6 00410 00420 00430 Rev 10/20/07 SECTION 00400 UPPLEMENTS TO BID FORMS - Bid Bond Statement of Bidder's Qualifications Schedule of Subcontractors ISECTION 00410 ' BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned American Civil Constructors, Inc. as Principal, and*as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER,' in the sum of** $ 5% of bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. ' * Safeco Insurance Company of America ** Five Percent of the Total'Amount of the Bid 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, 7161 College Avenue and Harmony Road Landscape and Urban Design Improvements. 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. I Rev 10/20/07 Section 00410 Page 1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 5th day of August , 2010, 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 forth above, PRINCIPAL, SURETY Name: American Civil Constructors, Inc. Safeco Insurance Company of America 1 �C Address: 1601 W. Belleview Avenue 330 No. Brand Blvd., Suite 500 !�{_ `;, ),j" Littleton CO 80120 Glendale, -CA 91203 �. By: By: Title: VcCe.?rPt1A4.11_1t_ Title: Rachelle Rheault, Attorney in Fact '. 'Aa ww'w', 014 (SEAL) Rev10120107 Section 00410 Page 2 11 n CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On AUG 0 52010 before me, Jeri Apodaca, Notary Public (Here insert name and title of the officer) personally appeared Rachelle Rheault . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their- authorized capacity(ies), andthat by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JERI APODACA Commission #.1693703 WITNESS my hand and official seal. Notary Public - Callfornla : Orange County My Comm. Expires Oct 12, 2010 ignatu of Public °(�otaryStarr W ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (A rttona in ormation CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer ❑ (Title) Partner(s) ❑X Attorney -in -Fact HTrustee(s) Other 20U8 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a .separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. /n such instances, any alternative acknowledgment verbiage as may be printed on .such a document .so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e.. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form i f required. • State and County information must be the State and County where the document signer(s).personally, appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also' be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s)who personally appear at the time of notarization. • Indicate the correct singular or plural fortes by crossing off incorrect forms (i.e. he /shehhey is/are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible, Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •.• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. •:• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document S4067/GE 11/07 XDP 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 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 manufacturers 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. Page -8- Ub. r� POWER Allu il�. OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 9675 Sufeco Insurance Company of America General Insurance Company of America 1001 4th Avenue Suite 1700 Seattle, WA 98154 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **RHONDA C. ABEL; JERI APODACA; LISA K. CRAIL; LINDA ENRIGHT; JANE KEPNER; NANETTE MARIELLA-MYERS; MIKE PARIZINO; RACHELLE RHEAULT,JAMES A. SCHALLER; Irvine, California*******************************�*� its true and lawful attorney(s}in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21st March 2009 day of kill Dexter R. Leng, Secretary Timothy A. Mikolajewski Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: ' "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg .,Secretary of SAFECO.INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation AUG 0 5 2010 this day of SEAL;` S-0974/DS 3/09 �X* R,kj Dexter R. Legg, Secretary WEB PDF ' 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: f/ 3. When organized: -/ Q7 �a 4. If a corporation, where incorporated: S. 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 appropr'ate anticipated dates of completion.) 4tin tiS ' 7. General character of Work performed by your company: ` 0C i C N ' 8. Have you ever failed to complete any Work awarded to you? jO If so, where and why? ' 9. Have your ever defaulted on a contract? Ajp If so, where and why? ' 10. Are you debarred by any government agency? /L)-O If yes list agency name. 1 IRev 10/20/07 Section 00420 Page 1 I� 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. \ 1 -- -- "'- 1 - - — - - % +- - - - — 13. Experience in construction Work similar in importance to this pro ect: 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $ 16. 