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HomeMy WebLinkAbout150588 WALSH CONSTRUCTION INC - CONTRACT - BID - 7501 TURNBERRY ROAD LANDSCAPE & IRRIGATION PROJECTC� 0 F6rt Collins PurcM1asing SPECIFICATIONS AND Financial Services Purchasing Division 215 N. Mason St. 2"d Floor PO Boa 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 jcgov. com/purchasing CONTRACT DOCUMENTS FOR TURNBERRY ROAD LANDSCAPE & IRRIGATION PROJECT BID NO. 7501 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS CONTRACT DOCUMENTS TABLE OF CONTENTS • Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 • 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS • 0 0 '_' O"s"' ut1spain plf933sliallalso �p C 61Z apply t� MUMrl Resideni: Pi6je`&. Representative and assistants. ARTICLE IO—CHMNGNSINTHEWORK- h e or a 10.2; If OWNER and CONTRACTOR fare unable to, agree ' ; to theextqnt, if any, 8Can a ,dj6sGot ,in the iCon airs cli5ii��oi�iiadjustfiient.of�C ltlicofitr3el"tinies't6t :should be allowed as a result of a Work Cha6goe,Diiective, aclaim may be made therefor as provided in, Article I I or° Article 1,2. 10.3. ' CONTRACTOR shall not be entitled tbrin increase in the.contraci Price or orre.,�ten si . on of,the Contract Tin I ies with respect to arry Work performed that is not required by the Contract Documents as I I amended, modified and supolemerited as pirovidedin paragTiiphs 3.5 and 3:6, except in the case of an cmergency as provided in paragraph or. in thec'-;c� of uncovering \York- as; provided 'in' paragraph 13.9. 10.4. OWNTER and CONTRACTOR shall execute. appropriate Cfianje Ordersnirrertd�d by ENGINEER (or Written Amendments) iivering': 10.4.1; changes in the Work-whichare�(i) ordered ,by;O'ArNER pursuant to pkmAraph,I required because of acceptance of dekcfive W6rk under paragraph I ' 3.13 or correctingdefective Work under paragraph 13.14, cir(ii) agreed to'by the parties; ' 10 1 .42 changes in the,Contrict Price or Contract Tirnis,which are agreed to by the parties; and I . I Q 4.3. changes in the'Comract Price or Contract, Times which'embody the substance c ' c of ' any ny Witten n 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 decisic'n' in accoida ' nce with the'pravisions'of - th�'Contrnt Documents and applkablc,Laws and Reanilifltliiris, but during any such appeal. CONTRACTOR shall carry on the Work and adhere :to the progress schedule its provided in p4aimplf 6.29. 10:3: Ifitolice of am, change'affecting the general scope of the AVork or -the provisions of the Contract ljocuments EJCDC QENTRAL CONIDYIIOMS i10-8 (1-00 Edtiim col CITY 61_46kT C, OLLI I NS I MODWICA'110 NS(REV4PODO) (iricludin& but not limited.to, Contract Price br Cofitria6t Times) is reqdired by the proVisio'ns of ainy Bond to be given the givin*.-of any, such notice will be CO_ "bility, and.the aniount of each ""TIUCTOR - respons-1 applicable Bond'wifl be adjusted accordingly: PRICE 11.1. The Contract Price constitutes the total coinpensation (subject to authorized tldjustmn6)'payablc to,.CbNTP,ACTOk forj5ekbraiing'the Work. Allduties. responsibilities and obligaii6ns'aisigncdto.o,r'undertaken by CON TkAcf*bRtshall be at CONRACTjORs expense without change in the Contract P66c. rice ,may only IN changed by a N rittcn-Amndmcn L AGy- clairfi Contract Price shall 15e based on by. the party making the 61a im to NdINEER. promptly (but in no dayS) after the start' oP the ig rik to the claim anil.stating'the %&the rrdjustmem claimecfcoversall known amounts-io vhicS the claimant 'is entitled as a` result of said ccurrence or event. All claims for,adjusiment in the;Orruact Price 'shall be' d6irmirrea by ENGINEEk in cc6rda'nc6 with paiii, giaph9.11 If OWNER Find '01 , NTRACTOk-cii;mot otherwise ,agree ,on the amount ivolvod. Nodaim for an adjustment in the"i--oritralct M1iCC will be valid if not submitted in accordance with this 1.13. The value of any Work. covered by. a Change Order or of H . ny claim fo�'an adjustrrent in the Contract Price will be determined as follows: 11.3.1. 1. where the NVork involved is, covered by urrit Prices contained in the 'Contract Documents,. by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3,'ihclusive)'. 11.31, where.the'Work involved is not covered by unit prices' contained in the Contract Doc merits, bya mutually agreed Payment basis, includmt. lianp sum (ivhaclt may include an allottahce fnr otertead,and profit not necessarily in accordance with iz mgmph 11.6.2), 11.3.3. where the Work involved is not covered by unit .prices i:untained in the Contiact Documents 'arid agreement to 'a lump sum is -not reached under paragraph 11.3:2, on the basis of the Cost of the Work (determined as provided in paragmphs 11 A and 11.5) plus.a CON7RAC_I'OR's fee for overhead and profit ,(determined as provided in paragraph 11.6). Cost ofrhe IVork:.-. 11.4. The term Cm of the Work means the.sum,of all shall 'obtain competitive bids front acceptable to;' OWNER and find 'shall deliver such bids to then determine, with the advice of fi bids, if any, will be aceepted, If rovades;thai the Subcontractor is,to sis of Cost of the`Work plus _a fee, s Cost of the Work and fee shall be determined in the same manner as CC Cost of the Work and fee as tiara)sarhs 11.4, 11.5, 11.6 ;and the Contract Docum I1.4.4. Coos of special consultants :(including but not limited to engineers architccts, testing laboratories: survevori; attorneys and Ja6countunts) employed for services :specifically related to the Work: costs necessarily incurred and paid by CONTRACTOR in 11.4.5. Supplemental costs including the following: \u the proper p,T,ormance'gf the Work. Swept as_q?henvise may be agreed to to writing by OIVNER such casts shall higher 11.4.5.1. I'hc iropori'on of ne&ssap' tmnsponation, Mind suhsistence,expenus of be in amounts no than those prevailing to the trave� locality of the project, shall include only ,the. following CON'f RrAt TOR's employees 'incurred in items and sletll not include any of the costs itemized in discharge of duties connccied with the Work. paragraph 11.5; 1lA15:2. Cost, including transportation and 1 L4.1. Payroll costs_ for , employees. in the direct ntaintert<ance, of 'nll materials. .supplies, employ of CONTRACTOR in the performance of the equipment, machinery, appliances odic, and Work under schedules of job clasca6cations agreed temporary facilities at the site and hand tools not 'cohsumed upon y OWNER and CONTRACTOR. Such ov and by the workers; whack arc in the , employees shall 'include without limitation performance of thc•Work, and cast less market superintendents; foremen and other , personnel value of such items used hutnot nsurned which employed full-time ai the site, payroll costs for remain the property of CONTRACTOR. rnaployees,not employed full-time on the Work shall be apportioned on the basis of their time spent on the 11 4..5.3. Rentals of all construction Wort, Pityrollcostsshallmcluderbutnotbelimited to, equipni'ent and ttrachinery;aticl the paris,thereof • salaries and w ales' plus the cost of fringe benefits whether rented from CONTRACTOR or others in which shall iaelude social security' contributions, accordance with rental, agreements approtzd by arid-itelidey pay applicable thereto. of rerforming Work after regular 114?'Costof all materials and equipment furnished and incorporated in the Work, tncludini costs: of transportation and storage thereof, and Suppliers•' .field. services required in connection therewith All cash discounts shall accrue to CONTRACTOR -unless OWNER deposits funds with CONTRACTOR with. which to make paymems, in which case thecash cltscounts shall accrete to OWNER. NI trade discounts. rebates and refunds itnil returns-froin scale of surplus ,.materials and equipment shall accrue to OWNER, and CONI'RACrOR shall make provisions so'that they may be obtained, 11.4.3.. Nymtents madc by CONTRACTOR' to the' Subcontractors for Work performed or 'furnished by Subcontractors. If required by OWNER, eJcuc ct NE UL CbUtitnon5 lb lam (106 e(utlaa) 24 . w/.C77Y OF CURT COId.l t.S MOD tFICAl'!U\S (kfi\'•1200D) costs of transportation; loading, unloading, installation, dismantling and removal theieor-all in accordance with terms of said rental agreements. The rental of any such -equipment, machinery, or paits shall cease when the use thereof is no longer necessary for the Work. 11.4.5A. Sales, consumer, use or similar tames related- to the Work, and for- which CONTRACTOR` is"liable, iroposcul by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR', any Subcantmctor or anyone directly, or indirectly employedbyany.ofthempr for whose acts any of there may be liable, and royalty payments and fees for permits and licenses. 1 L4.5.6. Losses and dam8=cs (and related cxpcnsos) caused by damage -to the Work,. not compensated by insurance or otherwise; sustained by CONTRACTOR in connection with the L� 11.4S'7. The cost of utilitics; fuel and sanitary facilities at t6e'sile. 11.4.5.8. Minor. expenses such -as telewanrs, long distance telephone-ralfs,,telephone.service;af the site, expressage and similar petty cash items in. connection with the Workt 11,4.5.9. Cost of premiums for additional Bonds" and insurance required because of changes in the. Work. 11.5. The te,nn.Cost of the Work shall not include any of the following: and other comper • t4CfOR's principal :or a branch office for administration of the Work and.not.specitically d in the'.igr&d 'upon schedule cif job Aims referred to in paragraph 11.4.E or "illy covered ,by paragraph l l 4 4--all:of which e'considered admnmstrativ6 costs'eovered by the ZACTOR's fee. 11.5.2. Expenses of CONTI2ACTOR's principal and branch .offices other than CONTRACTOR's office at the site: 11.5.3..Any .pan TR 4of CONACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges;ajairist: CONTRACTOR f6r delinquent payrnents. 11.54. Cost of.premitans,for all Bondsnand for all insurance whether fir not CONTRACTOR is required by the ContradDocuraents to purchase and a24iittain the same (cxccpt for the "Cost:6f premiums covered by subparagraph 1 14 5:9 above). facia: ceb'eR: L col DJTIONs i 91 os (t990 Eilitim) VV(JITY Ot. E ORT (bLLINS htODlt7CA770NS iREV 4n_oou) 0 11.55, Costs due to the negligence of CONTRACTOR, any Subcontnictor, or anyone directly.or indirectly employed by any of them or for whose acts spy of them may be liable, including but riot limited to, the' correction of ikjeetnz }' ork. disposal of materials or,equipment wTonoly supplied and making good anydamaee to property. 11:5 6: Other -overhead or general expense costs of any kind and the costs of any,item'not specitimlty find e presslyaicluded iripaisigaph"U;4. 11 fi.._ the _.._MN,TRACTOR's Fee, allowed .to CONTRACTOR for overhead find. profit shall be determined as'folloivs: 1 E6:9. a niutuallyacceptable fixed fee: or 17,6.2. if a,fixed fee is not ageed:upon; then -a fee based on -the .following.pemcntaacs'of the various pprtions,of ihe'Cosfof the Work, 11.62.1. for ,costs incurred under paragraphs 11 4 1 and 11'.42; the CONERACTOR's fee shall be fifteen percent; 11.6 2:2. • for :costs incurred under pa!jgmph.l 1 4.3, the-CONTRACTOR's fee "shall be five'percent; 11.&2.3. where one or more tiers of subcontracts arc on the basis of Cost of the Work plus a fee and no fixed fee is,agrced upon, the intent of: paragaphs l l 4.1, 1.1.4.E 11.43 and 11,6.2 is that the Subcontractor who actually performs or'fumWork, the ork, at whatever tier; wdl be paid; a fee ,of fifteen percent of the costs 11.6 2.4. no fee "shall be payable on the basis of'costs itemized under paragraphs 11.4.4, 11.45 and 11.5; 11.6.2.5. the amount, of credit 'for be alloived by CONITRAGf0R'to OWNER for any change which results in net decrease in cost will be the amount of the -actual net decrease in,cost-plus-a deduction in CON TRACTOR's,lee by tin amount equal to (ve percent o f such Oct decrease; and 11.6.2.6. 'when both additions and credits are involved in any one char�e, the adjustment in CONsha TRACTORS fee lf'be compute8 on the' basis. of the net change in accordance with paragraphs,11:62`.1 tiirottglt I1.07 , inclusive.' 11.7. Whenever the 'oast of :any Work is to be 25 doll niaied pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish ;and maintain recceds thereof in.accordance with generally accepted accounting; practices and submit in form acceptable to ENGMEER an itemized cosfbreakdown together withsupporting data._ Cash Al(otrancer 11:8. Iris understood that CONTRACTOR has included in -the Contract Price all allowances'so named in the Contract Documents and shall cause the -Work 'ii covered to be funushed.aiiil per,forttted ftir such sums as may, be acceptable to OkkrNF..R and ENGfNEER. CONTRACTOR agrees that: 11.81, the allowances include the cost to 'CONTRAC'fOR{less any applicable trade discounts) of materials and equipmciiti(xibircd by the allowances to be delivered ai the site, and all applicable taxes; and I1.S.2:'CONTR-ACTOR's costs for unloading ;and handling on'the.sitc, labor, installation costs; overhead profit and other expenses ,coIntemplat6d for thc' allowances have been included in the Contract Price and not in the allowances and no demand for additianal.paynient on account of any of the foregoing will lx� valid. Prior to final payment, an appropriate Change Order will be Lcsucd as mcommendcd by_ ENGINEER to reflect actual .amounts due CCONTRACTOR on account of Work covered by allowances, and the Contract Price shall .be correspondmgly'adjusted. 11.9. Unit nice work. 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Woil;'iriitially the Contract Nice 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 ark are not guaranteed and are solely for die purpose of comparison of Bids and detemiinirtg an initial Contract Price.. Detemtinations of the actual quantities and classifications of Unit; Price Work. performed by CONTRACTOR will be made by ENGINEER in accordance with aai neiaoh 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 matte .a claim for an. "adjustment in the Contract Price in accordance with Article l l if: 11.93.1. the quantity of -any item of Unit Price Work performed by CONTRACTOR differs, materially .and significantly Gom the estimated quantity of such item indicated in the Agreement; rrcDC UENEF Al, CONOIT1oN's 19lox (1 vso @(Eliai) 26 %vi cuy of FORT (;,bLLI NS rIODIt7 CATIONS (RfiV AR000) and 11.9.12. 2. there is no corresponding adjustment with respect to any olher.item of Workt and 11.9.3.3. if CONTRACTOR believes ,that CONTRACTOR is entitled to an increase in Contract Price as a result of ,having incurred additional expense or OWNER believes that OWNER is"eri itled to a deTease in C:onttuctPrice 'and the parties are unable to agrce'as`to the amountnyof asuch increase or decrease. 11A3.4 CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Rid or chanec quantities at.0lirNF.R'S•solc dikTetiin without-allectina'the Contract Price or env rcmainina :item so long as the deletion or addition does not exceed twenty -live percent of the original total Contact Price. ARTICLE 12-CHANGE OF CONT RACT TI Ni F.S 12.1. The I Inl claim and stating of the extent of I. delivered withitt ENGINEER alto accurate data in accompanied by t adjustment'ciaim claimant has real the occurrence of and CON for an tic ;j will be with Times (or Milestones) may only be c bider -Or a Written Amenddtcnt: ustmeni of the Contract Times'(or rased on of notice delivered by e claim to theother patty and to • (hut in no'c'vent later than•thiity ena of Vic event giving rise to the general nature of the claim. Notice laird with supporting data shall be days .after such occurrence (unless additional time to ascertain 'more )port of the •claim) and shall be daimanes written statement that ahe the cntira'adjustment to which the i,believe it is entitled as a result of event. All claims for adjustmett in r Nfilestones) shall be determined by xirdance .with paragraph 9.11 if RACTOR'eannot otherwise agree. ustment in the Comrict Times:(or alid if not submitted in accordance of this par igriplf 12.1. 12.2. All time lanits.stated in the Contract Documents are of the essence of the Ageenient. 12.3. Where CONTRACTOR is . prevented from completing:any part of the: Work within the Contract Times (or Dhlestones) clue to May beyond the control ;of CONTRACTOR, the Contract Time's'(or Milestor esj will be ek-len&d in an amount equal to lime 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 ofutiht (n%�m:rs'ci other confra'ctors perforning•otlicr work as contcmplaiEd by Article 1, fires, floods, epidemics,- abnormal weather conditions or acts of God. Doays attributable to and �J 0 within the control of a Subcontractor or Supplier shall be deem"ed to be. delays within the cofitrol of CONTRACTOR. 124. where C61�rrlzAdTOR 'is prevented from, c I part of ihelVork withiri the Contract Times, ompeting an)' ' (or Milestones) due to."delay'beyord the.control of both' OWNER: and 'CONTRACTOR; an. extension . of the. Contract Times,(or lvlilestodes),'in,an'anlount equal to the time lwi,due-to such delay -shall be_CI ON I TRACTOR!s sole and 6iclus'ive:remedv. for,suclidelay.' In no event shell any, Supplier. an), othei p'erso-rrur orgamizaLiori.,or toany surety for or employ-& of agent of any of them, for damages arising out of or resulting from (i) delays, caused ky or within the control of the CONTRACTOR, qr, (ii)'dcla)ls beyond the control of both parties including;but not limited to; fires flaioids'.' epidemics, abnormal "'weather conditions acts of God- . or.am or. neglect by utility.ow-neri or other contractors perfurnam.- otherworh as contemplated by Article 7. ARTICLE 13—TF-STS AND -INSPECTIONS; CORRETTIQN, REN I IOVAL OR ACCPt-rANCK'Ole DEYIXTIP'k WORK 13.1. Notice q , f Defects. Prompt noticeofall -Je/ecth,e \Vork of which , OWNER or ENWNTFFR'ha4c actual knowledge will bc,.giv'en to CONTRACTOR. All &:fktive Work may be rejected;. corrected or-acccpted,as'provided in this Article 13. Access to Work: Tests and Inspections: 133. CONTRACTOR shall give ENGINEER timely 13, notice of readiness of the Work for all required inspections tests ovapprals; and shall cooperate with inspecliontan� w testing personnel to facilitate required inspections or . tests. 1 OWITM shall employ and pay for th!% services of .an independent testis; laboratory I y to - -perform- all Con Fec or 'apprb als, liiired by the tract inspe�cti6ns_ te�t� V; Documents except: 13.4-1. for inspections, tests or approvals covered by paragraph 13.5 beloWv 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 Wb�GENERL Ci)mxllor"S 1910-S (1990 Edition) WiClTY 0140iT COLLINS MODIFICAI-IONS (REV 411000) below shall be paid as provided 'in said par'a'graph 13.9' and 13.4.3. as otherwise specifically pr9vide-d. in. the Contract Docuan e'ji Is. 13.6. If any Work. (or the work of others) that -iq. to,he lhspc�ctod, tested or approved is covered by I P CONITRACTO ' R Without written concurrence or FINGINE'ER, it,must, i0ecluckted by ENGINEER, be, U z I I I c - ovatid for observa'do-ii. 13J. UncoverinpAVork- as provided in paiagraphY3.6 shall " he .at CONTRACTOR's expenseunless d5",rrRACT,0R,has'giv6n FNGNH.FR timely notice of CONTRACTOR'S intention to cover the same and ENGINERR his hot acted, with reii'sonahle'promptn6si in response to such notice. Uncovering Work: s covered i to the written quested b�, 'it c� if re it mu an 'ENGINEER Itic e ' 0e ea r l�N 's- 001��R b,�Vunc G R obseMition and replaced at CONTRACTORs expense. by, or ig but not limited to all ient of work of btfiens), and to an appropriate decrease in unable;to agree as to the amc a "claim thereforI a . s I provided not tbund-tci , or an extension of the Contract limes or both, directly attributable to such 217 eri uncovng exposure, observation, inspection; testing, Work resulting therefrom) has been corrected, • replacement and reconstruction; end, if the parties are removed or replaced under this paragraph 13.12, the unable to, aLtree . as.- to the amount or extent thereof., correction period hereunder with respect to such Work -CONTRACTOR may makes claim therefor as provided. in will be extended for an additional period of ene yea Ariieles I 1 and 12. two year 'after such' correction or iemovid and replacement leas been satisfactorily completed. 0RMR Afay Stop lice {York. ll ccepGrnce of Defective Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers_or sunm able'aterials or 13.13. If. instead ofrrquiring correction or removal and equipment, or fads toYiiihish or perform the Work iri such a replacement of defective Wort:, OWNER (and, prior to clay that the compleied Work will conform to t}ie Contract ENGINEERS' recommendation of Gnat payment also Documents;,OWNER _mny'.order CONTRACTOR to stop ENGINEER).prefers to accept it, OLVNFR rrayrdo so: the Work, or any portion thereof, until the cause for such CONTRACTOR.shall pay all.:claims, costs, losses and order has been eliminated; however, this right of OWNER damages nttnbumbfe to OWNER!,; evaluation of and to stop the Work Shall not. gn'c rise tn:any duty'on the: ixatb determination to accept such defectw Work (such c8sts'to -if of� OWNER to e..Xerclse this right for the: benefit of be approi•ed by ENGIN>;ER as to reasonableness) CON:1- 2ACTOR or any suiety'or other party. such acceptance occurs prior to bNGINE ,*Ws recommendation of final payment a Chaner Order -will be Correction orRemma ?of DefectiveWork* issued incorporating the necessary revisions in the Contract I)ocunients with respect to the Work-. and 13-11. ifrequired•by ENGtNEHR,'CON"I'RACTOR stroll OWNER shall be, entitled to an appropriatedecrease inthe promptly, as ,directed, either .correct'all defective \York; CorHraci Price, am, if the parties are unable to agree aster ._whether or not fabricated, installed or completed; or, if the the amount thereof,'OWNEP may make a claim therefor Work has been rejected by ENGINEER, remove it; front the as provided in Article 11. If the, acceptance occurs after Ate, and replace it ,with Work that is not defective. such recommendation, an appropriate amount.w'tll be paid 'CO\rl'RACI'OR shall pay all claims, costs, locses.imd hyGONI'RAG'I'ORtq"OIfNFat. d5magcs caused by"or resulting from such`cotrccti6n or removal (including but not Bruited to all costs of repair or OilWER Afav Correct Defective Work: rcplacemcnt.of work of others). 1:3.14. IfCON'I'RAC'I'OR fails within a reasonable.time 13.12. Correction Period.• after wTitten-notice' from FNGINEFR to correct defective Work'or to remove and replace rejected Work as required 13 12.1, If uvithin.ene-year-two years _after the date of by ENGINEER in.accordancc with paragraph 13.11, or if Suli4antial,Compietion or such longer period of time as. CONTRACTOR fails to perromn the Work in accordance 'may be prescribed by Laws or Regulations, or by, the with the Contract Documents, or of CONTRACTOR fails temps otany applicable special guarantee required by to comply with any other ,provision of the Contract the ContractDocumznts or by any spe nfic.provnsidti of Documents OWNER •may, after seven days written the Contract Documents, any Work is found 'to. be notice to CONTRACTOR; correctand remedy. any such -* eefive, CONTRACTOR shall roni tl', Ni ithout c i P P) ust. deLcien y. Lrcxcrcising the rights and remedies undet to OWNER and in accordance with OWNER's, yvrittcn this paragraph OWNER'shall proceed expeditiously. In instructions: (i) correct such ckftufve Work -,-or, if it has coratecnon with such corrective and remedial action, been rejected by OWNER, remove it fromlhe site and O\MER ntav exclude CONTRACTOR from tal1 or part of vvith'Work that is not rkfecfive, and (ii) the site, take posssession'of all or pat of the Work; and .replacc.it satisfactorily correct or remove and replace any damage suspend CONTRACTOR's services related thereto, .take to other Work or the work orothers resulting therrGom. possession of CONTRACTOR's tools, apPliancis If CONTRACTOR does not promptly comply:with the construction equipment and machineryat the site and terms of such'instructions, or in.an emergency where. itnorpor ite in the .Work all materials, anal equipment delay would cause, serious, ride of loss .or .damage, stored at the site or for which 01VNER has :paid ORDER may have the defective Work corrected or the CONTRACTOR' ' but which are stored elKxvhere. rejected Work removed and replaced, and all'cIti nis, CONTRACTOR shall allow OWNER, OWNERs costs; losses and damages caused by or resulting front representatives, agents and employees. OWNER'S other such removal and replaoement .