9 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? 5 ' 18. Are you licensed as a General CONTRACTOR?S If yes, in what city, county and state? E ,Cl,����,�� What class, license and numbers? ' 19. Do you anticipate subcontracting Work under this Contract? If yes, what percent of total contract? /0 90 and to whom? 20. Are any lawsuits pending against you or your firm at this time? 4/0 e IF yes, DETAIL e Rev10/20/07 Section 00420 Page 2 21. What are the limits of your public liability? DETAIL � 1-4cc t/19-7-0 What company? / J; / ; S C?�=Z n je n4 0- 22. What are your company's bonding limitations? ;L 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 %G-�(ti 20& Name of Bidder By: jelC Ap--C74F-e Title: State of AI Qr D County of id Moo- hnt, ) -- -I bein aul sworn � �d�e�poses and says that he is j e,S _ of �'►� rj�lLf'I� 1 ''� 1_LLmg1ICd[L and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to efore me this Iyt day of 20��. arjr Public My commission expires Rev 10/20/07 '`A�.ti ti \qJ Section 00420 Page 3 � � J t _ t 2 3� t 1 l 1 ContractolrQualification�s FOR �. COLLEGE AVE HARMONY`RD. LANDSCAPE & URBAN DESIGN r ;�IMPROUEMENTS by American Civil Constructors, Inc 1601 W. BelleviewAvenue ,Littleton, Colorado 8012Q :t . 08,10, 2010 murican ivil onstructors August 10, 2010 Mr. James O'Neill, II, CPPO, FNIGP City of Fort Collins 215 North Mason Street, 2"d Floor Fort Collins, CO 80522 Dear Mr. O'Neill: Attached with this letter is the Contractor Qualifications from American Civil Constructors for the College Avenue. and Harmony Road Landscape and Urban Design Improvements. We are excited about the project because we like this type of construction and the positive impact that such improvements have on the streets of America. Thank you for considering our submittal. We would be happy to meet with the Town staff and business community and review our ideas in person. Sincerely, AMERICAN CIVIL CONSTRUCTORS, INC. (ACC) �4 us in Yarbro g , LLA Division Mans er BID SUBMITTAL FOR College Ave. -Harmony Rd. Landscape & Urban Design Improvements CURRENT PROJECT BACKLOG PROJECT NAME Proiect Name nratinn (mmnlatinn Amni int LOWERY GREAT LAWN Aurora, CO Dec-10 $2,020,473 NELSON PROPERTIES Commerce Cit Aug-10 $179,855 VESTAS Brighton CO Oct-10 $750,065 LYKINS GULCH I Longmont, CO Oct-10 $162,019 PINEY CREEK Aurora, CO Au -10 $33,288 STAGECOACH RESERVOUR Steamboat, CO Oct-10 $410,000 DCS MONTESSORI PLAYGROUND Castle Pines, CO Aug-10 $118,539 FOUR SEASONS Vail, CO Oct-10 $378,503 SUMMIT BLEACHERS Frisco, CO Aug-10 $79,058 MONARCH K-8 Boulder, CO Aug-10 $208,000 JOHNSTOWN STREET SCAPE Johnstown, CO Oct-10 $629,934 BRIGHTON BLVD PARKING LOT Commerce city Aug-10 $393,302 BROOMFIELD HS I Broomfield, CO Aug-10 $312,769 Oskaloosa Iowa Track and Field Oskaloosa, IA May -11 $932,000 Fort Hays Field Hays, KA Oct-10 $588,060 SSPRD Trail - Lonetree, CO Aug-10 $67,000 Bowles and Wadsworth Lakewood, CO Se -10 $63,000 Beartooth Highway WY Sep- 11 $60.000 American Civil Constructors, Inc. (ACC) �Zo DATE ( A� CERTIFICATE OF LIABILITY INSURANCE PaeP I nf 3 I n7%M9//D9n7y PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFO RMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAT Willis of Colorado, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND O 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# 1. INSURED American Civil Constructors, Inc. INSURER A: Arch Insurance Company 11150-00 Division 201 1601 W. Belleview St. INSURER B: National Union Fire Insurance Company of 19445-001 INSURERC:Travelers Property Casualty Company of Am 25674-90 Littleton, CO 80120 INSURER D: INSURER E: nnVPRAnPq THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR NSR TYPEOFINSURANCE POLICY NUMBER POLICYEFFECTIVE DATE MM/DD/YYYY POLICY EXPIRATION DATE (MM/DDNYYYI LIMITS A GENERAL LIABILITY 71PKG2326606 7/1/2010 7/1/2011 EACH OCCURRENCE $ 2,000,0A00 X COMMERCIAL GENERAL LIABILITY DAMAGETORENTED PREMISES Eaoccurence $ 300,000 CLAIMS MADE Ex_] OCCUR MED EXP (Any one person) $ 5 0 0 Q PERSONAL & ADV INJURY $ 2,000,0 00 i GENERAL AGGREGATE $ 4,000.000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 4 000 000 POLICY X JE o LOC A AUTOMOBILE LIABILITY ANY AUTO 71PKG2326606 7/1/2010 7/1/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1� 000, 000 ]{ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIREDAUTOS NON -OWNED AUTOS X X PROPERTY DAMAGE (Per accident) $ $5,000 Comp Ded. X 5 000 Coll Ded. GARAGELIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC $ ANYAUTO $ AUTO ONLY: AGG B EXCESS/UMBRELLA LIABILITY X OCCUR CLAIMSMADE BE23465062 7/1/2010 7/1/2011 EACH OCCURRENCE $ 5,000,000 AGGREGATE $5,000,0 $ DEDUCTIBLE $ X RETENTION $ 10,000 A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE❑ 71WC22326506 7/1/2010 7/1/2011 X TORYLIAMITS OER E.L. EACH ACCIDENT $ 1,000.000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1 0 0 0 000 If yyes, describe under SPECIALPROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 000 000 C OTHER: Builders Risk QT6609482B760TIL10 7/1/2010 7/1/2011 $10,000,000 Limit Frame Construction $ 1,000,000 Sublimit Earthquake/Flood $ 1,000,000 Sublimit offsite Stora a Transit 1,000,000 Sublimit DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS This Certificate of Insurance represents coverage currently in effect and may or may not be in compliance with any written contract. 10 days for Workers' Compensation for fraud; material misrepresentation; non-payment of premium; other reasons approved by the Commissioner of Insurance. 10 Days for Non -Payment of Preminm SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDE4AMED TO THE LEFT, BUT FAIWIRE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABIUVY OF ANY. Iowa of Johnstown, Colorado REPRESENTATIVES. 450 S. Parish Avenue AUTHORIZED REPRESENTATIVI Johnstown, CO 80534 ' ACORD 25 (2009/01) Coll:3073555 Tpl:1122909 Cert:14462722 ©1988- The ACORD name and logo are registered marks of AC( \ITS AGENTS OR CORPORATION. All rights QUALIFICATIONS FOR ' College Ave. -Harmony Rd Landscape &Urban Design finorovements OPENING STATEMENT Introduction _ We are ready to go. Our staff and our crews love constructing this kind of work. We have the ' experience, the motivation, and the enthusiasm, and we are anxious to see detailed plans and provide our input. ' American Civil Constructors (ACC) ACC was founded in 1975 as Randall & Blake, Inc. (RBI) to service the landscape construction ' industry. The company has been located in Littleton, Colorado since its inception. As the company achieved success, RBI expanded its traditional landscape and reclamation ' construction services to include site work, grading, concrete work, special features, streets and bridges, golf courses, and sport fields. In 2000, the company changed its name to American Civil Constructors, Inc. to reflect the expansion of our capabilities into site work and horizontal ' construction of all types. As a general contractor involved in site work, our staff is very experienced with special pavements, concrete work, pavers, site furnishings, landscape and irrigation, signage, and all the elements that ' make a successful new downtown streetscape. ACC's organization by team and profit center is aimed at providing individualized service for each ' project, thereby allowing a more personal relationship with our clients. Our business model is to self perform as much of the construction as we can, to better control quality, cost, and schedule during construction. L Our staff consists of persons trained both in construction management and landscape architecture. Our landscape architects have experience both in design and also in field construction. They act as project managers so that we can better ensure that the projects which we are awarded are implemented properly in the field. The ability of the contractor and the owner's designer to talk the same vocabulary and share the same ,,,Cyy„rr, ,uwn Lenrer, variand, TX personality type, creates an atmosphere of easy and clear communication during the construction process Summary of Work Plan/Approach In the following pages, we have outlined in detail how we plan to approach the work. It starts with some intensive preconstruction coordination between contractor, owner, and designer. This includes a Partnering Session so American Civil Constructors, Inc. (ACC) 1 ' QUALIFICATIONS FOR College Ave. -Harmony Rd. Landscape &Urban Design Improvements ' that all the players get to know each other as personalities prior to construction. ' A key part of our approach is the use of multiple crews to ensure that there is no gap in construction. The crews will either act in tandem to each other or doing simultaneous construction activity, depending upon the final plans and the complexity of the site. Other ideas which we have ' promulgated include self performing much of the work to better control quality, cost and schedule. Finally, we suggest a method for coordinating information flow much like the flow of construction. When constructing projects in retail areas where shopping activity has to continue, information about ' the construction is as important as the construction itself. TREX Train Station Plaza, Denver, CO 11 IAmerican Civil Constructors, Inca (ACC) 1 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. ' I. Schedule of Tests and Inspections: Comply with requirements specified in Division 1 Section "Quality Requirements." ' J. 