(including but not contractors and ENGINEER an(] I�NGiNEER's limited to, allcosts of repair or -replacement of work of Consultants access to the site to enable OWNER to others) will be paid by CONTRACTOR exercise the rights and remedies under this paragraph All claims; costs, losses and damages incurred or sustained by 13.122:.In special eircumstances where a particular OWNLR 'in 'exSrcisrg such ng)ils and remedies will be item :of equipment, is placed in continuous, service charged against CONTRACTOR and a Change Order will before Substantial Completion or all the Work, the: be issued incorporating, the necessary revisions .in the ' correction period for that item may start to run frgm,an Conm tract Documents with respect to the Work; and earlieF date if so provided in the Specifi6a.tions q'r'by OWNER shall Le entitled town appropriate decrease in the Written Amendment Contract Pr cc, and, if the- parties are unable to agree as to the amount thereof, MrNER may make a claim therefor 13.12-3 Where defecfive'Work- (and damage to other as provided in Article 1 I Such claims,: casts; lasses and EicDCUENER,yt,CONDmofas 1910-8(19�oEdtiai) '-s. wtCITYo1aoRTCOLLINS MODIFICATIONS (itefan000} 0 • damages will include but not be limited to all costs of repair - or replacement I , of work of others 'destroyed or. ,damaged by curredion. removal or replacement of CONTRACTOR's d0ecirve Work CONTRACTOR shall riot "-be- allow - 'e, � ion of the C6' ' CONTRACTOR ' - - `-( - allowed an extension ntract Ti n ies or K,filestopes)-4be6ause o . Chn'y Aelay in performance 'of the Work- attributable to the e.�ereiiie by.bWNTER of OWNERs rightsandremedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COIN-EPUTION' Sdzedyle of Malues 14.1. ]'he schedulc-of values,cstablished as pro,i&d in peragraphlYwill serve as the basis for progress payments and will be incorporated into a I-fornApplication ofr Applicaton for Payment acceptable to ENGINEER . I Prygre PaYni chts -on nbcadni'6f Umi Pi� Work will be based on the numlVr , of units , c 0 111picte'd., Application. for F)-ogreu Paj-niewt.- I cast nventy days before the datc,cstablishicd for rcss,paymenifl;m. fim' more Acti thari-.6-Ince -a ONTRACTOR shall iubmit'.io ENGINEER for Application for Payment filled out and signed by cove ring ver ing the Work completed as, of the the Application and accompanied by. 'such documentationas is required bytheContract & If navnicni 'is rcqudstcd on the basis of CHurIg In of payment and present.tnc Jfi6 anidunt,recoinniefided .of the last sentence of paragraph 14.7) when due,will 6e,paid by-.04VNER1 to 14:5. P.NGINFEWs recommendation of -any payniml requested in an Application for Payment will o6ristitiate a representation by FNGINEFR to 0.1AINFAI based on 17 .NGINEHR's o!n-'site *r)hs6reationsof the executed Work as an expenenced and qualified destgrtprofesstonal and on FNWNHVR's review of the, A plication for 0aymcni and the, accol!lpkm)lin-- data and schedules: thatto.the best of ENGINFEWs knoi'vIedge; informaiion and belief.. 14.5.1. the Work has progressed to the point indicated, 14;5.2. the iquality of the Work is generally m accordance with the Contract Documents (5uhic& to Contract tities and not incorporated,in the Work, but '14.5.3. the, conditions precedent, to ;tored it.:the site orat another CONTRACTOR's beingemitled to such paymeri .in&.ihe Appili6iion for Payment to have been' fulfilled insofar as it is I by bill of salejnvoicepr other ENTOINTEER'si-eiponsibility to observe the Work. lea? of all Licris:and' However, by recommending any such payment c� 2 pment are oovere&by ENGINEER will not thii6by be deem6d to have other; arrangements to that:, (i) exhaustive. or continuous on -site 611 of which wiFbe ;Spiroese have been MadeA6 check the quality orthe bnt of quanuty, of the Work beyond the respo6sibilitics CONTRACTORS 11'arruntr of Title.- 143. CONTRACTOR warrants and guarantees that title ..'"'d 6 ' .' t6;'all Wdrk "materials and equipment e9vere y an), Application . ion for Pldymem, whether incorporated in the PYqJect or not -will pass to ONNWER no later than the time of payment free and clear ofall Liens. ReWeiv of.4pplicationsforer6greg Payinent.- 14.4 , ENGrNTEER: will. within,ten,days after receipt of .each Applicaiion for Payment, either indicate in writing;a EJCDCQENULLCONDJtONS 1910-86990Ed6on) 'I a rY OFFORT COLLINS MODIFICA7*16NS (PUN 42000) 0 there ray not be ;othej CONTRACTOR to bee -paid additionally, by ,OWNER or cnti1.V01A.rNER to wiihhcld piiy;nen,i to CONTRACTOR. 14.6. ENGINEER?s, recommendation of any payment, irtcluding,final payment. shall not mean that ENGINEER is ie.,,qx)nsibI6 for CONTRACTOR's means, methods; sequences orprocedures of construction. or rind Rcgulations applicable 'to the 'furnishing -6i performance. of. 'Work-, or. for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.T ENGINFFR may I re-ftise to recommend the whole or any part of an), payment if, in ENGINEERs opir6on. it would, he incorrect 'to make the represents,tions to 29 OtkNER referred to in partgmph 14.5. ENGINEER niay' also reruseio recommend any such payrnenl, or; becauseor subsequently discovered evidence, or aie. results of subsequet"t nnspections"or tests, nullify any`such payment prei�iously. recommended, to such extent as may b'e: necessary in ENGINEER',; opinion to protect OWNER' from loss because: 14.1.1. the Work is defective, or completed Workhas been damaged requirih'- correction or replacement, 14:72. the 'Contract Rice his been reduced by WrittenAmendment'orChaige Order, 14.7.3. OWNER lies been required to. correct ikfeclme Work.or complete Work in'accgrdance with' panigraph 13:14 .or 14.7.4. ENGINEER has actual knowledge or the 'occurrence of ,any of the events enumerated in paragraphs 15.2.1 through I5.?.4 inclusive. OWNER may refuse to make payment of:the 'fbIl amount recommended by.F-.NGINEER because:. 14:7.5. claims have been made. against OWNER on account of CONTRAGrMs perfonnanca or furnishing of thclVork; 14.7.6. Edens have been filed in connection with the, Work, except where CONTRACTOR has delivereda specific' "bond satisfactory to OWNER to secure the; satisfaction and discharge of such Liens, 14J.7. ,there are other items entitling OWNER to a set- off agaimt the amount recommended, or .14.7.8. OWNTER has .actual knowledge of the" occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7:3 or paiagraphs 15.2.1 through 15.2.4'inclusive: but OWNER must give CONTACTOR immediate written notice, (with a "copy in ENGINFER) stating the reasons for such action and promptly pay CONTRACTOR the amciunt ski withheld,.or any adjustment thereto agieed to by OWNER and CONTRACTOR when. CONTRACTOR 'corrects to OX6W :R's satisfaction the reasons for such action. Substantial Corirpletioni 14.8" When CONTRACTOR considers the entire Work really for its. intended use CONTRACTOR, shall notify OWNTER and ENGINEER in writing that the entire \Volk is substantially complete (except for dertis" specifically listed by CONTRACTOR as"incomplete) and _iequesLthat. ENGrNTEER issue.a certificate of Substantial Completion. Within a reasonable time thereafler, OWNER - 'CONTRACTOR -and ENGINEER shall make an inspection of'the Work to determipe the -status of compleiion. If ENGINEER "dog not consider the Work, substantially complete. EiVGLNEER will notify CONTRACTOR in writing giving the" reasons therefor" If ENGINEER EJCDC UENMA1. CONDMOM 1910-i (199(1 Editiou 36 e1/CM OF FOMMLtINSMODa7CAi-IONS( V412000) consders,the Work substantially complete ENGINEER will prepare sinil deliver to OWNER a temauve oeA fi ate of Substantial Completion which shall fie the .date of Substantial Completion Thera shall be attached to the certificate a tentative 'list, of items. -to' be completed or corrected before final ppsyrient OWNER shall hai•e seven days after receipt -of the tentative certieieale during which to Blake Britten objection to ENGINEER as to any provisions of the certificate or attached Hsu If, after considers' t will iv a ticitmtive ccrtthcatc of 'Substantial a revised tentative list,of items to be -eted) mfleciing such changes from the and a written recommendation as to and warranties and guarantees Unless OWNER and CONTRACTOR'agrcc otherwise, in writing and so inform ENGINE".Eh in writing prior In ENGINFFR's issuing the definitive certificate of "Substantial Completion, ENGINEER'S aforesaid recommendation will be binding on OWNER andCONTRACK)R until final payment 14:9. OWNER shall have '.the right to 'exclude CONTRACTOR from the Work aflci the date of Substantial Completion but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10.1,OWNER at any time ,may request its, intended use and substi Nl'RAC'1'OR atuees that such part of;thc.Worh is substaniially'completc and ENGINEER to issue a certificate :of 'Sul Completion For that part of the • • • • • 0 14 10.2. No occupanev. or separate operation of part of the ;Work will'be accomplished prior to compliance' uitlttlielequirements of paragraph 5.1$ respectinof property iiriurancc. Mnal Inspection: 14.1 L Upon written notice from CON_ TRAC I'OR thauthe entire Work or ,.in agrcciI Izirtioti the is complete„ ENGINEER will make a final inspection with ;OWNER and.CONTRACTOR and will notify: CON'I'RAC'fOR it, writing of all particulars in which this inspection reveals. that the Work is incomplete, or *fective: d*rr jAC7;OR shall 'intmediately take such measures as are nee cssary'to, conipletesuch.work or. rem edy`such'deficicncics., Final, Application for Pa ivipent: 14.11 After CONTRACTOR ;has completed allsuch coirectionsto the'.satisfaction oCENGINE-IlR`and delivered. in aoeordarice with the Contract . Docttmuits all' maintenanceand operating uislructions, schedules guarantees Bonds, certificates; or -other evidence 'of' irasuranca reauired by oaraeraoh 5.4., certificates of all be accompanied '(except as prevaouUy y; (i) all documentation 'culled for in the Xuments, including; but not limited to the: insurance 'required by subptamg'rap}i S4.13,. of the surely, if any, to final peyrnent.. and and legally .effective releases or waivers: to Ol}TIER) craft Lieris arising out of or filed i wiith the Work. In lieu oC such ieleises or or a'Lien could be giccted_with the Work for which OWNER or OWNER'! pent' [night in ani way be responsible have -been paid.or erase satisfied_ If any Subcontractor ,or.Supplier fails. bcbi (;sNER�LcoND171oms i4i os(i§90 Edition) draft of'FoltTcoulNSMouuacnMNS(REV4000 ) to fuirush such a release or receipt ip full; CONTRACTOR. may, fur ish a bond or 'other collateral satisfactoryto,:OWNER to indemnify OWNER against any Lien. Releases or waivers of liens and theconsentof tfie•surely to'fmalize'rgy,menl ate to'be'submitted'on foriiis conformiheto the Format of the OWNER'S standard Corns bound it the Project manual. Fnal Payaneat andAcceptanee 14.14. If through no fault of CONTRACTOR final portion of the Work fully completed and accepted shall be submitted b}. CONTRACTORAo ENGIIMER wit}i'tKe Application for such payment. Such payment "it be made under'the .terms grid conditions :governing -final payment, except that it shall not constitute' a waiver of claims. 11 direr of Claims! 14.15'. The making ani acceptance offinal payment Kill consiilutei 14.15.1 a waiver of all claims hy,OWNER against, CONTRACTOR except claims arising from unsettled I:iens, from de ective Work appearing after I. 31 final jifispection pursuant to, paragriph,l411, front failure to comply with the Contract Docume'rts or the terms of any'special guarantees specified thereirt, or from CONTRACTOR'S continuing- obligations under the Contract Documents; and 1-4.152;A waiver :of all relaims by CONTRACTOR against O\\ NER other than those previously: made in writing and still unsettled. ARTICLE 15--SUSPEtN`SION OF ' WORK AND " 1'1XMINA'1'10N 01MVER'May'Suspend Work: 15.1. At any time and without cause, OWNER may suspend the _)Vork or any -portion thereof for a period of not more than ninety days by notice in writing to, C:OWRAC'OR slid ENGINEER which will fix the data nn`which Work will he resumid. .CONIRAG'I`OR'shal! resume.the Work on the date so. fixed. CONMACTOR shall be allowed,an adjustment in the Contract Price or an extension of the Contract Times, or both, directly atiiihutable to any such suspension if CONI'RAM'OR m?k-s an 'approved claim therefor as provided in Articles I l and 12. 0IVA119? May "Terminate: 15.2. Upon the oecurrcnca of any one or more of the following events: 15.2.1. if COI,rfRACTOR persistently tails to perform the Work in accordance with the Contract DocumciiLS (including, but not limited to, failure to supply,suffrcient skilled ,wprkers or suitable materials or,equipment or, failure to adhere to the progress schedule established tinder paragrtph2.9 as adjusted from time to tine pursuant to,paragraph 6.6)' 15.12. if CONTRACTOR disregards Laws' or Regulations of any public,body liaviiiglurisdicti6n 1523. if CONTRACTOR disregards the authority of L•`NGINGGR;.or - 11.2.4. if CONTRACTOR otherwise violates in any substantial ii-iy .any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the; surety, if any) seten days' wntlen notice kind to the extenl' permitted by Laws and Regulations; terminate the services of CONTRACTOR, ekclude CONTRACTORfrom the site and take. possession of the Work and of all CON1'RACTOR's tools, appliances, construction equipment andmachinen-at the site and use the slime to' the full cmeot they copld be used by CONTRACTOR ;(without liability to ;CONTRACTOR for trespass or conversion),, incorporate. in the Work all materials and .equipment -stored at the site or for which OWNER has paid VCDC OENMUL COtautitOM 1910E (1990E(fiGco) 32 wICITYOFFORT Coi.t.wsntotiIFJCATio;vs¢us ,In000) stored elsewhere, and eem exoedieri In such shall not.be entitled to or resunutg from compietmg uie worK sui raid to CONTRACTOR 'If such claims,, 'to OWNER., Such approved by' ENGINMFR rrc1rporated in A Cli mge.Order. provided, that when exercising any rights or remedies under iliis paragraph OIVNER shall not be required to ohiain the lowest prtce'for the Work perforated. 15.3. 'Where CONTRAC'OR's.services have been so temtiratted by OWNER. the termination will, not affect any, rights or remedies of OWNER against CONTTRACTOR theno csting or which may thereafter accrue: Any retention 'orpayment of moneys due CONTRACTOR by Oy?NER will not release CONTRAUJ'OR from liability. 15.4. Upon seven days written notice to CONTRACTOR and ENGINMiR, ' 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 dtiplication of any items): 15.4,1, for completed and acceptableWork executed in,sccordancc with the Cahtrect Documents prior to th'e 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 fitrrtishmg labor, materials or equipmeni as required by the Contract Documents :in connection with uncompleted W&k..plus fair and reasonable sums for overhead and profit on such expenses;' 15.43. for _ill claims; costs; losses and damages incurred in settlement of terminated contracts with Subcontractors; Suppliers and others;. and 15:4.4. forreasonable eNtenses directly attributable to tarritination. CONTRACTOR•shan noi'be,paid-on account oHoss of anticipated profits or revenue or other economic loss arising 'out of or resulting from such tatmination. COArMICTOR Aliq Stop"A'prk or Terminate: 15.5. K through no act or fault of CONTRACTOR, the \�rork is suspended for a period of than ninety days by O\}TTER or under 'art order of cotirtor other public authority, or hNG1ATF.FR fails to act on any Applicauon for Payment within thirty days alter it is submitted or OWNER fails for thirty days to pay CONTRACTOR any • • • 0 SECTION 00020 INVITATION TO BID • sum finally ,cletern fined to be due,. thch may, upon seven days" :written notice 0 to for Payment within thirty clays of 4ER"h6s failed_ for Thrty days'to OWNER and ENGINEER stop the, Work until payment of, all -such amounts due. CONTRACTOR, including=inierest- thereon. 'The provisions of'this paragraph 15.5 are not intended to preclude CO' NIRACTOR from making claim undar Articles' 1 I and 12 for an i6crease,in:ComrarctPrice oi:Contiact'1'imcs or o1hcrwtsc for.cxpcnses or damage directly attributable to CONTRACTOR's stoppmL Wort: "us permitted by thii paragraph, AR'1'li[A ? 16-1)ISPl17`E RMSOI>ili'ION: If and to the c%tcnt that OWNER and CONTRACTOR have agreod on the.ntcth-d mid procedure Ibi.resolving disputes bemveen them ' that may arise under this Agreement, such dispute resolution mcthod and procedure, if any, shall be.as set forth in Exhibu(rC-A, "Dispute Rcsolution Agrccment", to be adechcd hereto and madc,'a Bart. hereof. If, no sue agreement on the method and land'subject to"the provisions of paragralft 9.10, 9.11 or of ARTICLE 17—.N.MCELLANEOUS Citing Notice 17.1. Whenever any provision of the Contract Documentsrequires, the giving of written notice; it will be deemed to,have been i,alidly given-if,delivered in person to the individual or io a member of the firm, of town 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 toihe;givei of the notice. 17.2. Conrpuration of Time 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to eud6de`the first and :mclude theInt day '61'such period. If the last, day of any such period falls on'a Saturday or Sunday or on a day made a Icgal holiday by the law of the applicable jurisdiction, such day.will he omitted from the "computation. Eimi, dENER4 cotNa-m s m" (v* Edtim) w/ CITY ot--'FORT COLLINS MO-DWICA770NS (REV 4I20OO) c 0:2.2'. A calendar clay of twenty-four hours measured from midnight to the next midnight will constitute a flay . Notice of Claim 17.3' Should OWNER or CONTRACTOR suffer injury or damage to person or property beause of any error; to or ct tot h Professional Fegvand Court Costs'/ncluded 175. Whenever reference is made to "claims; costs; losses and dantagcs", it shall iricittdc in each case, but not be.li rated to, all fees and chaiges of engineers, architects, attomeys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado ap.pjyLo Agreement. Reference Io nvoiperlineni Colorado Unluies are as follows 1762 if a claim is filed. 61tlNER is required by law:(CRS`38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to unsure the payment of all claims•.. for labor. materials, tram hire_ sustenance. proiislpns, provender, or other supplies used or coawmed by 'CONTRACTOR or his 33 • w EXDCOENERAL CONDITIOM 1910 S (1990 Editiul) 34 iv(LTiY OF PORT COLLINS mom:icKnONSOREV42000) n u (This page Icft blank intentionally.) • EJCDC GEp`EM CONVITIONS 1910S (1990 E(ttion) WI MY OF.FORT COLLI NS MODIFICATIONS OtEV 420001 C� 35 EJCDCUENExALCONDITIOMI910-8(i990UAW) 36 w/C'I Y OF FORTCOLLINS MODLFICATIONS ftV42000) 0 • C I • EXBUff GC;A to General Conditions of the Construction Contract Betvi�Len OWNER and CONTRACTOR DISPUTE RESOLUTION AGREMENT OWNTER arid, CONTRACTOR hereby agree thiii Article 16 of the'General Conditions of the Con5tiruction Contract between (jkVlqFR and CONTR,GMR is amended to include the fc)116ivirg, agreement of the parties;' 16.1: All clain is; disputes, and other matters in question between CAVNEP and ,CO I NITRAGf OR arising out of or relating to. ibc'Contract. Docunilents.1or the breach making or acceptance of finial payment r paragraph 14.15) will be decided by, necordance with' the Construction Indus Rules of the American Arbitration 'As obtaining. subject to the'limitation's of the P , agreement 's , o to arbitrate and ahy P'ther consent to arbitr"ite entered into in accardai provided in this AAcle] , 6 rill he sfi, Wi r, C F under ihc prevailing 6w of any court havirig 0 163. Notice of the demand for arbitration,will be filed in wn'ting with the other parly t , 6 the Agreement and 'With the Amciican Arbi.iraiian Assm�mtion, anal a copy will cases within a reasonable time i-elr matter in question has arise or other matter in question would be barred by applicable stitute, of limitations, EJCDC GENIfR�L CONDITIONS 191 O-S (1 1 990 Edfiori) %V/ C& OF FORT COLLINS MODIFICATIONS IRFV19199) 0 iii('4 Except ptas provided in paragr6ph 16.5. below, no on arising out -,of :or relining,to the Contract Documents shall include by consolidatiun, Joinder or in any other manner any other person or entity: (includingFNGINEER_'E1vTGINEER!s Consultant and the, officers; directors, agent's,ieniploy'eesor 6ofistiltrints of viny" iCtNm) who is not a party'to,this V6'ntnict unless' i 6:4. 1. the , inclusion of such, other person or entity is necessary, if complete, reli6f is to be iiff6rded-ambrij tho"S`e_Wh6,'afe already varties 6'the arbitration grid 16.4,2. such other p6rson or entity is substanti,ally involved in a question of law or lact.which is common to those who are already`parties to the'arbitratimt and which will nisd inku`h prpceeding%. and 16.4 3. the, written consent of the other, f5cirscin :or entity sought to be included and of OWNER and WNTRACTOR has, heen,obtained forsuch inclusion, which consent -shall make specific I ifibreference' to'this pnxagraph; hut, na`�such consentfsKall bon I ghtu t 1, e.consent _t6 adliraii I on _. of any dispute 'not specifidally.'desciiiied in such consent or to arbitnition- with ahy,rxtity ry not specifically idcritified in such consent. ,16. - 6: The award rendered by the arbitrators will, be final, judgment may be entered upon it'in any court linitig jurisdiction tbeieoC tind' it will 'not _6e subject to raodificati toi;o"r. appeal. I&T OWNER and CONTRACTOR agree that they shall first submit any and all unsettled clahs, coimterclaims_ disputes and 'other matters, in question between' 'the' - iii arising out of or relating to the Contract Documents or the bierich thereof ("dispute?), to mediation by the American Arbitrition Assn ration underthe Construction :ln(lust6,'Mediation 'Rules of the Axnedean Aibitration."Assobintion prior to either of them initiatifik arbitnitim as providedin paragraphs shii'll'be suspended with iesiicct� to a - iam suspended until ten ediation. The mediator in under this'Agrecincht dispute unless othierx6se QC -Al E1COC GENERAL. CONDITIONS1910-8 (1990 E41im) W CITY OF FORT COLIANS MODIFICATIONS (REV 9194) GC -AI 0 • 0 • 0 SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 0 5.4.6 The Comprehensive Automobile Liability Insurance policy will have • limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). 0 • SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment 11 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Turnberry Road Landscape & Irrigation Project CONTRACTOR: Walsh Construction Inc. PROJECT NUMBER: 7501 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 .