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. a 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. a 4. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. a Page -9- s QUALIFICATIONS FOR College Ave. -Harmony Rd. Landscave & Urban Design Improvements COORDINATION OF THE PROJECT • Construction Coordination , • Information Coordination Construction Coordination In the previous section ACC outlined our approach to partnering, schedule control and cost control, all of which are part of the overall coordination between contractor, businesses and the City. This site is small and our presence will be obvious. All the players are close together, facilitating daily interface and coordination. In spite of this proximity, there will still be a need:for coordination of information about the project. This is the responsibility of the project manager.. Information Coordination As previously mentioned "ACC's Project Manager will be - on site during construction. Part of his/her role is construction coordination, but the :other part is passing information. about the construction to the city. By the time construction` will have started, these information coordination activities, will have already taken place: Partnering meeting where the key players from the business community; the. Town and ACC get to know each other. Input from the business community and the Town onspecial events, ;sales, fairs, etc. will have been incorporated into the schedule. • A representative from the Town will be a part of the weekly construction meetings. To follow through with communicating information about ACC's daily activities, ACC's project manager will: • Walk the street during his on -site visits and converse with the city • Post a weekly construction schedule. • Have public information street signs indicating where construction will be occurring. The key to information coordination is access to key individuals. The City will have the private cell phone number of ACC's Project Manager available to them at all times. Traffic Control and Public R.O.W. Safety ACC will have a full time traffic control supervisor on site at all times. The site will include all project signs needed to protect vehicular and pedestrian movement. ACC will start and complete one side of the project at a time. This will ensure that the pedestrians will have access in any direction at a given time. American Civil Constructors, Inc. (ACC) ' QUALIFICATIONS FOR College Ave. -Harmony Rd. Landscape & Urban Design Improvements ' Coordination of Subcontractors ' ACC holds a weekly subcontractor meeting. This ensures that all delivery will meet critical schedule. ACC will self performs the majority of the work. This enables ACC better control of the schedule and coordination. ' Coordination with Art- In — Public Places Artist ' ACC will include any person that the city feels necessary at our weekly construction meeting. This helps with any coordination concerns. Schedule Once again, with ACC self performing the majority of the work, the schedule is easily obtainable. ACC typically works four ten hour days so that it gives the business owners a break*on Friday while ' at the same time gives ACC the flex ability to make up lost days to weather and other circumstances on Friday. F I American Civil Constructors, Inc. (ACC) QUALIFICATIONS FOR College Ave. -Harmony Rd. Landscape & Urban Design Improvements PROJECT APPROACH • Introduction • Preconstruction Activities • Schedule and Budget • Maintaining the schedule • Controlling Costs unknown site conditions, owner changes • Treating Surprises • Quality Control Introduction American Civil Constructors (ACC) has a traditional project manager/field superintendent approach to managing its projects.. But beyond that simple statement, we have some very different ideas on how to handle projects where both vehicular traffic, pedestrian traffic, business access and construction all interact. These are the topics of this section. Preconstruction Activities ACC has always believed that