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: go DATE: 0 SECTION 00020 INVITATION TO BID Date: April 4, 2013 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 April 26, 2013, for the Turnberry Road Landscape & Irrigation Project; BID NO. 7501. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 7501. The Work includes the installation of irrigation, landscape plantings, concrete block walls, mulch, and sod along Turnberry Road south of Richard's Lake road to 600 feet south of Country Club Road. Work includes installing 2 irrigation systems, trees, shrubs, perennials, sod, rock mulch, and concrete block walls. The work is on both sides of Turnberry Road. The east side work is confined to the parkway and the 3 feet behind the sidewalk between Richard's Lake Road and Country Club Road. The west side work is confined to the area between the frontage road and Turnberry Road from Richard's Lake Road to 600 feet south of Country Club Road. Traffic control will be provided by the City of Fort Collins. 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. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 AM, on April 12, 2013, in Conference Room 2A at 215 N Mason Street, Fort Collins. A walk-through of the jobsite will follow. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at: • City of Fort Collins BuySpeed: https://www.fcgov.com/eprocurement Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. • � \ �0 0 . \ \ \ § i i e w j - »2dd» We=zu §Asa§ =z43= zoo z f(m/b2 . E <J0LU L mot @±3 ƒJ 0-< fl- < 7 0 cc § . -0 \ co7 _ : 0 � Jco / 2 § 2 - f ) 0 z ( q� 2 ° ® 0- § / 3 y 0%k / y 2 x ka)} < ± a / ��L \ }\ \ �\ \ ; / ®)\�cm y 2§ )-0 § /° z f§ )) \\\j) [ jk / \ a) )\ 20§\ƒ § 'QA 22 » es= . 0 2 \ \) /) \//\) 7 0\ _ ƒ 0 } < . $\ a)2 .. q 0 .. 2) .. 2 .. 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O <<On-OL Q �Z) LU w� O H U) c 0 CL L U N N C) L Vl U Q O D O C Z E N Z 10 0 0 0 PROJECT AND STANDARD SPECIAL PROVISIONS TURNBERRY ROAD LANDSCAPE AND IRRIGATION PROJECT Bid No. 7501 Prepared for: City of Fort Collins Engineering Department 281 North College Avenue Fort Collins, CO 80522-0580 (970)221-6605 u April 4, 2013 0 PROJECT SPECIAL PROVISIONS 0 CITY OF FORT COLINS, COLORADO TURNBERRY ROAD LANDSCAPE AND IRRIGATION PROJECT PROJECT SPECIAL PROVISIONS The General Conditions of the Construction Contract and the Colorado. Department of Transportation's (CDOT) 2005 Standard Specifications for Road and Bridge Construction control construction of this project. Where there are conflicts between the two, the General Conditions shall control. The following Special Provisions supplement or modify the CDOT Standard Specifications and take precedence over the Standard Specifications and plans. When specifications or special provisions contain both English and metric (SI) units, the English units apply and are the specification requirement. Item Page Index Pages 1-2 Commencement and Completion of Work 3-4 Revision of Section 100 - General Provisions 4 Revision of Section 101 -Definitions of Terms 4 Revision of Section 102 - Project Plans and Other Data 4-5 • Revision of Section 104 - Scope of Work 5-8 Revision of Section 105 - Control of Work 8-14 Revision of Section 106 - Control of Material 14-18 Revision of Section 107 - Environmental Controls 18-20 Revision of Section 107 — Legal Relations and Responsibility To Public 20 Revision of Section 108 - Prosecution and Progress 20-24 PROJECT SPECIAL PROVISIONS Item Page Revision of Section 207 — Topsoil (Special) Amended Onsite for Parkway 24-26 Revision of Section 212 — Tree Protection 26-31 Revision of Section 214 — Plantings 31-44 Revision of Section 623 - Irrigation 44-59 Traffic Control 59-61 Utilities 61-63 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract on or before the 14th day following the date of award, unless such time for beginning the work is changed by the Chief Engineer in the 2 "Notice to Proceed." The Contractor shall reach Substantial Completion within one hundred and ten calendar days in accordance with the "Notice to Proceed." Stockpiling of materials before the beginning date is subject to the Engineer's approval. If such approval is given, stockpiled material will be paid for in accordance with Sections 109 and 626. Salient features to be shown on the Contractor's progress schedule are: Mobilization Removals Irrigation Installation Planting Materials Installation Sod Installation Landscape Wall Installation Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The progress schedule shall consist of a Critical Path Method (CPM) schedule prepared using the Microsoft Project software and submitted in hard and electronic formats. The contractor shall be responsible for planning, scheduling, coordinating, and reporting the . progress of the work to be completed by City of Fort Collins Forces. The City of Fort Collins Forces shall be considered as subcontractor for the purposes of scheduling the work. The City will comment on the contractors initial schedule submittal for coordination of the completion of their work items. Substantial Completion is defined by: • Landcape planting materials and sod installed. • Irrigation systems installed and operating correctly. • Landscape walls installed. • City and contractor will walk-thru and develop a final acceptance punchlist once substantial completion is achieved. Final Completion is defined by: • Site cleanup, plant material replacements, and punch list work completed. Off-peak hour lane closures (9:30 AM to 11:30 AM and 1:30 PM to 3:30 PM) will be permitted for minor work required to reach final completion. • Project record documents shall be turned over to the owner and all processing of change orders is completed. • The work must be ready for final payment and acceptance. • 3 Substantial Completion will be completed by June 28, 2013. Failure to meet the substantial completion date will result in liquidated damages assigned to the Contractor of $600 per calendar day. Final completion will be within 14 calendar days of substantial completion date. Failure to meet the final completion date will result in liquidated damages assigned to the Contractor of $300 per calendar day. REVISION OF SECTION 100 GENERAL PROVISIONS Section 100 of the Standard Specifications is hereby revised for this project as follows: Subsections 102 and 103 of the Standard Specifications are hereby deleted. See Contract Documents for additional information. REVISION OF SECTION 101 DEFINITIONS OF TERMS Technical Specifications related to construction materials and methods for the work embraced under this Contract shall consist of the "Colorado Department of Transportation, State of Colorado, Standard Specifications for Road and Bridge Construction" dated 2011. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted . to have different meanings within the scope of this Contract. A summary of redefinitions follows: Where reference is made in the plans and specifications to Owner, Department, Chief Engineer, Resident Engineer, Project Engineer, Engineer, and Inspection and Testing Agency it is understood to mean the City of Fort Collins, Colorado or the City's representative. Where reference is made in the plans and specifications to Surveyor and Traffic Control Supervisor it is understood to mean provided by the City of Fort Collins with City of Fort Collins crews, but acting as a subcontractor to the project. The sections shown on the following pages are revisions to the Technical Specifications for this project. REVISION OF SECTION 102 PROJECT PLANS AND OTHER DATA Section 102 of the Standard Specifications is hereby revised for this project as follows: Subsection 102.05 shall include the following: A copy of the bid may be obtained as follows: is 0 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement 2. Come by Purchasing at 215 North Mason St. 2nd floor, Fort Collins, and request a copy of the Bid Upon receiving Concurrence to Award from Colorado Department of Transportation, the low responsive, responsible bidder may obtain from the City of Fort Collins at no cost; 10 sets of plans and special provisions REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.02 shall include: Site Conditions A. General: 1. The Contractor acknowledges that he has satisfied himself as to the nature and location of the work, the general and local conditions, particularly those bearing upon access to the site; handling, storage, and disposal of materials; availability of water, electricity and roads; uncertainties of weather, river stages, or similar physical conditions at the site; the conformation and conditions of the ground; the equipment and facilities needed preliminary to and during the execution of the work; and all other matters which can in any way affect the work or the cost thereof under this Contract. 2. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials to be encountered from his inspection of the site and from reviewing any available records of exploratory work furnished by the Owner or included in these Documents. Failure by the Contractor to acquaint himself with the physical conditions of the site and all the available information will not relieve him from responsibility for properly estimating the difficulty or cost of successfully performing the work. 3. The Contractor warrants that as a result of his examination and investigation of all the aforesaid data that he can perform the work in a good and workmanlike manner and to the satisfaction of the Owner. The Owner assumes no responsibility for any representations made by any of its officers or agents during or prior to the execution of this Contract, unless (1) such representations are expressly stated in the Contract and (2) the Contract expressly provides that the responsibility therefore is assumed by the Owner. B. Information on Site Conditions: 0 N Any information obtained by the Engineer regarding site conditions, subsurface information, groundwater elevations, existing construction of site facilities, and similar data will be available for inspection, as applicable, at the office of the Engineer upon request. Such information is offered as supplementary information only. Neither the Engineer nor the Owner assumes any responsibility for the completeness or interpretation of such supplementary information. Differing Subsurface Conditions: a. In the event that the subsurface or latent physical conditions are found materially different from those indicated in these Documents, and differing materially from those ordinarily encountered and generally recognized as inherent in the character of work covered in these Contract Documents, the Contractor shall promptly, and before such conditions are disturbed, notify the Engineer in writing of such changed conditions. b. The Engineer will investigate such conditions promptly and following this investigation, the Contractor shall proceed with the work, unless otherwise instructed by the Engineer. If the Engineer finds that such conditions do so materially differ and cause an increase or decrease in the cost of or in the time required for performing the work, the Engineer will recommend to the Owner the amount of adjustment in cost and time he considers reasonable. The Owner will make the final decision on all Change Orders to the Contract regarding any adjustment in cost or time for completion. 2. Underground Utilities: Known utilities and structures adjacent to or encountered in the • work are shown on the Drawings. The locations shown are taken from existing records and the best information available from existing utility plans and potholing. However, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed by either the Owner or the Engineer for their accuracy or completeness. C. Execution: 1. Where the Contractor's operations could cause damage or inconvenience to railway, telegraph, telephone, television, oil, gas, electricity, water, sewer, or irrigation systems, and the operations shall be suspended until all arrangements necessary for the protection of these utilities and services have been made by the Contractor. 2. Notify all utility offices which are affected by the construction operation at least 48 hours in advance. Under no circumstances expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities. 3. The Contractor shall protect all utility poles from damage. If interfering power poles, telephone poles, guy wires, or anchors are encountered, notify the Engineer and the appropriate utility company at least 48 hours in advance of construction operations to permit the necessary • arrangements for protection or relocation of the interfering structure. 31 • No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. City of Fort Collins John D. Stephen, CPPO, LEED AP Interim Purchasing & Risk Management Director 0 CJ 4. The Contractor shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under this Contract. 5. Neither the Owner nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the work. 6. If the Contractor, while performing the Contract, discovers utility facilities not identified in the Drawings or Specifications, he shall immediately notify the Owner, utility, and the Engineer in writing. 7. In the event of interruption to domestic water, sewer,.storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in the restoration of service as promptly as possible and bear all costs of repair. 8. The Contractor shall replace, at his own expense, any and all other existing utilities or structures removed or damaged during construction, unless otherwise provided for in these Contract Documents or ordered by the Engineer. 9. Interfering Structures - The Contractor shall take necessary precautions to prevent damage to existing structures whether on the surface, aboveground, or underground. An attempt has been made to show major structures on the Drawings. The completeness and accuracy cannot be guaranteed, and it is presented simply as a guide to avoid known possible difficulties. 10. Field Relocation - During the progress of construction, it is expected that minor relocations of the work will be necessary. Such relocations shall be made only by direction of the Engineer. If existing structures are encountered that prevent the construction, and that are not properly shown on the Drawings, notify the Engineer before continuing with the construction in order that the Engineer may make such field revision as necessary to avoid conflict with the existing structures. If the Contractor shall fail to so notify the Engineer when an existing structure is encountered, and shall proceed with the construction despite the interference, he shall do so at his own risk. D. Easements: Where portions of the work are located on public or private property, easements and permits will be obtained by the Owner. Easements will provide for the use of the property for construction purposes to the extent indicated on the easements. Copies of these easements and permits are available upon request to the Owner. It shall be the Contractor's responsibility to determine the adequacy of the easement obtained in every case and to abide by all requirements and provisions of the easement. The Contractor shall confine his construction operations to within the easement limits or make special arrangements with the property owners or appropriate public agency for the additional area required. Any damage to property, either inside or outside the limits of the easements provided by the Owner, shall be the responsibility of the Contractor as specified herein. The Contractor shall remove, protect, and replace all fences 7 or other items encountered on public or private property. Before final payment will be authorized by the Engineer, the Contractor will be required to furnish the Owner with written releases from property owners or public agencies where side agreements or special easements have been made by the Contractor or where the Contractor's operations, for any reason, have not been kept within the construction right-of-way obtained by the Owner. E. Land Monuments: The Contractor shall notify the Engineer of any existing Federal, State, Town, County, and private land monuments encountered. Private monuments shall be preserved, or replaced by a licensed surveyor at the Contractor's expense. When Government monuments are encountered, the Contractor shall notify the Engineer at least two (2) weeks in advance of the proposed construction in order that the Engineer will have ample opportunity to notify the proper authority and reference these monuments for later replacement. Subsection 104.05 shall include: Contractors Use of Premises The Contractor may use the Owner's property designated within the construction limits shown on the Plans for equipment and materials as long as he confines his operations to those permitted by local laws, ordinance and permits and meet the following requirements: 1. Do not unreasonably encumber site with materials or equipment. 2. Assume full responsibility for protection and safekeeping of products stored on premise. 3. Move any stored products which interfere with operations of the Owner. 4. Obtain and pay for use of additional storage or work areas needed for operations. Limits of Construction The Contractor must maintain all of his construction activities within the Owner's property and/or construction easements and limits of the project, or other stated areas, unless permits and/or written permission are obtained by the Contractor, from appropriate authorities or private property owners, outside of these areas. Contractor to fence all easements and work areas. The temporary permits must be secured and paid for by the Contractor at no extra cost to the Owner. Any temporary permits secured must be in writing and a copy of same provided to the Engineer. Security The Contractor shall at all times be responsible for the security of his facilities and equipment. The Owner will not take responsibility for missing or damaged equipment, tools, or personal belongings of the Contractor. REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised for this project as follows: 8 0 Subsection 105.02 shall be replaced with: Submittals A. Requirements: I . Where required by the Specifications, the Contractor shall submit descriptive information that will enable the Engineer to determine whether the Contractor's proposed materials, equipment, methods of work are in general conformance to the design concept and in accordance with the Drawings and Specifications. The information submitted may consist of drawings, specifications, descriptive data, certificates, samples, test results, product data, and such other information, all as specifically required in the Specifications. In some instances, specified submittal information describes some, but not all features of the material, equipment, or method of work. 2. The Contractor shall be responsible for the accuracy and completeness of the information contained in each submittal and shall assure that the material, equipment, or method of work shall be as described in the submittal. The Contractor shall verify that all features of all products conform to the requirements of the Drawings and Specifications. The Contractor shall ensure that there is no conflict with other submittals and notify the Engineer in each case where its submittal may affect the work of another Contractor or the Owner. The Contractor shall ensure coordination of submittals among the related crafts and subcontractors. 3. Submittals will be reviewed for overall design intent and returned to Contractor with action to be indicated by the Engineer. It shall be the Contractor's responsibility to assure that previously accepted documents are destroyed when they are superseded by a resubmittal as such. 4. It shall be the Contractor's responsibility to ensure that required items are corrected and resubmitted. Any work done before approval shall be at the Contractor's own risk. B. Submittal Procedure: 1. Unless a different number is called for in the individual sections, four (4) copies of each submittal and sample are required, two (2) of which will be retained by the Engineer. The Contractor shall receive two (2) copies in return. Faxed submittals will not be accepted. 2. Submittals that are related to or affect each other shall be forwarded simultaneously as a package to facilitate coordinated review. Uncoordinated submittals will be rejected. 3. If the items or system proposed are acceptable but the major part of the individual drawings or documents are incomplete or require revision, the submittal will be returned with requirements for completion. 4. The right is reserved for the Engineer to require submittals in addition to those called for in individual sections. E 5. Submittals regarding material and equipment shall be submitted directly to the Engineer and will be accompanied by a transmittal form. A separate form shall be used for each specific item, class of material, equipment, and items specified in separate discrete sections for which the submittal is required. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole. 6. A unique number, sequentially assigned, shall be noted on the transmittal form accompanying each item submitted. Original submittal numbers shall have the following format: "XXX-Y;" where "XXX" is the originally assigned submittal number and "Y" is a sequential letter assigned for resubmittals (i.e., A, B, or C being the first, second and third resubmittals, respectively). Submittal 2513, for example, is the second resubmittal of Submittal 25. 7. If the Contractor proposes to provide material, equipment, or method of work that deviates from the Contract Documents, it shall indicate so under "deviations" on the transmittal form accompanying the submittal copies. 8. Submittals that do not have all the information required to be submitted, including deviations, are not acceptable and will be returned without review. C. Review Procedure: 1. Submittals are specified for those features and characteristics of materials, equipment, and methods of operation that can be selected based on the Contractor's judgment of their conformance to the requirements of the Drawing and Specifications. Other features and characteristics are specified in a manner that enables the Contractor to determine acceptable options without submittals. The review procedure is based on the Contractor's guarantee that all features and characteristics not requiring submittals conform to the Drawings and Specifications. Review shall not extend to means, methods, techniques, sequences, or procedures of construction or to verifying quantities, dimensions, weights or gages, or fabrication processes (except where specifically indicated or required by the Specifications) of separate items, and as such, will not indicate approval of the assembly in which the item functions. 2. Unless otherwise specified, within twenty-one (21) calendar days after receipt of the submittal, the Engineer will review the submittal and return copies. The returned submittal will indicate one of the following actions: a. If the review indicates that the material, equipment, or work method complies with the Specifications, submittal copies will be marked "NO EXCEPTIONS TAKEN". In this event, the Contractor may begin to implement the work method or incorporate the material or equipment covered by the submittal. b. If the review indicates limited corrections are required, copies will be marked "REVIEWED, COMMENTS AS NOTED". The Contractor may begin implementing the work method or incorporating the material and equipment covered by the submittal in accordance with the noted corrections. 10 Where submittal information will be incorporated in Operation and Maintenance data, a corrected copy shall be provided. C. If the review indicates that the submittal is insufficient or contains incorrect data, copies will be marked "REVISE AND RESUBMIT". Except at its own risk, the Contractor shall not undertake work covered by this submittal until it has been revised, resubmitted and returned marked either "NO EXCEPTIONS TAKEN" or "REVIEWED, COMMENTS AS NOTED". d. If the review indicates that the material, equipment, or work method do not comply with the Specifications, copies of the submittal will be marked "REJECTED". Submittals with deviations that have not been identified clearly may be rejected. Except at its own risk, the Contractor shall not undertake the work covered by such submittals until a new submittal is made and returned marked either "NO EXCEPTIONS TAKEN" or "REVIEWED, COMMENTS AS NOTED". D. Drawing: 1. The term `'shop drawings" includes drawings, diagrams, layouts, schematic, descriptive literature, illustrations schedules performance and test data, and similar materials furnished by Contractor to explain in detail specific portions of the work required by the Contract. 2. Contractor shall coordinate all such drawings, and review them for legibility, accuracy, • completeness and compliance with contract requirements and shall indicate this approval thereon as evidence of such coordination and review. Shop drawing submitted to the Engineer without evidence of Contractor's approval will be returned for resubmission. 0 3. Shop drawing shall be clearly identified with the name and project number of this contract, and references to applicable specification paragraphs and contract drawings. When catalog pages are submitted, applicable items shall be clearly identified. 4. Contractor shall stamp his approval on shop drawings prior to submission to the Engineer as indication of his checking and verification of dimensions and coordination with interrelated items. Stamp shall read: "(Contractor's Name) represents that we have determined and verified all field dimensions and measurements, field construction criteria, materials, catalog numbers and similar data, and that we have checked with the requirements of the Specifications and Drawings, the Contract Documents, and General Conditions". Marks on drawings by Contractor shall not be in red. Any marks by Contractor shall be duplicated on all copies submitted. 5. If shop drawings show variations from contract requirements, Contractor shall describe such variations in writing, separate from the drawings, at time of submission. All such variations 11 must be approved by the Engineer. If Engineer approves any such variations, he shall issue an appropriate contract modification, except that, if the variation is minor and does not involve a change in price or in time of performance, a modification need not be issued. 6. Should the Contractor propose any item on his shop drawings or incorporate an item into the work, and that item should subsequently prove to be defective or otherwise unsatisfactory, (regardless of the Engineer's preliminary review), the Contractor shall, at his own expense, replace the item with another item that will perform satisfactorily. E. Certificates: For those items called for in individual sections, furnish six (6) certificates of compliance from manufacturers or suppliers certifying that materials or equipment being furnished under the Contract comply with the requirements of these Specifications. F. Samples: Samples shall be sufficient in size to clearly illustrate functional characteristics and full range of color, texture, and pattern. G. Effect of Review of Contractor's Submittals: Review of drawings, data, methods of work, or information regarding materials or . equipment the Contractor proposes to provide, shall not relieve the contractor of its responsibility for errors therein and shall not be regarded as an assumption of risks or liability by the Engineer or the Owner, or by any officer or employee thereof, and the Contractor shall have no claim under the Contract on account of the failure or partial failure, of the method of work, material, or equipment so reviewed. A mark of "NO EXCEPTIONS TAKEN" or "REVIEWED, COMMENTS AS NOTED'' shall mean that the Owner has no objection to the Contractor upon its own responsibility, using the plan or method of work proposed, or providing the materials or equipment proposed. Subsection 105.08 shall be revised as follows: Delete the second paragraph and replace with the following: In case of discrepancy the order of precedence is as follows: (a) General Conditions of the Construction Contract (b) Special Provisions 1. Project Special Specifications 2. Standard Special Provisions (c) Plans Detailed Plans 12 • 2. Standard Plans Calculated dimensions will govern over scaled dimensions. (d) Supplemental Specifications (e) Standard Specifications Subsection 105.09 shall include: Coordination with Property Owners and Tenants The City of Fort Collins is committed to maintaining a positive working relationship with the businesses and residents in the project area. Every effort will be made to maintain pedestrian and bicycle flow and to accommodate special events and holidays for businesses, pedestrians, parking, and vehicle traffic. The Contractor shall be responsible to coordinate all work activities with private property owners and tenants along the project corridor. Access shall be maintained at all times. The Contractor shall be responsible for communicating accurate scheduling information to the project team to assure proper notification of businesses and residents. In particular, any proposed disruption or closure to an existing access must be communicated to the property Owners and tenants with as much notice as possible. The minimum notice that will be allowed for any proposed access change is 48 hours. The Contractor shall ensure that adequate alternate access is in place for vehicles and pedestrians and any property -specific access needs are addressed prior to any change in existing access. The Contractor shall coordinate his method of maintaining these accesses with the City of Fort Collins Traffic Operations Department. Coordination with Traffic Engineer and Traffic Control Supervisor The Contractor shall coordinate with the Owner's Traffic Engineer for all traffic control activities. Requests for initial Setup of the major project phases (road closures) must be made 3 weeks prior to projected set up. Allow up to 10 days for advanced warning signs. Requests for flaggers must be made and updated at the weekly progress meetings for the following week. Requests for minor traffic control set ups (lane drops, etc.) must be made 72 hours in advance of set up. Increased Traffic Control costs caused by delays assessed to the contractor will be the responsibility of the Contractor. Subsection 105.12 shall include: Surveying Coordination A. Surveying is not anticipated on this project. Plantings, landscape wall and irrigation system layout can be performed by scaling information from the plans. Should basic surveying be needed, the Owner will provide construction surveying thru the City's Survey Dept. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 40 72 hours prior to needing surveying. 13 C. If the requested surveying cannot be accomplished in the time frame requested by the • Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of restaking construction stakes and for the cost of re-establishing a destroyed monument. F. The Contractor shall be responsible for transferring the information from the construction staked to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106 of the Standard Specifications is hereby revised for this project as follows: • Subsection 106.01 shall include: Substitutions and Product Options A. Description: _ This section describes the procedure required by the Contractor for product substitutions. 2. Requests for Substitution: a. Base all bids on materials, equipment and procedures specified. b. Certain types of equipment and kinds of material are described in specifications by means of trade names and catalog numbers, and/or manufacturer's names. Where this occurs, it is not intended to exclude from consideration such types of equipment and kinds of material bearing other trade names, catalog numbers and/or manufacturer's names, capable of accomplishing purpose of types of equipment or kinds of material specifically indicated. C. Other types of equipment and kinds of material may be acceptable to the Owner and Engineer. n LJ 14 • d. Types of equipment, kinds of material and methods of construction, if not specifically indicated must be approved in writing by Engineer and the Owner. 0 3. Submission of Requests for Substitution: a. After Notice to Proceed, the Owner / Engineer will consider written requests for substitutions of products, materials, systems or other items. b. The Engineer reserves the right to require substitute items to comply color and pattern - wise with base specified items, if necessary to secure "design intent". C. Submit six (6) copies of request for substitution. Include in request: 1) Complete data substantiating compliance of proposed substitute with Contract Documents. 2) For products: Product identification, including manufacturer's name. ii. Manufacturer's literature, marked to indicate specific model, type, size, and options to be considered: Product description; performance and test data; reference standards; difference in power demand; dimensional differences for specified unit. iii. Name and address of similar projects on which product were used date of installation and field performance data. 3) For construction methods: Detailed description of proposed method. ii. Drawings illustrating methods. 4) Itemized comparison of proposed substitution with product or method specified. 5) Data relating to changes in construction schedule. 6) Relation to separate contracts. 7) Accurate cost data on proposed substitution in comparison with product or method specified. d. In making request for substitution, or in using an approved substitute item, Supplier / Manufacturer represents: 15 1) He has personally investigated proposed product or method, and has determined that it is equal or superior in all respects to that specified and that it will perform function for which it is is intended. 2) He will provide same guarantee for substitute item as for product or method specified. 3) He will coordinate installation of accepted substitution into work, to include building modifications if necessary, making such changes as may be required for work to be complete in all aspects. 4) He waives all claims for additional costs related to substitution which subsequently become apparent. 4. Substitutions: Request sufficiently in advance to avoid delay in construction. 5. Contractor's Option: a. For products specified only by reference standards, select any product meeting standards by any manufacturer indicate selected type in submission. b. For products specified by naming several products or manufacturers, select any product and manufacturer named, indicate selected type in submission. C. For products specified by naming one or more products, but indicating option of selecting equivalent products by stating "or equivalent" after specified product, Contractor must submit request, as required for substitution, for any product not specifically named. 6. Rejection of Substitution or Optional Item: Substitutions and/or options will not be considered if they are indicated or implied on shop drawings, or project data submittals, without formal request submitted in accordance with this section. Subsection 106.03 shall include: Materials Testing A. Provide such equipment and facilities as are required for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment found to be acceptable. Any product which becomes unfit for use after approval thereof shall not be incorporated into the work. B. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM), and the American Association of Highway and Transportation Officials (AASHTO). 16 SECTION 00100 • INSTRUCTIONS TO BIDDERS • • C. Where additional or specific information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. D. Owners Responsibilities 1. The Owner shall be responsible for and shall pay all costs in connection with the following testing: a. Soils compaction tests. b. Trench backfill. C. Pipe and structural bedding. d. Tests not called for by the Specifications of materials delivered to the site. e. Concrete tests. f Pavement tests E. Contractors Responsibilities 1. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: a. Concrete materials and mix designs. b. Design of asphalt mixtures. C. All performance and field-testing specifically called for by the Specifications. d. All retesting for work or materials found defective or unsatisfactory, including tests covered above. F. Transmittal of Test Reports Written reports of tests and engineering data furnished by Contractor for Engineer's review of materials and equipment proposed to be used in the work shall be submitted as specified for Shop Drawings. 17 The testing laboratory retained by the Owner or Engineer will furnish three (3) copies of a • written report of each test performed by laboratory personnel in the field or laboratory. Two (2) copies of each test report will be transmitted to the Engineer and one (1) copy to the Contractor within seven (7) days after each test is completed. Section 107.18 is hereby revised to read: For this project all insurance certificates shall name the Colorado Department of Transportation as an additionally insured party. REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS Section 107 of the Standard Specifications is hereby modified to include the following: Environmental Controls 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. A. Dust Control Application: 1. The Contractor shall execute work by methods to minimize raising dust from construction operations. 2. 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. 3. 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. B. 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. C. Housekeeping: Keep project neat, orderly, and in a safe condition at all times. Store and use equipment, tools, and materials in a manner that does not present a hazard. Immediately remove all rubbish. Do not allow rubbish to accumulate. Provide on -site containers for collection of rubbish and dispose of it at frequent intervals during progress of work. 18 ® D. Disposal l . 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., to be borne by the Contractor. 2. Disposal of Garbage and Other Construction Materials: Provide sanitary containers/dumpsters and haul away contents such that no overflow exists. 3. 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. 4. The Contractor is to immediately inform Engineer of any hazardous materials encountered during construction. Dispose of waste materials legally at private or public facilities. E. Burning: No burning of debris will be permitted. ® F. Water Control: A portion of the project work is located within a natural drainage course and is subject to periodic flooding due to rainfall and snowmelt, flows for adjacent developed areas and storm water pipes and ground water flows from saturated soils or other ground water sources. The Contractor is responsible for managing water within the construction site and protecting property. G. Noise Control: 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. 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. H. Erosion and Sediment Control: It shall be the responsibility of the Contractor to prepare and obtain an approved Erosion and Sediment Control Plan from the Owner. I. Permits: l . All work must be performed in accordance with all applicable regulatory permits. 2. The project is currently under Connell Resources SWMP. Affected portions of the SWMP will need to be transferred to the Contractor for landscape work between Richard's Lake Road and Country Club Road, and landscape work southwest of Country Club Road. It shall be the responsibility of the Owner to prepare a Stormwater Management Plan (SWMP), and 19 facilitate the partial transfer of the SWMP thru the Colorado Department of Public Health and Environment for review and approval. The SWMP shall be transferred to the Contractor's possession prior to beginning the Work. The Contractor shall also provide inspection reports as required by the SWMP to the Owner upon completion of each inspection. 3. The Contractor shall be responsible for obtaining all other necessary permits associated with the Work. REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.25 shall include the following: This work consists of the proper treatment and disposal of ground water collected from dewatering operations during excavation activities. Dewatering is not anticipated on this project. The Contractor shall obtain a construction dewatering permit from the Colorado Department of Public Health and Environment (CDPHE). A completed application must be submitted to CDPHE at least 30 days prior to dewatering operations. Dewatering operations shall be conducted in a manner that avoids pollution and erosion. Water from dewatering operations shall not be directly discharged into any state waters including wetlands, irrigation ditches, canals, or storm sewers, unless allowed by a permit. Discharge into sanitary sewers will not be allowed unless written permission is obtained from the owner or controlling authority and a copy of this approval is submitted to the Engineer. Unless prohibited by law or otherwise specified in the Contract, the water from dewatering operations shall be contained in basins for dissipation by infiltration or evaporation, shall be hauled away from the project for disposal in accordance with applicable laws and regulations, or shall be land applied to approved non -wetland vegetated areas. Depending upon the quality of the water, land application of water to vegetated areas may require a written concurrence or permit from CDPHE and from the owner of the facility. Based on guidelines and criteria from CDPHE, the Contractor shall determine the quality of the water, obtain applicable concurrences or permits, and furnish copies of the concurrences or permits obtained to the Engineer. REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.03 shall include the following: 0 20 0 Project Meetings A. Pre -Construction Conference: A Pre -Construction Conference will be held after Notice of Award and before the Notice to Proceed, the date, time and location will be determined after Notice of Award. The conference shall be attended by: 1. Contractor and Contractor's Superintendent 2. Contractor's Subcontractors (including the city provided Traffic Control Supervisor) 3. Owner 4. Others as requested by the Contractor, Owner, or Engineer. Unless previously submitted to the Owner, the Contractor shall bring to the conference a tentative schedule of the construction project, include in the schedule shop drawings and other submittals. Any submittals requiring long lead times and therefore must be expedited shall be submitted at the pre -construction conference, or as soon thereafter as possible. The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The agenda will include: 1. Contractor's tentative Schedule 2. Permit applications and submittals, including Dewatering Permit, Erosion and Sediment Control Plan, and Traffic Control Plan 3. Transmittal, review and distribution of Contractor's submittals 4. Processing applications for payment 5. Maintaining record documents 6. Critical work sequencing 7. Field decision and change orders 8. Use of premises, office and storage areas, staging area, security, housekeeping, and Owner's needs 9. Contractor's assignment of safety and first aid B. Construction Progress Meetings for the Turnberry Landscape Project: Progress meetings will be conducted weekly or at some other frequency, if approved by the Engineer. These meetings shall be attended by the Owner, the Contractor's representative and any others invited by these people. The Engineer will conduct the meeting and the Engineer will arrange for keeping the minutes and distributing the minutes to all persons in attendance. The agenda of these project meetings will include construction progress, the status of submittal reviews, and 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. 21 The Contractor will prepare a "two week look ahead" schedule to facilitate coordination of work items. Modifications toTimeof Completion in the Approved Schedule 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 specified in the Notice to Proceed. 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. 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. • 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 MAY 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 impact 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 accepted) 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 22 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 Engineer in writing of any disagreement as to whether or not work can proceed on a given date, within 2 calendar days of that date. The Owner will use the above written notification in determining the number of calendar days for which work was delayed during each month. At the end of each month, if the number of work 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, and then the method of conversion of workdays to calendar days would take this into consideration. The contract time period will then be increased by the number of calendar days calculated above and a new contract completion day and date will be set. 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 justification for an extension of time. Liquidated damages will be assessed as delineated elsewhere. 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 written notice of such delay to the Owner or Engineer. 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. 