tight organization up front allows a smoother construction project throughout. Part of organizing is building relationships between parties. By the time the contractor is selected, we will know more about the details of the project, having put a bid together using the drawings and specifications. One of the key elements in construction is the veracity and completeness of the drawings and specifications. During preconstruction, we will discuss drawings, specifications, construction methodology and schedule. But the key to preconstruction is building relationships between parties to the project. ACC's first concern is to build confidence among all key players who come to the project mostly unknown to each other and with different backgrounds. The fast -track nature of this project requires that the team players know each other as professionals and persons before beginning to work together. ACC will sponsor a Partnering Session focusing on team and consensus building and expectations. These sessions have successfully shortened time frames and created a team among individuals who have never worked together Attendees typically include the major Owner's representatives, the designer, ACC personnel, representatives from the business community, major subcontractors and suppliers to ACC, and anyone else who will have to "live this project for its duration". American Civil Constructors, Inc. (ACC) QUALIFICATIONS FOR College Ave. -Harmony Rd. Landsmpe & Urban Design Improvements The Partnering Session covers everyone's project fears, milestones, obstacles, expectations, channels of communications, and a method for resolving surprises during construction, if they occur. After the Partnering Session, ACC will sponsor a preconstruction meeting which deals with the details of the construction, such as schedule, and critical path, staging areas, vehicular and traffic control, working hours, noise control, business access, safety/vandalism issues, and loose ends. A list. of actions for each attendee will be produced. Penterra Plaza, Denver Tech Center Schedule and Budget Before "schedules and budgets can be monitored or controlled, ;they must be developed and approved. The budget (or bid) is based upon a defined scope of work and ACC's equipment and manpower productivity rates and cost of materials._ Cost control. during construction will be predicated `upon this budget; therefore it must.be'approved prior to the start of construction so that there is a "common beginning" for both ACC and the City of Fort Collins. Likewise, the schedule is based upon the manhours developed in the bid (how long it takes to do something) and the number of ACC crews assigned to the project. It is also influenced by the city's desire to minimize general disturbance in the retail area, keeping access to shops open, construction time frames and weather. These factors blend together to make the schedule which will be used to measure progress during construction. ' During preconstruction, the city and ACC will agree on the budget and schedule so that there is common understanding and a basis for measurement once construction begins. Maintaining the Schedule ' ACC's approach to keeping on schedule during construction includes five major steps. 1 p ' a. Use of Multiple Crews: because of the complexity of this project, ACC anticipates assigning two crews to the project to work simultaneously and/or in sequence depending upon the scope of work. The use of multiple crews allows us to work in different areas at the same time. ' b. Work Week: ACC crews will start out each week working four ten hour days, allowing Friday and Saturday as "make up" time in case of weather or an unpredicted slow down in production. This ' helps us overcome delays in the work and keeps the project on schedule. c. Self Performance: ACC will self perform almost all of the demolition, concrete, utilities, site furnishings, and landscape and irrigation work, allowing us to more tightly control the speed and ' performance of the construction than if subcontractors were involved. ' American Civil Constructors Inc. c (ACCJ QUALIFICATIONS FOR College Ave. -Harmony Rd. Landscape & Urbon Design Improvements d. Weekly Meetings: ACC suggests that our weekly on -site coordination meetings occur on Tuesdays, early in the week, so that coordination with other construction activities or business events can be made and so that adjustments to the schedule or work areas, if needed, can be made. e. Schedule Update: this will be done each WEEK, at the end of the week, and presented at