3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1 and 2, above. • Subsection 108.04 shall include the following: 23 Work Hours: Work hours are 7 AM to 6 PM, Monday through Friday. Extended hours and weekend work are anticipated and will be permitted with written approval from the Project Manager. Night time work shall be permitted with written approval from Project Manager. Work shall be permitted on holidays with written approval from the Project Manager. Work requests beyond working hours must be submitted to the Project Manager a minimum of (5) working days prior to the request date. Night and weekend work will be allowed with 5 days prior notice to the Project Manager. All costs associated with nighttime work will be incidental to the work. Demolition work will not be permitted before 7 AM or after 6 PM. REVISION OF SECTION 207 TOPSOIL (SPECIAL) - AMENDED ONSITE FOR MEDIAN AND PARKWAY AREAS Section 207 of the standard specifications is hereby revised for this project as follows: Subsection 207.01 shall be revised to include the following: The Contractor will have the option to either purchase amended topsoil that meets the following requirements or mix the existing material on -site to meet the requirements. If mixed on site, this work shall consist of using the onsite stockpiled topsoil and mixing with the required imported soil amending material to produce the standard 75/25 topsoil mix material. This material shall be placed in the designated landscape medians and parkway areas indicated on the plans. Subsection 207.02 shall include the following: Topsoil for this project shall consist of loose friable loam amended with organic enhancements. A. Amended Topsoil Onsite shall have the following characteristics: Shall have a range of three to four percent organic matter as -determined by the ignition of moisture free sample dried to determine loss in accordance with current methods of the Association of Official Agriculture Chemists. Shall have a pH between 6.5 to 8.0. Sodium Absorption Rate (SAR) and Electrical Conductivity (EC) readings are not to exceed three mmhos/cm. Particle Sizes: Topsoil shall be loam to sandy loam. Must be weed free at the time of spreading operations. This can be achieved by following subsection 217.03 B. Soil Amendment: • 24 Onsite amended topsoil - Material brought to the site for amendment process shall meet the amendments at the following rate: 3 cubic yards per 1,000 square feet of organic amendment The organic amendment shall include the following: An organic product containing a mixture of composted cow or sheep manure and wood residue that has been aerobically and naturally processed in such a manner as to maintain a consistent temperature of 60 degrees Celsius (140 degrees Fahrenheit) or greater for a period of time that is long enough to accomplish the following specifications: 1. The windrows of composted organic amendment (cow or sheep manure) have to be composted for 70 to 90 days. Certification must be provided to prove the product has gone through this process. 2. Eradicate harmful pathogens, including coliform bacteria. 3. Create a carbon to nitrogen ratio of no less than 15/1 to 25/1 4. Contain no solid particle greater than %2 inch in diameter. 5. Have a non -offensive smell similar to fresh turned soil. 6. Contain no significant level of dirt or soil and contain a maximum of 30 percent composted wood residue (pine or aspen wood). The ph after composting shall be between 5.0 and 7.5 with an organic matter content of no less than 30 percent. The contractor shall submit a 2 lb. Sample of the product four weeks before its use on the project site revision for the Engineer's approval. A Certificate of Compliance shall be provided to the Engineer to verify the organic matter content, pH and carbon matter to nitrogen ratio. The Contractor shall submit two samples of topsoil to a soils laboratory for analysis. The cost of the test shall be at the Contractor's expense. The results will be submitted to the Engineer for review at least 60 days prior to placement. Based on the results, the Engineer can request soil amendments appropriate to have topsoil conform to these specifications at no cost to the project. The organic amendment shall be an organic product containing a mixture of composted cow or sheep manure and wood residue that has been aerobically and naturally processed in such a manner as to maintain a consistent temperature of 140 degrees. Fahrenheit or greater for a period of time of 70 to 90 days, and be approved by the Engineer. Subsection 207.03 shall include the following: All areas planted with shrubs behind the curb (parkway area) shall have the top 8 inches of soil tilled. Upon completion of tilling, the Contractor shall disk soil so as to break up all dirt clods to a size of two inches or smaller. Topsoil placement shall occur immediately after disking is complete. All areas shall be seeded or temporarily stabilized within seven calendar days after topsoil placement is completed. 25 Spread topsoil over all areas to be planted with shrubs, to a depth of three inches. Begin • placement after all rough grading, tilling, and disking operations are complete. Ten days before notice to proceed, Contractor shall submit a weed mitigation plan t the Engineer for approval. This plan shall include a graphic time line showing milestone and completion dates of herbicide treatment, topsoil stockpiling, topsoil spreading and all seeding and planting times. Delete Subsection 207.04 and replace with the following: Topsoil salvaged from the roadway placed in stockpile shall paid by the cubic yard per plan quantity as Topsoil (strip, stockpile, haul excess). Topsoil special shall be measured in place by measuring random depths of topsoil, and computing the volume by multiplying the area times the average depth. Topsoil special includes the amended material secured from a source outside the right-of-way, mixing the stockpiled topsoil material with the amended material to meet the requirements for an approved 75/25 mix, and placing in the designated areas. Subsection 207.05 shall include the following: Payment will be made under: Pay Item Topsoil (Special) - Amended Onsite (6") Pay Unit • Cubic Yard Tilling and disking operations will not be paid for separately, but shall be included in the work. Organic amendment will not be paid for separately but shall also be included in the work. REVISION OF SECTION 212 TREE RETENTION AND PROTECTION Section 212 of the Standard Specifications is hereby revised for this project as follows: Subsection 212.01 shall include the following: Tree Retention and protection includes general protection and pruning of existing trees and plants that are affected by execution of the Work, whether temporary or permanent construction. The following definitions apply: 1) Caliper: Diameter of a trunk measured by a diameter tape or the average of the smallest and largest diameters at 6 inches above the ground for trees up to, and including, 4-inch size; and 12 inches above the ground for trees larger than 4-inch size. 2) Plant -Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or other vegetation to be protected during construction, and indicated on Drawings. • 0 SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and ® 3) Tree -Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction, and defined by a circle concentric with each tree with a radius 1.5 times the diameter of the drip line unless otherwise indicated. 4) Vegetation: Trees, shrubs, groundcovers, grass, and other -plants. Subsection 212.02 shall include the following: (d) Protection -Zone Fencing: Fencing fixed in position and meeting the following requirements. Previously used materials may be used when approved by Engineer. Protection - Zone fencing will be considered incidental to the "Tree Retention and Protection" line item and will not be paid for separately. 1. Plastic Protection -Zone Fencing: Plastic construction fencing constructed of high -density extruded and stretched polyethylene fabric with 2-inch maximum opening in pattern and weighing a minimum of 0.4 lb/ft.; remaining flexible from minus 60 to plus 200 deg F; inert to most chemicals and acids; minimum tensile yield strength of 2000 psi and ultimate tensile strength of 2680 psi; secured with plastic bands or galvanized -steel or stainless -steel wire ties; and supported by tubular or T-shape galvanized -steel posts spaced not more than 8 feet apart. a. Height: 5 feet b. Color: High -visibility orange, nonfading. Add Subsection 212.061 immediately following Subsection 212.06 212.061 Tree Retention and Protection A. SUBMITTALS 1) Samples for Verification: For each type of the following: a. Protection -Zone Fencing: Assembled Samples of manufacturer's standard size made from full-size components. 2) Existing Conditions: Documentation of existing trees and plantings indicated to remain, which establishes preconstruction conditions that might be misconstrued as damage caused by construction activities. a. Use sufficiently detailed photographs or videotape. b. Include plans and notations to indicate specific wounds and damage conditions of each tree or other plants designated to remain. B. QUALITY ASSURANCE 1) Preinstallation Conference: Conduct conference at Project site. a. Review methods and procedures related to temporary tree and plant protection including, but not limited to, the following: 1. Construction schedule. Verify availability of materials, personnel, and equipment needed to make progress and avoid delays. • 2. Enforcing requirements for protection zones. 27 3. Field quality control. • C. PROJECT CONDITIONS 1. The following practices are prohibited within protection zones: a. Storage of construction materials, debris, or excavated material. b. Parking vehicles or equipment. C. Foot traffic. d. Erection of sheds or structures. e. Impoundment of water. f. Excavation or other digging unless otherwise indicated. g. Attachment of signs to or wrapping materials around trees or plants unless otherwise indicated. 2. Do not direct vehicle or equipment exhaust toward protection zones. 3. _ Prohibit heat sources, flames, ignition sources, and smoking within or near protection zones and organic mulch. D. PREPARATION Locate and clearly identify trees, shrubs, and other vegetation to remain or to be relocated. Tie a 1-inch blue -vinyl tape around each tree trunk at 54 inches above the ground. Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing, placing, or storing construction materials. Protect root systems from ponding, eroding, • or excessive wetting caused by dewatering operations. Within the drip line of any protected existing tree, there shall be no cut or fill over a four -inch depth unless a qualified arborist or forester has evaluated and approved the disturbance. Prior and during construction, barriers shall be erected around all protected existing trees with such barriers to be of orange fencing a minimum of (5) feet in height, secured with metal T- Posts, no closer than six (6) feet from the trunk or at the drip line, whichever is greater. There shall be no storage or movement of equipment, material, debris or fill within the fenced tree protection zone. Modification of protective fence locations to accommodate construction shall be approved by the City Forester prior to moving or erecting a protective fence. Where the drip line of trees touch or overlap, place fence around groups of trees. During construction there shall be no cleaning of equipment or materials or the storage and disposal of waste material such as paints, oils, solvents, asphalt, concrete, motor oil or any other material harmful to the life of a tree within the drip line of any protected tree or group of trees. No damaging attachments, wires, signs or permits may be fastened to any protected tree. The installation of utilities, irrigation lines or any underground fixture requiring excavation • deeper than six (6) inches shall be accomplished by boring under the root system of protected 28 • existing trees at a minimum depth of twenty-four (24) inches. The auger distance is established from the face of the tree (outer bark) and is scaled from the tree diameter at breast height as described in the tree protection chart of the Fort Collins Land use Code Section 3.2.L Construction shall be performed in a manner to not damage any existing tree. Clearance pruning of any tree on site shall only be by a Fort Collins Licensed Arborist under the direction of the City Forester. Equipment access/drives shall be positioned to minimize travel over the root system of any existing tree. Equipment drive locations over the root system of any significant tree shall be approved by the City Forester with requirements to protect the compaction of exposed soil. Prior to construction the contractor shall meet the City Forester on site to verify protected existing trees and the application of tree protection specifications. The Contractor shall wrap protected trees with concrete blankets or equivalent treatment whenever directed by the owner's representative. E. TREE- AND PLANT -PROTECTION ZONES Protection -Zone Fencing: Install protection -zone fencing along edges of protection zones before materials or equipment are brought on the site and construction operations begin in a manner that will prevent people from easily entering protected. Construct fencing so as not to obstruct safe passage or visibility at vehicle intersections where fencing is located adjacent to pedestrian walkways or in close proximity to street intersections, drives, or other vehicular circulation. Maintain protection zones free of weeds and trash. Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Architect. Maintain protection -zone fencing and signage in good condition as acceptable to Architect and remove when construction operations are complete and equipment has been removed from the site. 1) Do not remove protection -zone fencing, even temporarily, to allow deliveries or equipment access through the protection zone. F. EXCAVATION General: Excavate at edge of protection zones and for trenches indicated within protection zones according to requirements in Section 200 Earth Work. Trenching near Trees: Where utility trenches are required within protection zones, hand excavate under or around tree roots or tunnel under the roots by drilling, auger boring, or pipe jacking. Do not cut main lateral tree roots or taproots; cut only smaller roots that interfere with installation of utilities. Cut roots as required for root pruning. 29 Redirect roots in backfill areas where possible. If encountering large, main lateral roots, expose roots beyond excavation limits as required to bend and redirect them without breaking. If encountered immediately adjacent to location of new construction and redirection is not practical, cut roots approximately 3 inches back from new construction and as required for root pruning. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth cover or pack with peat moss and wrap with burlap. Water and maintain in a moist condition. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil. G. ROOT PRUNING Prune roots that are affected by temporary and permanent construction. Pruning roots 2" in diameter or greater must be reviewed by City Forester prior to pruning. Prune roots as shown on Drawings and as follows: 1. Cut roots manually by digging a trench and cutting exposed roots with sharp pruning instruments; do not break, tear, chop, or slant the cuts. Do not use a backhoe or other equipment that rips, tears, or pulls roots. 2. Temporarily support and protect roots from damage until they are permanently redirected and covered with soil. 3. Cover exposed roots with burlap and water regularly. 4. Backfill as soon as possible according to requirements in Section 200 Earth Work. • Root Pruning at Edge of Protection Zone: Prune roots 12 inches outside of the protection zone, by cleanly cutting all roots impacted to the depth of the required excavation. H. CROWN PRUNING Prune all existing trees retained on City property by cleaning and thinning the canopy. Prune branches that are affected by temporary and permanent construction. Prune branches as shown on the Drawings and as follows: 1. Pruning Standards: Prune trees according to the City of Fort Collins Tree Management Standards I. REGRADING Lowering Grade: Where new finish grade is indicated below existing grade around trees, slope grade beyond the protection zone. Maintain existing grades within the protection zone. Raising Grade: Where new finish grade is indicated above existing grade around trees, slope grade beyond the protection zone. Maintain existing grades within the protection zone. J. REPAIR AND REPLACEMENT • 30 Am General: Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Architect/Owner's Rep. 1. Submit details of proposed root cutting and tree and shrub repairs. 2. Treat damaged trunks, limbs, and roots according to an ISA certified arborist's written instructions. 3. Perform repairs within 24 hours. 4. Replace vegetation that cannot be repaired and restored to full -growth status, as determined by Landscape Architect/Owner's Rep. Protected trees thai are damaged during construction will be appraised by a qualified arborist, and the amount of damage appraised will be billed to the Contractor. Trees: Remove and replace trees indicated to remain that are more than 25 percent dead or in an unhealthy condition before the end of the corrections period or are damaged during construction operations that Landscape Architect/Owner's Rep determines are incapable of restoring to normal growth pattern. 1. Provide new trees of same size and species as those being replaced for each tree that measures 6 inches or smaller in caliper size. K. DISPOSAL OF SURPLUS AND WASTE MATERIALS • Disposal: Remove excess excavated material, displaced trees, trash and debris, and legally dispose of them off Owner's property. Subsection 212.07 shall include the following: Tree retention and protection will not be measured, but will be paid for on a lump sum basis. The lump sum price bid will be full compensation for all work required to complete the item, including installation and maintenance of protection -zone fencing. Subsection 212.08 shall include the following: Payment will be incidental to the project. REVISION OF SECTION 214 PLANTINGS 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. 31 1.2 SUMMARY a 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11 12 1. Section Includes Trees. Shrubs. Ornamental Grass. Perennials. Tree stabilization (tree staking). Organic mulch. In -organic (Rock) mulch. Weed barrier. Planting Mix — topsoil/organic amendment/onsite soils. Landscape headers (steel edging). Warranty. Maintenance. B. Related Sections 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. 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 0 • • 32 • 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. Sub -grade: Surface or elevation of subsoil remaining after completing excavation, or top surface of a fill or backfill, before placing planting soil. H. 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. Minimum 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. 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. 33 D. Planting Schedule: Indicating anticipated planting dates for exterior plants. E. • Warranty: Sample of warranty. 1.6 QUALITY ASSURANCE 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. 1.7 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. B. Handle planting stock by root ball. • 34 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 PRODUCT 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. • 1.9INSPECTIONS 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 section to 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 on the project site. Rejected materials must be removed from the site, replaced and reinspected 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 nonlocal sources may be submitted to the Owner's Representative for preliminary inspection. This preliminary inspection is subject to final 35 approval of plants at the job site. The Owner's Representative reserves the right to reject plant . material at any stage of construction or warranty period. 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. 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 3. 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. 36 (9) any other circumstances which will affect the bidder's performance of the contract. 0 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the • amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed ib. Structural failures including plantings falling or blowing over. a.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. Planting materials covered under warranty will be replaced in Spring 2014 and Spring 2015. • 1.11 MAINTENANCE SERVICE A. Maintenance Service for Plant Material: 1. Provide full maintenance by skilled employees of landscape Installer from initial installation for two full growing seasons on the west side parkways (City owned parkways). Maintenance will include mowing, trimming, weeding, mulch replacement and irrigating, including winterization and spring startup. This will be paid as "Landscape Maintenance" under CDOT section 214.04 and 214.05 Installation contractor will held to the provisions described in 1.10 Warranty above. PART 2—PRODUCTS 2.1 TREE AND SHRUB MATERIAL A. General: Furnish nursery -grown trees and shrubs complying with ANSI Z60.1, with healthy root systems developed by transplanting or root pruning. Provide well -shaped, fully branched, healthy, vigorous stock free of disease, insects, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, and disfigurement. B. Provide trees and shrubs of sizes, grades, and ball or container sizes complying with • ANSI Z60.1 for types and form of trees and shrubs required. Trees and shrubs of a larger size 37 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 2.2 STREET AND ORNAMENTAL 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. 2.3 DECIDUOUS SHRUBS A. Form and Size: Shrubs with not less than the minimum number of canes required by and • measured according to ANSI Z60j for type, shape, and height of shrub. Provide container -grown shrubs. 2.4 ORNAMENTAL GRASSES A. Provide healthy, disease -free plants of species and variety shown or listed, with well - established root systems reaching to sides of the container to maintain a firm ball, but not with excessive root growth encircling the container. Provide only plants that are acclimated to outdoor conditions before delivery. B. Plants: Provide healthy, field -grown plants from a commercial nursery, of species and variety shown or listed, complying with requirements in ANSI Z60.1. Size of plants/containers as specified on the Plant List located on the Drawings. 2.5 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. W 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): 1. Organic Amendment shall be Class 1, meeting the specifications and guidelines established by the Rocky Mountain Organics Council. C. Planting Pit Backfill Soil Mix: Two (2) parts on -site soil, one (1) part imported topsoil / organic soil amendment. 2.6 MULCHES A. Organic Mulch: Free from deleterious materials and suitable as a top dressing of trees and shrubs, consisting of the following: Ground or shredded — no weed barrier required. a. Organic mulch material to be provided by the City of Fort Collins Forestry Division, located at Parks Maintenance Shop, 413 S. Bryan Avenue (near the City Park Golf Course), Fort Collins, 80521. Contact the City Forester (Tim Buchanan) at 970.221.6361, to schedule material pickup. City will load the material into the Contractors vehicle for transport to the site. Contractor's itemized pricing to include Contractor pickup at the above address, hauling material to the site and installation only. B. In -organic (Rock) Mulch: Hard, durable stone, washed free of loam, sand, clay, and other foreign substances, of following type, size range, and color (weed barrier required): 1. Rounded river rock. 2. Size Range Mix: 70% - 3/4" (minimum) to 1-1/2", and 30% - 3" (minimum) to 6" 3. Color: Tan -beige color range. (No pinks, blacks, reds or whites). 2.7 WEED CONTROL BARRIERS A. Mirafi 140, Typar 3341, or Polyspun 300 or approved equivalent. 2.8 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. 2.9 LANDSCAPE HEADERS 39 A. Steel Edger: 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. 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%). 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. 0 3.2 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities, and lawns and existing exterior plants from damage caused by planting operations. B. Provide erosion -control measures to prevent erosion or displacement of soils and discharge of soil -bearing water runoff or airborne dust to adjacent properties and walkways. C. Lay out exterior plants at locations directed by Owner's Representative. Stake locations of individual trees and shrubs and outline areas for multiple plantings. D. Trunk Wrapping: Inspect tree trunks for injury, improper pruning, and insect infestation; take corrective measures required before wrapping. Wrap all deciduous single trunk trees with 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 • .m 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. 