the next weekly meeting. Updating the schedule weekly allows ACC and the city to closely monitor the schedule and make immediate adjustments to keep the project on target. This will be done by the Project Manager. Controlling Costs The key to ACC's cost control lies in our being able to monitor costs on a weekly basis. At the end of each week, ACC's Project Manager receives a report on all project expenses to date, including manpower, equipment and material. The weekly timing allows us to track costs as they occur, and then to compare those costs to: • WIP Actual (work in place) • WIP Scheduled (work in place) • WIP Budgeted (work in place) • the scope of work, and • the base budget. If adjustments to our production rates or crew sizes are needed to ensure that we stay within our budget, we make these adjustments within the week. Additionally, one of the subjects of our weekly meeting will be a discussion of budget and cost. We also track costs on all our projects on a monthly basis, to ensure that nothing "falls through the cracks". Treating Surprises What do ACC and the city do when unknown site conditions or events appear? This could range anywhere from the physical (e.g. finding an unmarked utility, or a conflict in the drawings) to the American Civil Constructors, Inc. (ACQ QUALIFICATIONS FOR College Ave. -Harmony Rd. landscape & Urban Design Improvements F� schedule (e.g. business owner is having a sale and doesn't want access negatively influenced by construction). In all cases the sooner these things are known, the better both ACC and the city of Fort Collins can react. ACC's first reaction will be to investigate, talk with the city representative and propose solutions. ACC does not., ot want to stop work, unless there are hazardous or negative safety issues involved for both construction crews and the general public. In the latter case, work will be stopped until the area can be made safe again. However, for most surprises, ACC°s intent is to keep working, research the issue and make recommendations to the Town of Johnstown within eight hours. Construction surprises need immediate response. and cannot wait for the_next weekly meeting. Quality Control The short time frame available to build this project combined with multiple activities and crews on site, mandates a number of measures to ensure a safe site and an excellent finished product. These measures include the following: a. Self Performance: "the management of the quality of the construction work begins with the control of the resources doing the work". ACC will perform almost all of the work using its own crews and equipment. This allows ACC to more tightly control the budget, schedule and Murphy Creek Metrodistrict, Aurora, CO workmanship of the construction than if subcontractors were used to do the same work. Coupled with this, however, is having adequate in-house resources. Without adequate resources to construct, workmanship will suffer. ACC has more than adequate in-house resources for the work along Parish Avenue. b. Document Control: ACC utilizes a double filing system to ensure that documents are available to everyone. There will be copies of every invoice, order, job ticket, delivery ticket, certificates of compliance, inspection tests, etc. put into an on -site filing system and one copy in the Project Manager's master file. All email "paperwork" will be printed into hard copies and filed accordingly, by task, item, or subcontractor. Often,`1iowever, to avoid printing, we set. up an on- line filing system so both ACC and the city could have access to all files. c. Project administration: this project will require a nearlyfull time project manager and a full time general superintendent as a minimum, with the superintendent being on site every day and the project manager being on site four days a week. d. Scheduling for Multiple Construction Activities: it is imperative that for much of the construction period, more than one activity and crew be on site working. The project manager will be personally responsible for the schedule and ensuring that each crew or subcontractor understand and agree to the dates. American Civil Constructors, Inc. (ACC) QUALIFICATIONS FOR Colleae Ave. -Harmony Rd. Landscape & Urban Design Improvements e. WeeklyrDnstruction meetings: these will involve all crews and contractors on site and will be held on site. Their purpose is to coordinate all construction activities. Attendees should be all contractors, owner's designer, and the City of Fort Collin's project manager. f. Weekly Administrative Meetings: there are, in addition to coordinating meetings, a weekly meeting between ACC's project management staff and the city. The purpose is to ensure that the "paperflow" and administrative and financial details of the project run smoothly. g. Ability to Control Crews: the ability to control the activities of crews and contractors lies with the personality of ACC's project manager and with the relationship he/she has with those crews. ACC's approach to management of crews is one of partnering as opposed to a hierarchical (dominant/subordinate) approach. Additionally if more of the crews are ACC crews then ACC will have more control over its own employees. h. Design Review During Construction: In addition to the design review taking place weekly during the meetings, ACC offers the ability to provide its own in-house review of design. issues during construction, as a supplement to that of the Town of Johnstown's designer. ACC's :design staff has experience with designing this type of product and will serve as a second `overview" to what is being built. Multi -level In -House Inspections: in addition to,the site superintendent and projectJmanager, ACC's Director of Operations makes frequent and unannounced job site visits to observe operations, safety, productivity, and quality of work., Also, ACC's landscape architects will visit sites to look at workmanship and materials. Are the valve boxes lined up in a row? Are trees and shrubs of the appropriate grade? Is the concrete finish consistent and correct? Are the pavers flush and in line? j. Phasing Inspections/Approvals: as part of the construction scheduling, ACC will ask the city to approve portions of the work as they are completed. This will allow specialty crews and contractors to leave the site knowing their work is accepted and allowing those other activities dependent on previous activities to start work. ACC acknowledges that at the end of the project, the work signed off early must still be of the same quality. West Main Street, Frisco, CO American Civil Constructors, Inc. (ACQ ' QUALIFICATIONS FOR College Ave. — Harmony Rd. Landscape & Urban Design Improvements ' KEY PERSONNEL ACC's key personnel for the Johnstown Downtown Improvement project consist of: • Wes Horner, Preconstruction • Justin Yarbrough, Project Manager ' • Ed Garside, Operations Manager • John Ramsey, General Superintendent • Ike Rouse, Superintendent ' Resumes for these persons are in the Appendix and a summary of their talents is below. ' Wesley W. Horner, LLA, LEED AP: Wes is a licensed landscape architect who has been working on the construction side of his profession for fifteen years, after having spent twenty years as a design landscape architect. Wes' role is to put together work scopes, bids, contracts, internal coordination with our construction groups, and coordination with our clients throughout the project. He will schedule and participate in the Partnering Session described in our Approach. Wes will work closely with Justin and with the merchants throughout the project and he will be one of the quality control ' inspectors for the project, providing unannounced inspections of our own work. Justin Yarbrough, LLA: Justin is also a licensed landscape architect who works on the construction side of our profession. He will be ACC's project manager, a role which he has been playing for nine of his ten years here at ACC. Justin's many talents in construction estimating, design, cost control, and people management, along with his gregarious character, make him the perfect personality for working both with merchants, as well as with Town officials. Much of Justin's experience has been ' earned on projects where existing facilities had to remain open for use/business during new construction. ' Ed Garside: Ed is ACC's operations manager, with over thirty years of experience in construction of all types of projects, including large pedestrian oriented, retail centers where the street environment was key to encouraging shopping and dining. Ed has worked at ACC for five years. He will be in ' charge of ensuring that all manpower, equipment and suppliers arrive at the site on time and in good working order. Ed will also provide thrice weekly inspections of the work during construction. u J John Ramsey: John is ACC's general superintendent and will be responsible for daily crew operations and quality of work. He has thirteen years of experience, five at ACC. John has strong technical skills in hardscape and concrete construction as well as with special features, site furniture installation, and landscape and irrigation. He will be responsible for maintaining schedules, overseeing crews and subcontractors, and working through weather delays and construction American Civil Constructors, Inc. (ACC) Paving.