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. Excavate approximately two (2) times as wide as ball diameter for balled and burlapped stock. B. Sub -soil removed from excavations may be used as backfill. C. Obstructions: Notify Owner's Representative if unexpected rock or obstructions detrimental to trees or shrubs are encountered in excavations. D. Drainage: Notify Owner's Representative if subsoil conditions evidence unexpected water seepage or retention in tree or shrub pits. 1. Fill excavations with water and allow to percolate away before positioning trees and shrubs. 3.5 TREE AND SHRUB PLANTING A. Before planting, verify that root flare is visible at top of root ball according to ANSI Z60.1. B. Set balled and burlapped stock plumb and in center of pit or trench with top of root ball two inches (2") adjacent finish grades. 1. Remove burlap from tops of root balls and partially from sides, but do not remove from under root balls. Remove upper half of wire basket. Remove pallets, if any, before setting. Do not use planting stock if root ball is cracked or broken before or during planting operation. 2. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate voids and air pockets. When pit is approximately one-half backfilled, water thoroughly before 41 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 2012. 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 PLANTING A. Remove only dead, dying, or broken branches. Do not prune for shape. 3.7 PLANTING PLAN 0 A. Planting Beds Staking - Prior to planting, stake, flag, or paint proposed beds scaling off the plans to determine bed configuration and size. Contact the Owner's Representative for review of extent and configuration. B. Prepare soil as per Section 3.3 under Planting Bed Establishment. C. Layout all planting pots prior to planting. Space plants equally within beds to ensure a uniform appearance. Remove all pots prior to planting including peat pots. D. Plant all plant material so that the plants are flush with finish grade (top of mulch) when complete. This will require slightly mounding each plant. Lightly compact soil around base of plant to ensure adequate root/ soil contact. Do not vigorously compact. E. Re-establish fine grade by hand raking or smoothing grade by hand prior to placing mulch. F. Apply specified mulch taking care not to damage plants. Clear excess mulch from plant foliage. 3.8 HEADER INSTALLATION 9 42 • 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. 3.9 PLANTING BED MULCHING A. Install weed -control barriers before in -organic (rock) mulching (not required in organic mulch areas) according to Manufacturer's written instructions. Completely cover area to be mulched (or as described on the Drawings) overlapping edges a minimum of twelve inches (12"). Material and Seam Treatment: Non -woven fabric with seams pinned. B. Mulch backfilled surfaces of planting beds and other areas indicated. Provide mulch ring around trees in lawn areas. 1. Organic Mulch: Apply three-inch (3") average thickness of organic mulch, and finish level with adjacent finish grades. Do not place mulch against plant stems. Install organic mulch in all ornamental grass areas or as indicated on the Drawings. Landscape fabric is not required in organic mulch areas. Organic mulch will be provided by the City of Fort Collins and can be picked up at the City's stockpile at 1923 S. Timberline Road. 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. In -organic 12" River Rock Mulch: Apply 18" depth. Do not place against plant stems (there are several small trees that need to be protected in these mulch areas). Landscape fabric is required in all in -organic mulch areas. 4. 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. Section 214 of the Standard Specifications is hereby revised for this project as follows: In subsection 214.01, include the following: 9 43 In addition to the sod, the landscaping along the Maple Hill frontage adjacent to Turnberry Road • shall include the following: Street Trees (Skyline Honeylocust, 2" Cal.) 16 EA Street Trees (Kentucky Coffee Tree, 2" Cal.) 23 EA Street Trees (Bur Oak, 2" Cal.) 4 EA Street Trees (Greenspire Linden, 2" Cal.) 10 EA Street Trees (Western Catalpa, 2" Cal.) 6 EA The Palmore Ash and Patmore Ash originally shown on the landscape plans for Maple Hill have been substituted with Skyline Honeylocust and Kentucky Coffee Tree. All remaining trees, shrubs, perennials, and ornamental grasses will be located on the west side of Turnberry Road between Country Club Road and Richards Lake Road. Please reference the project bid tab, planset, and other sections of the project specifications for additional information on the landscaping quantities and how they are paid. REVISIONS TO SECTION 623 IRRIGATION SECTION 02810 - IRRIGATION PART 1 - GENERAL • 1.1 SCOPE The scope of the irrigation installation is to install two distinctly different irrigation systems. • The first system is a designed system that will be owned by the City of Fort Collins for the parkway on the west side of Turnberry Road south of Richard's Lake Road. This system will be installed as shown on the plans. The irrigation connection points (POCs) are installed, but everything behind the valve is to be installed through this contract including backflow preventer (623-03 line item), controller, wiring, valves, mainline pipe, lateral pipe, sprinkler heads, bubblers, and drip systems. • The second system is for the east parkways between Country Club Road and Richard's Lake Road. This system does not have a detailed design. The system needs to provide turf irrigation to the parkways, which will also irrigate the trees in the parkway. It also needs to provide a row of sprinkler heads behind the sidewalk to irrigate the turf in the HOA common area. This system will connect to an existing Maple Hill HOA owned irrigation system. The new system will require new valves and valve boxes (anticipate 8 boxes and valves), lateral lines, and sprinkler heads. This system will not require new wiring, controller, or backflow preventer. Close coordination with the HOA landscape contractor will be required to verify the system is installed to meet the HOA's needs. 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 — previously completed by others. No additional sleeving is anticipated. 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. 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 45 modifications to the installation detail. 0 E. Project Record Drawings: Submit project record (as -built) drawings to Owner prior to commencement of maintenance period (refer to specification section 3.11 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 may be subjected to a pressure test at anytime after partial completion of backfill. Pipelines jointed with solvent -welded PVC joints shall be allowed to cure at least 24 hours before testing. C. Subsections of mainline pipe may be tested independently, subject to the review of the Owners' Representative. D. Furnish clean, clear water, pumps, labor, fittings, and equipment necessary to conduct tests or retests. E. Hydrostatic Pressure Test: 1) Subject mainline pipe to a hydrostatic pressure 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: 9 1) Activate each remote control valve in sequence from controller. The Owners' M • herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal' items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal' item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement'. The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the • Agreement as provided in the General Conditions. 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 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 days of notification from the Owners' Representative. 1) The west irrigation system will be turned on in Spring 2015 by contractor for City of Fort Collins Parks Dept. hand -over. 2) The east irrigation system will be turned on in Spring 2014 for Maple Hill HOA hand - over. 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. 0 PART 2 - MATERIALS 47 2.1 QUALITY 0 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) I t20, 1220 National Sanitation Foundation (NSF) approved pipe, extruded from material meeting the requirements of Cell Classification 12454-A or 12454-B, ASTM Standard D1784, with an integral belled end. 2) Use Class 200, SDR-21, rated at 200 PSI, conforming to the dimensions and tolerances established by ASTM Standard D2241. Use PVC pipe rated at higher pressures than Class 200 in the case of small nominal diameters which are not manufactured in Class 200. 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, Typed, PVC solvent weld fittings conforming to ASTM Standards D2466 and D1784. Use primer approved by the pipe manufacturer. Solvent cement to conform to ASTM Standard D2564. B. Lateral Pipe and Fittings: 1) Use rigid, unplasticized polyvinyl chloride (PVC) 1120, 1220 National Sanitation Foundation (NSF) approved pipe, extruded from material meeting the requirements of Cell Classification 12454-A or 12454-B, ASTM Standard D1784, with an integral belled end suitable for solvent welding. 2) Use Class 200, SDR-21, rated at 200 PSI, conforming to the dimensions and tolerances . established by ASTM Standard D2241. Use PVC pipe rated at higher pressures than Class 200 in the case of small nominal diameters which are not manufactured in Class W. 200. Use UV radiation resistant Schedule 80, Type 1, PVC solvent weld fittings conforming to ASTM Standards D2466 and D1784 for PVC pipe. 3) Use primer approved by the pipe manufacturer. Solvent cement to conform to ASTM Standard D2564, of a type approved by the pipe manufacturer. 4) For drip irrigation laterals downstream of control valves, use UV radiation resistant Polyethylene pipe manufactured from Prime Union Carbide G-resin 7510 Natural 7 manufactured by Union Carbide or a Union Carbide Licensee with a minimum of 2% carbon black, and minimum nominal pipe ID dimension of 0.810" for 3/4 inch pipe. of 0.613" for''/z-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. ® 2) Use a dielectric union wherever a copper -based metal (copper, brass, bronze) is joined to an iron -based metal (iron, galvanized steel, stainless steel). 3) Assemblies calling for pre -fabricated double swing joints shall utilize LASCO Unitized swing joints or approved equal. Swing joints shall be rated at 315 psi, and use O-ring and street elbow construction. 4) Low Density Polyethylene Hose: a. Use pipe specifically intended for use as a flexible swingjoint. Inside diameter: 0.490+0.010 inch. Wall thickness: 0.100+0.010 inch. Color: Black. b. Use spiral barb fittings supplied by the same manufacturer as the hose. 5) Assemblies calling for threaded pipe connections shall utilize PVC Schedule 80 nipples and PVC Schedule 40 or 80 threaded fittings. 6) Joint sealant: Use only Teflon -type tape pipe joint sealant on plastic threads. Use nonhardening, nontoxic pipe joint sealant formulated for use on water -carrying pipes on metal threaded connections. 2.5 MAINLINE COMPONENTS M A. Main System Shutoff Valve: As per local practice and in compliance with local code. . B. Winterization Assembly: As per local practice and in compliance with local code. C. Backflow Prevention Assembly: As presented in the installation details. D. Master Valve Assembly: As presented in the installation details. E. 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. F. Quick Coupling Valve Assembly: Double swing joint arrangement as presented in the installation details. G. Manual Drain Valve Assembly: As presented in installation details. 2.6 SPRINKLER AND BUBBLER IRRIGATION COMPONENTS A. Remote Control Valve (RCV) 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-1 Opc series. 2) Install emitter types and quantities on the following schedule: a. Ground cover plant: 1 single outlet emitter each or l 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 I 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 50 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 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." 51 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 are to be brought to the attention of the Owner prior to installation of the replacement controller. 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. Utility Locates ("Call Before You Dig"): 1) Arrange for and coordinate with local authorities the location of all underground utilities. 2) Repair any underground utilities damaged during construction. Make repairs at no additional cost to the contract price. C. Irrigation System Layout Review: Irrigation system layout review will occur after the staking has been completed. Notify the Owners' Representative two days in advance of review. Modifications will be identified by the Owners' Representative at this review. 3.2 LAYOUT OF WORK A. Stake out the irrigation system. Items staked include: sprinklers, pipe, control valves, controllers, and isolation valves. B. Install all mainline pipe and mainline components inside of project property lines. 3.3 EXCAVATION, TRENCHING, AND BACKFILLING • 52 A. Excavate to permit the pipes to be laid at the intended elevations and to permit work space for installing connections and fittings. B. Minimum cover (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. is 1. Where utilities conflict with irrigation trenching and pipe work, contact the Owners' Representative for trench depth adjustments. 53 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 to continue assembly. B. Mainline Pipe and Fittings: 1) Use only strap -type friction wrenches for threaded plastic pipe. 2) PVC Solvent Weld Pipe: a. Use primer and solvent cement. Join pipe in a manner recommended by the manufacturer and in accordance with accepted industry practices. b. Cure for 30 minutes before handling and 24 hours before allowing water in pipe. c. Snake pipe from side to side within the trench. 3) Fittings: The use of cross type fittings is not permitted. C. Lateral Pipe and Fittings: 1) Use only strap -type friction wrenches for threaded plastic pipe. 2) PVC Solvent Weld Pipe: a. Use primer and solvent cement. Join pipe in the manner recommended by the manufacturer and in accordance with accepted industry practices. b. Cure for 30 minutes before handling and 24 hours before allowing water in the pipe. c. Snake pipe from side to side within the trench. . 54 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 pennitted. D. Specialized Pipe and Fittings: 1) Copper Pipe: a. Buff surfaces to be joined to a bright finish. Coat with solder flux. b. Solder so that a continuous bead shows around the joint circumference. 2) Insert a dielectric union wherever a copper -based metal (copper, brass, bronze) and an iron -based metal (iron, galvanized steel, stainless steel) are joined. 3) Pre -fabricated double swing joints: Install per manufacturer's recommendations. 4) Low Density Polyethylene Hose: Install per manufacturer's recommendations. • 5) PVC Threaded Connections: a. Use only factory -formed threads. Field -cut threads are not permitted. b. Use only Teflon -type tape. c. When connection is plastic -to -metal, the plastic component shall have male threads and the metal component shall have female threads. 6) Make metal -to -metal, threaded connections with Teflon -type tape or pipe joint compound applied to the male threads only. 3.6 INSTALLATION OF MAINLINE COMPONENTS A. Main System Shut Off Valve: Install where indicated on the drawings. B. Winterization Assembly: Install where indicated on the drawings. C. Backflow Prevention Assembly: Install where indicated on the drawings. Install assembly so that its elevation, orientation, access, and drainage conform to the manufacturer's recommendations and applicable health codes. D. Master Valve Assembly: Install where indicated on the drawings. E. Isolation Gate Valve Assembly: 0 1) Install where indicated on the drawings. 55 2) Locate at least 12-inches from and align with adjacent walls or edges of paved areas. • F. Quick Coupling Valve Assembly: Install where indicated on the drawings. 3.7 INSTALLATION OF SPRINKLER AND BUBBLER IRRIGATION COMPONENTS A. Remote Control Valve (RCV) Assemblyfprinkler 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 56 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or • other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 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 • • A. Remote Control Valve (RCV) Assembly for Drip Laterals: 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 Assembly: 1) Locate as shown on the drawings and installation details. 2) Flush lateral pipe before installing emitter assembly. 3) Cut emitter outlet distribution tubing square. 4) Use tools and techniques recommended by the manufacturer. Make openings for barb -mounted emitters with the emitter manufacturer's hole - punching tool. C. Flush Cap 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 common wire. 57 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. Coil 24-inch length of wire within each remote control valve box. 3) Install common ground wire and one control wire for each remote control valve. Multiple valves on a single control wire are not permitted. 4) If a control wire must be spliced, make splice with wire connectors and waterproof sealant, installed per the manufacturer's instructions. Locate splice in a valve box which contains an irrigation valve assembly, or in a separate 6-inch round valve box. Use same procedure for connection to valves as for in -line splices. 5) Unless noted on plans, install wire parallel with and under PVC mainline pipe. If wire is installed adjacent to section of metal pipe, separate wire from pipe minimum of 6- inches and install wire in PVC conduit. 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: 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. • 61.2 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, obtain 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. The Contractor shall provide maintenance for the work completed on the west side parkway (City owned property) for 2 growing season (2013 and 2014). B. Work completed on the east side of Turnberry Road will be maintained by the adjacent Maple Hill HOA. C. The Contractors maintenance will include a. Irrigation spring start-up for 2013, 2014, and 2015 b. Irrigation fall shut -down / winterization for 2013 and 2014 C. Irrigation maintenance d. Observing and documenting Maple Hill HOA's east side maintenance and reporting visible problems to the City Engineering Dept. 3.13 CLEAN-UP A. Upon completion of work, remove from the site all machinery, tools, excess materials, and rubbish. END OF SECTION REVISION OF 630 CONSTRUCTION ZONE TRAFFIC CONTROL 59 Section 630 of the Standard Specifications is hereby revised for this project as follows: • Subsection 630.01 shall include the following: The City will be responsible for furnishing and maintaining construction zone traffic control. All requests for initial setup of the major project phases must be made 3 weeks prior to construction commencement. The Contractor shall allow five (5) days for advanced warning signs. All flagger hours must be discussed and updated at the weekly progress meetings for the following week. All minor traffic control set ups must be made 72 hours prior to construction operations. Increased Traffic Control costs caused by delays assessed to the Contractor will be the responsibility of the Contractor. TRAFFIC CONTROL PLAN — GENERAL Special Traffic Control Plan requirements for this project are as follows: A. The Contractor will coordinate all construction phasing and construction traffic control requests with the City Traffic Dept. Submittals for major project phases shall be made at least three weeks before implementation of any element of the plan. Adjustments to the approved plan may be required by the Owner based on actual traffic operation. B. No work interfering with traffic flow on existing Tumberry Road shall be permitted during the hours of 7:00 AM to 6:00 PM unless authorized in writing by the Traffic Engineer. C. The Contractor shall maintain pedestrian and bicycle movements through the project site and the surrounding trails. The Traffic Control plan shall address the method of handling these movements. D. The Contractor shall, at all times, provide for emergency vehicle access into and through the construction site. E. Keep traffic areas free of excavated material, construction equipment, pipe, and other materials and equipment. F. Keep fire hydrants and water control valves free from obstruction and available for use at all times. G. Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives. • H. Provide and maintain continual temporary access for residences. I. Roadway Usage Between Operations — At all times when work is not actually in progress, Contractor shall make passable and shall open to traffic such portions of the project and temporary roadways or portions thereof as may be agreed upon between Contractor and Owner and all authorities having jurisdiction over any properties involved. J. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless directed. K. The Contractor shall coordinate Traffic Control activities with the City of Fort Collins Light and Power Department to assure that their work activities are coordinated with the Contractor's activities. At the least 48 hours notice is required. L. The Contractor shall maintain I lanes throughout the project. M. When deemed necessary by City Traffic, the City will provide a flagger for equipment, trucks, or other pertinent construction equipment entering or leaving the construction area into traffic. O. During the construction of this project: 1.) Turnberry Road will be maintained as a 2-way street for all traffic. 2.) Minimal flagging operations will be permitted. Bicycle lane closures and lane shifts will be permitted for the entire work zone. 3.) Full vehicular and pedestrian access will be maintained to all intersections and driveways on Turnnberry Road. 4.) Work will progress so that closures are well coordinated and efficiently utilized. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless directed. Prior to starting construction, the Contractor shall notify the City of Fort Collins Traffic Engineer of the date the Contractor intends to start construction. UTILITIES The following Utilities are known to be within the project limits: Utility/Agency Contact Phone Sanitary Sewer — City of Fort Collins Roger Buffington (970) 221-6854 • Water— City of Fort Collins Roger Buffington (970) 221-6854 Elco - Water Jack Warner (970) 493-2044 61 Storm Water — City of Fort Collins Glen Schlueter (970) 224-6065 Forester — City of Fort Collins Ralph Zentz (970) 221-6302 • Electric / Lighting - City of Fort Collins Janet McTague (970) 221-6700 Telephone — Centru Link Bill Johnson 970) 377-6401 Electric and Gas Distribution — Xcel Stephanie Rich (970) 225-7828 High Pressure Gas — Xcel Matthew Griego (303) 571-3220 Cable — Comcast Don Kapperman (970) 567-0245 Level 3 Rick Miller (720) 888-7568 Traffic Operations — City of Fort Collins Joe Olson (970) 224-6062 The work described in these plans and specifications will require full coordination between the Contractor and the Utility Companies, in accordance with Subsection 105.06 and while performing their respective operations, so the utility work can be completed with minimum delays to all parties concerned. The following utility work shall be performed by the Contractor: The Contractor shall be responsible for coordinating the adjustment of all utilities on this project and scheduling the work to coincide with construction activities. The Contractor shall keep each utility company advised of any work being done to their facilities by the contractor's forces, so that each utility company can coordinate their inspections for final acceptance with the Engineer. Provide written notice to each utility company, with a copy to the Engineer, prior to any work by a utility company that is to be coordinated with project construction. A minimum of three (3) calendar weeks of prior notice is required. Contractor to obtain necessary permits form the City and utility companies prior to starting construction activities. If needed, or as directed by the Engineer, the Contractor shall provide traffic control for any utility work to be coordinated with the project's construction, in accordance with an approved Method of Handling Traffic (MHT). The Contractor shall coordinate with ELCO water district when connecting to existing irrigation point of connections. The following utility work shall be performed by the Utility Company or their agents: Fiber Optic /Telephone — Century Link: Relocating, adjusting and resetting pedestals, lines and manholes Fiber Optic / Cable — Comcast: Relocating and resetting pedestals, lines and vaults Electric — City of Fort Collins: Reset transformers, adjust manholes, and relocate boxes, if necessary (not anticipated). High Pressure Gas Line Lowering - XCEL • 62 • General • • The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements"), when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least three (3) business days prior to commencing such operations. Contact the Utility Notification Center of Colorado (UNCC) to have locations of UNCC-registered lines marked by member companies. Call 1-800-922-1987 for locate requests outside the Denver Metro area. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavation or grading. The locations of utility facilities, as shown on the plans and profile sheets and described herein, were obtained from the best available information. All costs incidental to the foregoing requirements will not be paid for separately, but shall be included in the work. 63 unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. • 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and . organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major E 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. 17.0 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. 18.0 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 hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 20.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 21.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is 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. 22.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 23.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION P 0 SECTION 00300 BID FORM n U 0 • SECTION 00300 BID FORM PROJECT: 7501 Tumberry Road Landscape & Irrigation Project Place: Fort Collins Date: April 26, 2013 In compliance with your Invitation to Bid dated April4 , 20 13 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 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 5% ($ ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment Bonds is as follows: Employers Mutual Casualty Company, PO Box 712, Des Moines; IA 50306 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. The undersigned Bidder hereby acknowledges receipt of Addenda No. one through one EXHIBIT 1 -REVISED BID TAB Turnberry Road Landscape and Irrigation Project Bid Tab - REVISED 4/18/2013 Rem # : - �T _ r t _ Rem Description s ^ , _ , _ "e Quait Until_ . Unit Cost Totei)Cost 207-02 Topsoil (Special) - Amend Orsite, Shape, 8 Fine Grading (Top 6) (45000+17592+700)'9.5f27) 1,172 CY /0 W 1 / 212-01 Sod - 45,000 SF r �q 212-02 Dryland Seed (sort conditioner, drill seed, crimp straw mulch) 7,000.00 SF r go /00 -' 213-01 Mulch (1.6" River Rock, 3" Depth, Fabric Included) 24,478 SF -� -� 134 61 ° 213-02 Woodchp Mulch (from City Stockpile, Raul and Place Orly) 700.0 SF /05—v 213-03 Mulch (12" River Rack, IS"Deep. Fabric Included) 1,900.0 SF _ 00 — 214-01 Sheet Trees (Western Catalpa, 2" COI.) 16 EA 300 9 a0 J 214-02 Street Trees (Skyline Honeylocust, 2-Cal.) 33 EA 0O0 214 03 Street Trees (Kentucky Coffee Tree, 2" Cap 20 EA 0 O 214-04 Street Trees (Bur Oak, 2' Cal.) 10. EA 2,00 214-05 Street Trees (Chinkepin Oak, 2' Cal.) 9 214-06 Street Trees (Greempirs Linden, 2" Cal.) 26 FA - U 214-08 Street Trees (Accoloade Elm, 2' Cal.) 9 EA 19 214-09a Evergreen Tree (Cologreen Juniper 6' height) 13 EA --)5 —25 214-09b Evergreen Tree (Moonglow Jniper 6height) 14 FA -2 7 — 50 214-10 Shrubs (5 Gallons) 468 FA 1 -7 2 6 j L. 21441 Omarnentel Grasses (1 Galion) 93 EA Perennials (1 Gallon) 185 . EA 9G0 E Landscape Maintenance - 2 Years for West Parkway South of Richards Lake Road Orty (Mmi g, weeding, mutdi ng, irrigation rmintename 8 upto 4 water waterings per year) 2 YFAR 57Versa-Lack Block Landscape Wall (24' Height) (Color TBD)(Complele-in- ptace)(Irstalled per detail) 3D0 lF .. 60. 623-01 Irrigation installation for West Parkways (Richard's Lake Road to 500' sodh of Country Club Road) 1 LS wo 623-03 Bacdlow Preventer (installed per ELCO Water District Standards) - 1 EA '� '7 Ot7o 2Q009 6'2&oi Mobilization 1 LS 060 5 lJ r BID TOTAL: A 2 2— In War& 76)b HU&Qk6id t ac Arry �rvc= .Hdds��NO urN' &Alaimo o WALSH CONSTRUCTION, ING, 8139 OPEN VIEW PLACE LOVELAND.GO 80537 (970)622-8227 • Is • 0 9 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: WALSH CONSTRUCTION INC. CONTRACTOR m Matthew T. Walsh April 26, 2013 Printed Date President Title Ci-119 License Number (If Applicable) (Seal - if Bid is by corporation) Address 8139 Open View Place, Loveland, CO 80537 Telephone 970-622-8227 Email man@walshconstruction.us SECTION 00400 • SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors • • SECTION eoau0 BID BOND" KNOW ALL MEN BY THESE PRESEPJTS: Iliac .ve, file tindeisigned Walsh Construction, Inc. as Principal. and as Surety, are hereby held and firmly bound unto the City of Fort Collins. Colorado, as OiAINI-R, m Ilre still of $ for the paylnent of which, viell and truly to be nlada, V: e hereby jointly and severally bind auselves. successors, and assigns. THE CONDITION' p( this obligation is such that vrhereas Ihr: F'r nr_apal has sabmiltcd to Ihre Oily of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof In enter into a (Ainsfruction Agreement for the construction of Fort Collins PiolP.cl, Turnberry Road Landscape & Irrigation Project NOV,! THEREFORE, (a) If send Bid shall be retecle(i, or (b) It said Bid shall be accepted and the Principal shall execute and deliver a Contract ill the form of Contract a(laehed hereto (properly completed ill dccordonce "frith sal(( Biri) and Shall famish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing maleiials in connection Iliere-,vtlh, aid shall m all other respects perform (lie Agreement created by the acceptance of said Bid. then Ihis obliF7afion shall be void. olhewmse the same shall remain in force and effect. it being expressly undeislood and agreed (ha( Itre hahtiity of the Surety for any and all claims hereunder shall, in no evanl. exceed the penal anmunt of (his obligation as herein stated • The Surely, for value received. hereby stipulates and agrees that (lie obligations of 1,aid Surety and its BOND shall be in no way Impaired or affected by any extension of the lime within which the OWNER may accept such Bid, and said Surely does hereby waive notice of any such extension. Surely Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OVVNER. ' Employers Mutual Casualty Company " Five Percent (5%) of the Amount Bid ($ 5% of the Amount Bid) • i-. IN WITNESS WHEREOF, the Principal anrd the Suiely have hereunto set their hands and seals . this day Of April 26 , 2013. and such of them as are COTporalions have Caused their Comcrate seals to be hereto affixed and Ihese presonts to be signed by their proper oflicers, The clay and yeat first set forth above, PRINCIPAL SURETY Name' Walsh Construction, Inc. Employers Mutual Casualty Company Addicts 8139 Open View Place P.O. Box 712 Loveland, CO 80537 hde. I 9T- ATTEST. By (SEAL) Des Moines, IA 50306 _ 7-- 1/ By 1,11le: Ashley K. Anderson / Attorney -in -Fact By: Q-4 F- -- (SEAL) • 0 ff E C Insurance Companies. P.O. Box 712 • Des Moines, Iowa 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: TIMOTHY J. BLANCHARD, ANDREW P. WALTERS, ASHLEY K. ANDERSON, JONATHAN B. LAND, INDIVIDUALLY, GRAND JUNCTION, COLORADO its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 2015 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each bytheirofficers as shown, and the Corporate seals to be hereto affixed this 22nd day of June, 2010. Seals �•S�p11NSUgq'., ; EOOMPq'�'., :,P� Y 8 Cq''. F4P `�PPOflgt 2Cf � �P`.`�RPONyi'.� � O ��4RRPOg4%'' y""� ]you m:o- _th of 9-=n_� SEAL;;_ _N= 1863 =o== 1953 = _= y:, IOWA ONSUPANCFC.,, QE1I5UMN�''. u0Y'POR41F'�Oy:- O 4QpPORq p:",.OP'POR9/f Sys :w= SEAL; :o SEAL' ;wSEAL =p_ ORTH pPKOt. ' SMOMES.� nAUTUAt ,�o��UTUq tisa 9 a m VOL � LAUREL A. GLOSS COMMISSION NO. 183662 MY COMMISSION EXPIRES ES, to1� IOYIA-"3'.'.'L�. Bruce G. Kelley, Chairman of Companies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 d � / Zi—I —4 Michael Freel Assistant Secretary On this 22nd day of June, AD 2010 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires March 13, 2014. a- 6L"-4 Notary Public in and for the State of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 22nd day of June, 2010, are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 26 day of April 2013 (4- /1' Vice President 0 0 0 City Of Fort Collins Purchasing ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Financial Services Purchasing Division 215 N. Mason St. 2"" Floor PO Box 580. Fort Collins, CO 80522 970.221.6775 970,221.6707 fcgov. com/purchasing Description of BID 7501: Turnberry Road Landscape & Irrigation Project OPENING DATE: 3:00 PM (Our Clock) April 26, 2013 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 — Revised Bid Tab Exhibit 2 —Revisions to Bid Tab, Specifications & Drawings Exhibit 3 - Questions & Answers Exhibit 4 — Revised Drawings Please contact John Stephen, CPPO, LEED AP at (970) 221-6779 with any questions regarding this addendum., RECEIPT OF THIS ADDENDUM MUST STATEMENT ENCLOSED WITH THE ADDENDUM HAS BEEN RECEIVED. BE ACKNOWLEDGED BY A WRITTEN BID/QUOTE STATING THAT THIS 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. 2 3 4 5 ,,, i'7 Name of Bidder: Walsh Construction Inc. Permanent main office address: 8139 Open View Place, Loveland, CO 80537 When organized: Dec. 1998 If a corporation, where incorporated: Colorado How many years have you been engaged in the contracting business under your present firm or trade name? 15 yrs Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 2013 Concrete Blanket/City of Loveland $375,000 thru 2013-end Dec 2013 Longmont Soccer/Skyline Builders GC $143,000 May 2013 Pioneer Park/Town of Berthoud $843,000 May 2013 General character of Work performed by your company: General Contractor, Municipal Construction, Sitework, Civil building 8. Have you ever failed to complete any Work awarded to you? No If so, where and why? 9. Have you ever defaulted on a contract? No • • If so, where and why? 10 Are you debarred by any government agency? No If yes list agency name. 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. Water's Way Neighborhood Park/City of Fort Collins $1,414,746.73/ Feb 2013 / Public Works Park Bellvue Water Treatment Plant/City of Greeley $455,711/ Sept 2012 / Civil • 12. List your major equipment available for this contract. Excavator, Backhoe, Skidsteer, Loader, Cat Compactor, Komotsu Bulldozer, Mini Excavator, Various Trucks & Trailers, Various Construction Equipment. and anything thm lease. 13. Experience in construction Work similar in importance to this project: Water's Way Neighborhood Park/City of Fort Collins $1,414,746.73 Fossil Creek Trail at Stanton Creek/City of Fort Collins $463,940 14. Background and experience of the principal members of your organization, including officers: see attached resume Matthew Walsh 8i39 open V" P]ame zo&J,-xa, Cb1 1?4537 *, 970--29"141 EDUCATION B.S. - Construction Management, Colorado State University, Fort Collins, CO 80521 Major GPA: 3.0/4.0 May 1997 Course Content: Construction Project Administration, Scheduling & Planning, Construction Contracts, Construction Estimating, Safety Management, Labor Relations, Elementary Structural Design WORK EXPERIENCE Walsh Construction, Inc. Loveland, CO. July 1998 - Present General Contractor • President/Owner R.D. Stewart, Inc. Loveland, CO. August 1997 - July 1998 General Contractor, Contact: Dave Hall (970) 669-1500 • Project Manager • Oversaw project operations for commercial and multifamily construction • Project estimating, budgeting, scheduling, cost control, general administration • Negotiated, wrote and organized all subcontracts • Performed on -site supervision • Reported to Divisional Operations Manager Amma Construction Corp. Huntington Station, N.Y. Summers/Winters 1988-1997 Civil Construction, Contact: Prescott Ammarell (516) 351-6124 • Supervised operations related to concrete, sitework and steel fabrication • Assisted in project estimating • Modified company's job cost control system • Diagnosed possible managerial problems in company • Assisted office engineer in everyday duties • Assisted in organizing and maintaining companies shops and yard • Operated wide range of heavy equipment • Drove tractor/trailer combinations to move equipment and materials to various jobs • Performed general labor duties Self - Employed, Walsh Contracting, Northport, N.Y. Summers 1993 - 1995 Residential Landscape Construction • Initiated company's existence • Contracted work related to residential landscaping • Planned, organized and supervised everyday operations .and Use Environmental Corp. baiting Hollow, N.Y. Summer 1993 • Performed general tasks in accordance with marsh and wetland renovation • • n 15. Credit available: $ 150,000. 16. Bank Reference: Guaranty Bank and Trust Company, Loveland, CO/Debbie Davis 970-532-8101 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? Yes 18. Are you licensed as a General Contractor? 19 9 20 21 22. 23_ 0 Yes If yes, in what city, county and state? Ft Collins, Loveland, Longmont, Greeley, Larimer, Weld What class, license and numbers? various Do you anticipate subcontracting Work under this Contract?, If yes, what percent of total contract? 30% And to whom? Irrigation and Maintenance Yes Are any lawsuits pending against you or your firm at this time? no IF yes, DETAIL What are the limits of your public liability? DETAIL 1,000,000/2,000,000/2,000,000 What company? Builders Insurance Group and Pinnacol Assurance What are your company's bonding limitations? 3 Mil 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 Loveland this 26th day of April 2013. Company: Walsh Construction Inc. By: Printed: Matthew T. Walsh Title: President State of Colorado County of Larimer Matthew T. Walsh being duly sworn deposes and says that he is President of Walsh Construction Inc. (Name) (Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this 26th Notary Public My commission expires: 11-30-2013 day of April , 2013 0 0 • SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM • 0 SUBCONTRACTOR • SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed • • 0 SECTION 00510 NOTICE OF AWARD DATE: April 30, 2013 TO: Walsh Construction Inc PROJECT: 7501 Turnberry Road Landscape & Irrigation Project OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated April 26, 2013 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7501 Turnberry Road Landscape & Irrigation Project. The Price of your Agreement is Two Hundred Twenty -Five Thousand Three Hundred Thirty - Eight Dollars ($225,328). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by May 15, 2013. 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 Contfapt Documents atMched. OWNER M 0 Gerfy S. Paul' Director of Purchasing & Risk Management . SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 301h day of April in the year of 2013 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Walsh Construction 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 7501 Turnberry Road Landscape & Irrigation Project and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Engineering Department 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. The Contract shall be administered by the City of Fort Collins Engineering Department. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete by June 28, 2013 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 fourteen (14) calendar days after the date when the Contract Times commence to run. Substantial completion is defined as all landscape materials (plants and sod), irrigation systems, mulching and block walls installed and accepted. Final Completion work includes site cleanup and punch list items identified at the substantial completion walk-thru. 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 preceding 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) Substantial Completion: Six Hundred Dollars ($600.00) for each calendar day or fraction thereof that expires after the June 28, 2013 deadline for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Three Hundred Dollars ($300.00) 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: Twc Hundred Twentv-Five Thousand Three Hundred Thirtv-Eioht Dollars ($225,328), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Paymeht 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, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, 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. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER 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. 95% 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 Section 00520 Page 3 for payment. EXHIBIT 1 -REVISED BID TAB Turnberry Road Landscape and Irrigation Project Bid Tab - REVISED 4/18/2013 ttem# ttemDescription Quantity Unit Unit Cost Total Cost 207-02 Topsoil (Special) - Amend Onsite, Shape, & Fine Grading (Top 6") (45000+17592+700)-0.5/27) 1,172 CY 212-01 Sod 45,000 SF 212-02 Dryland Seed (soil conditioner, drill seed, crimp straw mulch) 7,000.00 SF 213-01 Mulch (1.5" River Rock, 3" Depth, Fabric Included) 24,478 SF 213-02 Woodchip Mulch (from City Stockpile, Haul and Place only) 700.0 SF 213-03 Mulch (12" River Rock, 18" Deep, Fabric Included) 1,900.0 SF 214-01 Street Trees (Western Catalpa, 2" Cal.) 16 EA 214-02 Street Trees (Skyline Honeylocust, 2"Cal.) 33 EA 214-03 Street Trees (Kentucky Coffee Tree, 2" Cal) 20 EA 214-04 Street Trees (Bur Oak, 2" Cal.) 10 EA 214-05 Street Trees (Chinkapin Oak, 2" Cal.) 9 EA 214-06 Street Trees (Greenspire Linden, 2" Cal.) 26 FA 214-08 Street Trees (Accoloade Elm, 2" Cal.) 9 EA 214-09a Evergreen Tree (Cologreen Juniper 6' height) 13 EA 214-09b Evergreen Tree (Moonglow Juniper 6' height) 14 EA 214-10 Shrubs (5 Gallons) 468 EA 214-11 Ornamental Grasses (1 Gallon) 93 EA 214-12 Perennials (1 Gallon) 185 EA 214-13 Landscape Maintenance - 2 Years for West Parkway South of Richard's Lake Road Only (Mowing, weeding, mulching, irrigation maintenance & upto 4 winter waterings per year) 2 YEAR 504-01 Versa -Lock Block Landscape Wall (24" Height) (Color TBD)(Complete -in- place)(Installed per detail) 300 LF 623-01 Irrigation installation for West Parkways (Richard's Lake Road to 500' south of Country Club Road) 1 LS 623-03 Backflow, Preventer (installed per ELCO Water District Standards) 1 EA 626-01 Mobilization 1 LS BID TOTAL: In Words: 0 • 0 • 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. • 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 0 • 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent 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: --- COVER SHEET 1 GENERAL NOTES 50-51 EROSION CONTROL PLANS 66-73;78-84 LANDSCAPING 101-104 IRRIGATION 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. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS • 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. C� J 0 9 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,. assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNEMRY.PAUL ORT CO LINS By: G DIRECTOR OF PURCHASING AND RISK MANAGEMENT S Attest: Address for giving notic P. O. Box 580 Fort Collins, CO 80522 CONTRACTOR: By: VVI n-rr k_� I PRINTED Title: t� pORT "a �Oi� Date:O�Ret L 3o, Zo 13 (CORPORATE SEAL) O Attest: 2 Address for giving notices: II WALSH CONSTRUCTION. ING LOVELAND. CO 80537 070) 64-8227q License No.: C SECTION 00530 NOTICE TO PROCEED Description of Work: 7501 Turnberry Road Landscape & Irrigation Project To: Walsh Construction Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within () calendar days from receipt of this notice as required by the Agreement. Dated this day of 20 The dates for Substantial Completion and Final Acceptance shall be 20_and . , 20_, respectively. City of Fort Collins OWNER M Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _day of 20_ CONTRACTOR: Walsh Construction Inc. Title: • 0 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 9 • SECTION PERFORMANCECE BOND Bond No. S391111 KNOW ALL MEN BY THESE PRESENTS: that (firm) Walsh Construction, Inc. (address) 8139 Open View Place, Loveland, CO 80537 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Employers Mutual Casualty Company (Address) P.O. Box 712, Des Moines, IA 50306 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 ' in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 30th day of April , 20 13 , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7501 Tumberry Road Landscape & Irrigation Project. r` NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. • 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. Two Hundred Twenty Five Thousand Three Hundred Thirty Eight Dollars and No Cents. ($225,338.00) 0 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 30th day of April , 2013- IN PRESENCE Principal /OF* `Z Walsh Construction, Inc. (Title) (Title) (Corporate Seal) 8139 Open View Place, Loveland, CO 80537 (Address) IN PRESENCE OF: Other Partners By N/ A By: Is 0 IN PRESENCE OF: Anita C. 1<ter _ (Surety Seal) Surety Employers Mutual Casualty Company � By: - i ts-( k - d Vt DLt%Wi- AshleyK.Anderson/ homey -in -Fact P.O. Box 712, Des Moines, IA 50306 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. • SECTION 00615 PAYMENT BOND Bond No. Bond No. S391111 KNOW ALL MEN BY THESE PRESENTS: that (firm) Walsh Construction, Inc. (address) 8139 Open View Place, Loveland, CO 80537 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Employers Mutual Casualty Company (Address) P.O. Box 712, Des Moines, IA 50306 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins. 300 Laporte Ave.. Fort Collins. Colorado 60522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum ' of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 30th day of April , 20 13 , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project. 