@ Club House, Glenmoor CC, Cherry Hills Village, Co U WESLEY W. HORNER, LLA, LEED AP Preconstruction Services merican ivil ' ®nstruct®rs Qualifications Mr. Horner has 35 years of experience in landscape architecture and construction, His responsibilities include design, estimating, budgeting, scheduling,preconstruction service4 and personnel and subcontractor management. His work has included the design and construction of landscaping for commercial and real estate developments, parks and recreational facilities, universities, corporate campuses, and communities Education Masters of Landscape Architecture- University of Illinois, Urbana, Illinois. B.A. - History, Washington & Lee University, Lexington, Virginia. Registration Registered Landscape Architect in Missouri and Colorado Experience 1995—Present American Civil Constructors, Inc.,. Littleton, Colorado. Manager, Preconstruction Services. Responsibilities include preconstruction services and designand construction interface for all ACC projects. Examples of.his work where the public and retail and commercial businesses connectinclude: • Midcities Retail Center, Foothills Crossing Mall, Broomfield • Murphy Creek Community Streetscapes, Aurora • Saddlerock Community Streetscapes, Aurora • Richard's Lake Community, Ft. Collins • Lincoln Meadows Retail Streetscape Median4 Parker • Twenty Mile Road Retail Streetscape, Parker • Westmoor Technology Park, Westminster • Sun Microsystems Campus, Louisville • The Promontory Center, Greeley • Penterra Plaza, Denver Tech Center, Denver • Golden Peak Lodge, Vail 1992 - 1995 Corporate Land Group/Site Design Associates, Denver, Colorado. President and Owner. Responsibilities included assisting corporations and large landowners in enhancing the value of their properties. 1985 - 1992 HOH Associates, Inc., Denver, Colorado. Vice President and shareholder:of;a national planning and landscape architecture design firm. Major assignmenisa new community in Las Vegas, Nevada (7 years), and various recreation and physical planning assignments. 1972-1985 Hellmuth, Obata & Kassabaum, Inc. ROK), St. Louis and Denver.,, Vice President in charge of planning and landscape architecture in Denver. Achievements facility master plan projectfor CSM, design of campuses, parks, government centers, commercial developments, and landscape design for a number of projects throughout theUS. Affiliations American Society of Landscape Architects Colorado Special District Association ' inerican JUSTIN YARBROUGH, LLA ivil Senior Project Manager lonstructom 1 Qualifications ' Mr. Yarbrough brings a unique perspective to our team. His training as a landscape architect mesid with his experience managing construction projects for ACC provide him with insights in boththe design and construction worlds This allows for closer relationships between the owner and his designer and ACC ' management. Mr. Yarbrough's responsibilities at ACC include site and landscape designestimating, project management client outreach, and cost control for all projects. ' Education BLA — Landscape Architecture, Texas Tech University ' Registration Colorado Licensed Landscape Architect ' Experience 2001—Premt American Civil Constructors, Inc., Littleton, Colorado. Mr. Yarbrough's experience involving streetscape elements, retail areas, concrete work and the interface between public and private spaces whileat ACC includes: ' ■ Burt Chrysler and Burt Chevy Retail Stores, Denver, Colorado ■ The Colony Trail, The Colony, Texas ' ■ Baldwin Gulch Park and Trail, Parker, Colorado ■ Cherry Creek Trail, Denver, Colorado ■ University of DenverSports Complex, Denver, Colorado ' ■ Penterra Plaza, Denver Tech Center, Denver, Colorado ■ Village Green Park, Greenwood Village, Colorado • Bayou Gulch Park, Douglas County, Colorado ' ■ Coyote Ranch Redevelopment, Aurora, Colorado ■ St. Andrews Apartments, Castle Rock, Colorado ■ Richards Lake Community, Ft. Collins, Colorado ' 2000-2001 Milestone Architectural Ornamentation, Inc. Design Director Responsibilities included project management, design of all architectural elements, estimating, managing the moldshop, marketing efforts, coordination of design approvals ' and implementation. Major Assignments: ' Water Gate Office Building Mariah Ranch University Park, Dallas, Texas ' Hilton Hotels Holland Estate