7501 Tumberry Road Landscape & Irrigation Project. NOW, THEREFORE, if the Principal shall make payment to all persons, fines, 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. 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. Two Hundred Twenty Five Thousand Three Hundred Thirty Eight Dollars and No Cents ($225,338.00) • IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 30th day of April , yp 13. IN PRESS CE OF Principal Walsh Construction, Inc. (Title) (Title) (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: Anita C. KellAnita C. Kell -ram& (Surety Seal) 8139 Open View Place, Loveland, CO 80537 (Address) Other Partners By: N/A By: Surety Employers Mutual Casualty Company By; As ley K. Anderson / A tt mey-in-Fact P.O. Box 712. Des Moi es. IA 50306 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. • /EMCInsurance Companies P.O. Box 712 - Des Moines, Iowa 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company' and collectively as "Companies", each does, by these presents, make, constitute and appoint: TIMOTHY J. BLANCHARD, ANDREW P. WALTERS, ASHLEY K. ANDERSON, JONATHAN B. LAND, INDIVIDUALLY, GRAND JUNCTION, COLORADO its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 2015 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 22nd day of June, 2010. Seals `: PSGO INSLgq Ci, :4E 40 MV9 N1 �'. �'yfPS V. fl �9 f'.. SEAL--,3_ _z 1863�20; 5'= 1953� <5 10WA% fc- 0- • 'm00%. :'"0o \NSVfl9NCE ". E,NSUF9NC ........ -WQ SEAL ' - -�' SEAL ';'-' W SEAL :o: /OWP ' qiH OP'A0�• •, MOINES.`" �`- MUTUAI, UT04 I's F 9 put LAUREL A. BLOSS n s �/NCOMMISSION NO. 183662 i MY COMMISSION EXPIRES IES. tp3tp Bruce G. Kelley, Chairman of Companies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 //X . W_ Michael Freel Assistant Secretary On this 22nd day of June, AD 2010 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires March 13, 2014. Notary Public in and for the State of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 22nd day of June, 2010, are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 30 day of 2013 Vice President • EXHIBIT 2 — REVISIONS TO BID TAB, SPECIFICATIONS & DRAWINGS Plan sheets 83 and 84 are replaced with the attached revised plan sheets. The revisions fix an editing error. The Greenspire Linden trees were incorrectly edited and the Patmore Ash trees were incorrectly left in place. These sheets revise the plans so that the Patmore Ash trees are replaced with Kentucky Coffee Trees; the Shademaster Honey locusts trees are replaced with Skymaster Honey locust trees; and the Greenspire Linden trees are per the original landscape plan. These quantity modifications are reflected in the attached revised bid tab. • 214-02 Street Trees (Skyline Honeylocust, 2"Cal.) 33 EA • 214-03 Street Trees (Kentucky Coffee Tree, 2" Cal) 20 EA • 214-06 Street Trees (Greenspire Linden, 2" Cal.) 26 EA 2. The Mulch (1.5" River Rock, 3" Depth, Fabric Included) quantity is revised to reflect the quantity shown on the plan sheets. • 213-01 Mulch (1.5" River Rock, 3" Depth, Fabric Included) 24,478 SF 3. Line Items 214-10; 214-11; & 214-12 quantities are revised to reflect the quantity shown on the plan sheets: • 214-10 Shrubs (5 Gallons) 468 EA • 214-11 Ornamental Grasses (1 Gallon) 93 EA • 214-12 Perrenials (1 Gallon) 185 EA • 4. Item 623-02 "Design/Build Irrigation for Maple Hill Parkways" is removed from the contract. Alpine Landscaping, the irrigation maintenance contractor for Maple Hill HOA will install this system prior to parkway landscape planting installation. 0 . SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. • 0 OP ID: SKI ,d►`oRo CERTIFICATE OF LIABILITY INSURANCE "' I DATE `NDON 05/09113 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED R RESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDE IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the polley(fes) must be endorsed. If SUBROGATION IS WANED, 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 andomeme s . PRODUCER 970-223-1804Acr Front Range Insurance Group 1100 Naxton Drive Suite 100 PNONEFAX Eft Me,' me, Fort Collins, CO SOW David A. Wooldridge LUTCFAAI WALSH-4 IN AITORDINO COVERAGE NAIC a INSURED Walsh Construction, Inc. INe1NUIRA: Pli nscol Assurance 41190 Matthew Walsh, Pros. 813E Open View Place Loveland, CO 80637 INSnREae:Builders Insurance Group uMUREa°' INauREao• INSURER B ERP: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE LIAeie B OBSElALUAMLITY X COMMERCIAL GENERAL LMBILm CLAves+AwB ❑x OCCUR X KG0104291-02 06101112 08101/13 EACH OCCURRENCE S 1,000,00 M S 100,00 MED EXP lAny aaaPwana S 5,00 PERSONAL S ADV KXRY 1 1,000,00 GENERAL AGGREGATE S 24000100 GENL AGGREGATE T POLICY LIMIT APPLIES PER: LOC PRODUCTS- COMPIOP AGO 1 2,000.000 1 AUTOMOBILE LIABILITY ANY AUTO A40YiNEDAUTOS SCHEDULED AUTO$ HMO AUTOS NOWOMEDAUTOs COMBINED SINGLE LIMIT (Ea AaweaM) f BODILY INJURY(Pa pi~) 1 BODILY INJURY(ft wofty) S PROPERTYDAMAGE (pp,a all f s 1 B X UNSPUIL A W1B EXCESUAS X OCCUR CuMOAAADS UMB011984901 OtVO1M2 OSOIM3 EACH OCCURRENCE S 1.000.000 AGGREGATE S DEDUCTIBLE RETENTION S 1 1 A H Rtrims coMPBNWTION AND EMPLOVEW unantrr ANYPROPRIETORIPARTNERaXECUTrW YIN OFFICERILIEMBER EXCLUDED? (tlayatlnd,mmrm Nle OESCM D TONSMIPv NIA 104361 05/01113 06101M4 Ix 107 E.L.EACH ACCIDENT i 1.000, eI. DISEASE - EA EMPLOYE S 1.000'Offl E.L.DISEASE -POLICY LIMIT S 1,000.001 B Inland Marine PKGo10428102 08/01H2 O8101113 SehEqulp 220.201 LeaslRont 60.00 OESCRIPnONOP OPEMTUNS I LOCATUMI VENICL98 UU18 ACORD 10t, AaaNa,N NmuLN BCNeOny H men ARM 11 requNN) City of Port Collins in covered ae additional insured under the general liahlity policy. Project: 7501 Tux2iberry Road Landeape a Irrigation CERTIFICATE HOLDER CANCELLATION CITYFOS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Collins ACCORDANCE WITH THE POLICY PROVISIONS. 215 North Mason Street AUTHORIZED B A Fort Collins, CO 80322 ACORD 25 (2009109) 0193"009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Fax Server • JACISON INSURANCE 1528 N LINCOLN AV #1 LOVELAND, C080538 1-970-667-3680 5/10/2013 12:13:43 PM PAGE 2/003 Fax Server Certificate of insurance PRAWREW11F Policy number. 08333017.1 Underwntien by: Affisan and Truckers CasiWty Co May 10, 2013 Page 1 of 2 COSIRG&Ik"s ........ . ... .... ........................I=md AdditionalInsured JACWAtSH O N INSURANCE , ...... ..................... .........0 CITY OF FORT COLUNS 8139 OPEN VIEW Ft. 1528 N LINCOLN AV # 1 215 N MASON ST LOVELAND, CO 90537 LOVELAND, CO 80538 FORT COLLINS, CO 80522 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured • named above for the periods) indicated. This Certificate is issued for information purposes only. It confer no rights upon the certificate holder and does not change, after, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject: to all the terms, exclusions, limitations, endorsements, and conditions of these policies. ---i..------- .............. --- . --.PoI E&�DaieNow22, 2012..--.....-...------ . ...... .. . ..... . cyxDale: Nov22, 2613 UM1111 Bodi yI nj,pe ri in ag ........ I .... . . . . . . . . . . . . . . ............................... ............luyPoy Damage $000,000 Combined Singie LIaIt Lin,in . ....... - ....... . 15-0-6,06ID-6-mbin*id Sing-le'-U-m-it ......... ....... * .. .... Description of LocationflilrehiclesirSper .ial Items Scheduled autos only 'C"H-E'VRO-L-E-T il�)61 SJILVER'60,6-5-00 ... I'G"CJ'K"3' 3*'G*'6'1'F'l 5*17117"2*0 ... ........ . ...... Comprehensive S500 Ded Colli.s.ion .................... $500 Ded 19 94 1 NTL49DlHTSDPPNORH57 ......8074 ................................................................ — ........... ........ Comprehensive $500 Ded Collision ' $500 Ded 2000 FIRV TRAILER 4S'4'T' S E H 2'2" Y**NO"2'3'1'2"2* . ..... .... * * ... * .... .. ....... ........... ....... Comprehensive $500 Ded Collision $50D Died 2006 FORD F3 5 0 S U PE R DUTY 1 F DWW 3 7 P2 6 EB 9 5636 . 1.- ............................. I ................. ............................. .................... Comprehensive $50ODed Collision ............. $500 Ded .. . 2 0 1 0 BIG T F X TRAILER 1 6 V G X 242 X A 2 66 0 44 5 • Comprehensive ..................... I....... ........ — ............................ $500 Died Collision *6 $500 Ded 6) Comprehensive S500 Ded Collision ............................5E25 1500 Ded 2 0 0 5 C H EV R 0 LIE T SI L V E R A D 0 C2 5 0 0 1 G 8 H C 2 4 U 7 E 2 5 8 7 2 . 7 ............ .............................. I ...... ................................. I ...... Fax Server 5/10/2013 12:13:43 PM PAGE 3/003 Fax Server Collision 4SDD Ded Policy nimlber. 09333017.1 Page 1 of 1 Certificate number 13013AO9017 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. Fam 5241 UOA4 ID n U i 0 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE:7501 Turnberry Road Landscape & Irrigation Proiect PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Walsh Construction Inc. CONTRACT DATE: April 30, 2013 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. 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 REMARKS: DA SECTION 00640 • CERTIFICATE OF FINAL ACCEPTANCE , 20_ TO: Walsh Construction Inc. Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Walsh Construction Inc. for the City of Fort Collins project, 7501 Turnberry Road Landscape & Irrigation Protect. 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 April 30, 2013. 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: 0 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Walsh Construction Inc. (CONTRACTOR) PROJECT: 7501 Turnberry Road Landscape & Irrigation Protect The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the • buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of 20 CONTRACTOR: Walsh Construction M Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this by Witness my hand and official seal. Notary Public My Commission Expires: day of 20_, 0 • • SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Walsh Construction Inc. PROJECT: 7501 Turnbern/ Road Landscape & Irrigation Protect CONTRACT DATE: April 30, 2013 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 120 (Surety Company) 0 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE 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) 0 no NOT WRITF IN THIS SPACF The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - .CONTRACTOR INFORMATION Trade name/DBA: - Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employers Identification Number: Bid amount for your contract: $ Fax Number: ( ) Business telephone number: Colorado withholding lax account number. Copies of contract or agreement pages (1j"identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicableandCities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE • • • EXHIBIT 3 — QUESTIONS & ANSWERS 1. Landscape Edging is specified in the Landscape Material Legend on sheets 66 and 68 but the plans do not indicate any locations. The City does not anticipate installing landscape edging on this project. Any landscape edging that the City requests will be paid for through change order. 2. Tree counts do not match between the bid tab and the plan sheet quantities. The bid tab has the correct number of trees and is a combination of the Ripley designed west parkway and the B&A designed east parkways with bubbled revisions. 3. ELCO water standards do not require a stop box between the backflow preventer and the meter. See attached detail below: 4. Can different sod types be used? The City will allow different sod types in the parkways (areas between sidewalk and curb). However special attention needs to be taken on the east side parkway and behind the sidewalk so that sod closely matches existing turf type. Sod type must also closely resemble the sod type specified. 5. At STA 26+75 there are two green SDR pipes that appear to be conflicting with the location of the proposed wall, is relocation or removal of these pipes incidental or associated with this bid? • • The two green SDR pipes are storm drain pipe that drain an inlet on the west side of the frontage road to the inlet in Turnberry Road. The pipes are approximately 24 inches west of the back of the sidewalk and need to be • • Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this • may delay processing of your application. 0 SECTION 00700 GENERAL CONDITIONS • • • L GENERAL CONDITIONS nem-170 P CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Comm ittec, H,JCDC No. 1910-9 (19190' Edition), as a'ba. c. Changes to that dmument are shown 1)), underlining text that has been added and striking through text that has been deleted. 0 EUCDC GENERAL CONDITIONS 19.10-8 (1990 EDITION) WITH CITY OF FOIZT COLLINS MODIFICATIONS (REV 9/99) 0 Article or Paragraph Number & Title DEFINITIONS TABL E OP CONTENTS OP G E NERAL; CONDITIONS Page Article of Paragraph Number Number'k Titic 1.1 Addenda.... .......................... !..Iil...,..., J .nt.::... 1:2 Agreeme....... .........11 1.3 Application for Payment ... ........,;1 1-4 Asbestos ...:....:..:....::...: ....... 1 : 5 Bid ,:... 1 LG Biddiiig;Documents.....-.;. ......1, 1:7 Bidding Requirements.........................a 1:8 Bonds ............. 1:9 Changc Order, ........................... 1.1ll Contract Documents......... 9. 1.11 Contract Price ........ ....,, I 1.12 Contract Times ............... ............1 L13 CONTRACTOR ............ I4, defective ............................................ 1.15 Ihawings.......... .:. ........... :..............-.... a 1.16 Fflcetivc Date of the. Agreement..,,.....: 1 1.17 ENGINEER .....:.........:.........:..: 1 1.15 ENGINEERS Consultant ......................1 1.19 Field Order.:...::..:.:..........:.............:.:::,1 1.26 Gencral Requirements ...... .............f 1s21 Ha7ardous ltaslc„................. .... ......2 1.21a Laivsand Regulations; Laws'or Regulations ...... .... . . ..:...... 1:22:b Legal Iloliilays ................. .....:...2 1.23' Liens ........ .......................... ................ 1.24 Milestone ............. I ........ . Z L25 Notice of Award ..:::.................... ... .:..::2 126' Notice to Proceed.,..,_,,,,.„ I ......,,,:,,? 1.27 OWNER.. ................................. ...2 125 Partial Utdiiation.......... a.................. 2 1 `29 PCBS................... ............... ....... .....:? 1:30 Petroleutii.:...: ........ ...........2 1.31 I'rgcct ................ ..2 1 32:a Radioactive Mat�n�l...... : ...... ....:2 1:-32:b Regular I iIorking Hours.,. 3 1:33 Resident Project Representaiive..:......... .2 134 Samples......:,. a 1.35 Shop Drawings ..... ...... n 1.36 Specifications ....................:...:............? 1.37 Subconuacror.................. ................. ..?- 1.38 Substantial Cont pietoii..... .,,,.:2 1.39 Supplementary Conditions,,,, ,,,,,,,,,,,,,? 1:40 Suppler ..:......:........:...:: o :: ,:2 IAA Underground Facilities,.,. 2-3 1-.42 Unit Price Work ............... „ „ 3 1.43 Work.................................................3 1:44 Work Change Directive._,. ...............3• 1.45 Written Amendment ....... ......: ...:3 El Page Number PRLLRv)IhARY MATTERS ......:... _.................... 3 1 Delivery.of]ionds............................. 2.2 Copies of Documenps ...::.... ......,3: 2.3 Commencement ofGontract Times; Notice to Proceed.._._ „ _,3 2.4 Starting the LArork 3 2.52.7 ........... Before'StartingConstntction CONTRACTOR'S Responsibility to Report; Prelim inary Sohcdtles; Delivery of Certificates of insurance ........ ........ ....:. 3A 2.8 Preconst%ruction Conference,,,,.,...,,. 4 2 9 Initially Acceptable Schedules -... .... 4 CO\NIRACT DOCUMENTS: INTENT; AMFNTI)IN(;, REUSE ... :................. ..........:...::..:. 4 3.1-3.2 Intent,,,,,,,,, 3.3 Reference to Standa'r s and Speci- nations of Technical Societies; Reporting and Resoliiing Dis- crepanctvs ................................. 4-5 3.4 Intent of Certain 'I'drms or :Adjective ..,...... ..........:.......... 5 3.5 Amending Contract Documents..... ,,,5 3;6 Supplementing Contract Documents :.................................. 5, 3.7 Reuse of Dotuni ants_ ............. .....5 4. AVAILA131UTY.OF LANDS; SU13SURFACE AND PHTSICAL'CONDITIONS; REFERENCE PORNrf S ......... ............ . 5' 4.1 Availability of Lands—-, ........,. -3-6 4.2 Subsurfice.Tnd Physical Conditions 6 4.2.1 Repprts and Drawings .....C> 42-2 Lim itad Reliance h) CONTRAC- TOR Autlib riied; Technical Data 6 4.2.3 Notice of Differing Subsurface or Physical Conditions ................. G 4.2.4 F.NCYR\TF.F.R's Revicw ......... 6 4:2.5 Possible Contract Docimrents Change .....6 4.2.6 Possible Price and Times Adjustments:.. .....G-7 4.3 Ph}'steal Condtions UndergrOtlnd Facilities ....................................... 7. 4..3.1 Shown or Indicated - ,,,,,.,,, 3 4.3.2 Not Shown or Indic,ated....... ........1 4.4 Reference Points, 7 isicDc.cisraiR,ai, cotvmozv5 tsto>s (i9vo t:-uiTtoNl iv/ CITY OF FORT CbUJNS MOI)MCATIONS (REV WO'i • 0 • • 0 Article or -Paragraph Number Title Page Article or Paragraph Number Number &'Title 4.5 Asbestos; PCBs, Petroleum,. Hazardous Waste or Radioactive Material 7-8 5. BONDS ANI) INSURANCE : ...... ........ 8 5.1-5.2 _ Performance. Payment and Other Bonds 5:3 Licensed Sureties and Insurers; Certificates of Insurance,,,,,,,,,,,,,,,,,,,, 8 5.4 CONIRACTOR's Liability Insurance 9 5.5 OWNERS Liability Insurance . *9 5.6 pi�opertyInsurance ......... „9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance_,,..,,_10 5.8 Notice of Cancellation Prmision 10 5.9 CONTRACTOR'sResponsibilit} for Deductible Amounts 10 5:10 Other Special Insurance ..... . JO 5.11 Waiver of Rights, ......... 71 5.12-5.13 Receipt and Applicafion of Insurance Proceeds 10-11 5:14 Acceptance of Bonds and lnsu- ante; Option to Replace,,,,,, ,,,,,,,,,I I 5.15 Partial Utilization --Property Insurance ;,:; 4,11 CON'I'RACfOR'S RESPONSIBILITIES 6.1-6.2 Supervision and Superintendence ..: I I' 6.3-6.5 tabor, Materials and Equipaicnt 11-12 6.6 Progress Schedule ................. ............j2 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; F.NGINEER's Evaluation 12-13 6.M.I I Concerning Subcontractors, S uppl i ers,and Others; Waiver of Rights„ .................... 13-14 6.12 Patent Fees and Royalties,,,,,,,,,,,,,,,,,,, 14 6.13 Permits„ 14 6.14 Laws and Regulations ........ ........ 14 6.15 Taxes ........................................... 14-15 6.16 Use of Premises„: . 15 6.17 Site Cleanliness,,,,,,,,,,,;; 15 6.18 Safe Structural Landing,,,,,,,,,,,,,,,,,;;,,,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........ I .............. .......16 6.24 Shop Drawings and Samples-, ........... 16 Page Num her 6.25 Submittal•Proceedures; CON- TRACTOR's Review'Prior to Shop Drawing or Sample Submittal 16 6.26 Shop Drawing B Sample Submit- tals Review by ENGINEER 16.17 6:27 Responsibility for Variations Prom Contract Documents: ...... :,;;17 6.25 Related Work Performed Prior to F'NGINF.F.;R's Review and Approval. of Required Submittals ......, „ ...............17 6.29 Continuing the Wort. ,,,,,,, ,,,,,,,,17 6.30 CONTRACTOR's General Warrantv and Guarantee 17 6.31-6.33 Indemnificationn 17-18 6.34 Survivalof Obligations ,;,,,,,,,,,,,38 7. .OTI ER WORT :..:.:.. .. I S 7.1-73 Related Work at Site ......,_,..S 7.4 Coordination .... ..................... ........ is 8:- Ol\TIE.R'SRESPONSIBMITTES ........................)S 8.1 Communications to CON- TRACTOR ...:..,,. IS 8.2 Replacement of 8.3 Furnish Data and Pay Promptly When Due 18 8.4 Lands and Easements Reports and'fests „..18-19 8:5 Insurance ......:..........:.......:....:.......:19 S:6' Change iOrders, ..............:.......:.....19 8.7 Inspections, Tests and Approvals ...................................19 8.8 Stop or Suspend Work Terminate CONTRAC'I'OR's Services .........:.:.. 19 18.9 Limitations on OWNER'S Responsibilities, ........... . .............:19 .8..10 Asbestos,.PCBs, P_etiotcum, Hazardous Waste or Radioactive Material ,,;,,,,,,;19 8.11 Evidence of Financal Arr'angements....... ,•........ .... 19 ENGINEER'S STATUS DURING CONSTRUCTION,._ .:........ :............ . 19 9.1 OWNER's Representative -.19 9.2 Visits to Site _„ .............., 19 93 project Representative ,,,,.... 19-21 9.4 Clarifications and Interpre- tations ......................................... 2.1 9.5 Authorized Variations in Vbik..-..:: 21 EJCDC GENLRAL CONDITIONS I910-8 (199a EDITION w/ CfTY OF. FORT COLLINS MODIF'fCAT10NS(REV 9/99) Article or Paragraph Page Article of Paragraph Page Nhimber 3 Title Number Number &- Title Number 0 9.6 Rejecting Defective Work ...... ......... _,21 93-9.0 Shop Drawings, Change Orders and Payments ............ .1, ..................... 21 §.Io Beterminaticru; for Unit Prices ....... 21-22 9- 11 -0. 1,-j Dcc*isions on Disputes; ENGI- NEER as Initial Interpreter..........*, 22 9.13 Lim ititions on ENGINEERs Authority and Responsibilities,,,, 22-23 CHANGES IN THE WORK .- .. 1 ..................................... 23 16.1 OWNEWs Ordered Change ................. 23 114. 10.2 Claim for Adjuslment.........................23 103 Work Not, Required by Contract Documents 23 10.4 Change Orders......._ .. ...... ............. 23 10.5 Notification of Surety ......................... 23 CHANGE OF CONTRAG-rPRICF .............................23 11.1-11.3 Contract Price; Claim foir Adjustment; Value of the Work_..:.........................__.. :23-24 11.4 Cost of the Work .......................... 24-25 11.5 Exclusions to.Coq of the Work ........... 5 11-6 CONTRACTOR's Fee . ........................25 25 11.7 Cost Records ................................. 11.8 !Cash Allowances ... ............. ............ 26 11.9 Unit Price Worl, ................................ 26 CHANGE OF CONTRACT TM4ES ............................26 12.1 Claim for Adjustment ........................ 26 12.2 Time of the Essence.,,,,,,,,,, ...... ..... 26 12.3 Delays Beyond CONTRACTOR's Control..'.. . ....................... ......... 26-27 12.4 Delays Beyond OWNFR's and CONTRACTOR's Control ................ 27 TESTS AND INSPECTIONS; CORRECTION REMOVAL OR ACCEPTANCE OF DEREC77VE WORK ...... ....... ........... 27 13.1 Notice of Defects ............................... 77 13.2 Access to the Work. . .......................... . )7 13.3 Tests'and lnspcctions, CONTRACTOR's Cooperation ......... 2) 7 13.4 OWNERS Responsibilities'. Independent Testing Laboratory...,... 27 135 CONTRACTOR's Responsibilities .................. _--27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval.................27 13.8-113.9 Uncovering Workat ENGI- NE ERs Request ...................... 27-28 13,10 OWNER May Stop the Work .... ..... 28 13.11 Correction or Removal or Defective Work 78 13.12 Correction Period...........................28 13.13 Acceptance of`Dqfieifive Work ... __28 13.14. OWNER May. Correct Defeclive Work., ................. ...... .......... 28-29 PAYMENTS TO CONTRACTOR AND COMPLETION 29 4.1 Schedule of Values,,,,,,,,,,,,;,;, 14.2 Application for Progress Paymant.....................................29 14.3 'CONTRACTOR's War ranty of Title ......................... 29 14A-14.7 Review of Applications for Progress Paymenis - ..... I I ........ 29-3.0 14;8-14.91 Substantial Completion,,,,,,,,,,;,,„:„ . 30 14.19 Partial Utilization ---- ................ "-3 1. 14:11 Final Inspection .............................. 31 14.12 Final Application for Payment ........ 31 14.13-14.14 Final Payment and Acceptance..,, „31 14.15 Waiver of Claims ....................... 31-32 15. SUSPENSION OF WORK AND TERMINATION, ....... : .............. : ................. : ....... 32 15.1 OWNER May Suspend Work .......... 32 15.2-15.41 OWNP, ll May Terminate ................. 32 15.5 CONTRACTOR 1,& Stop: � y Work or Terminate,,;,,,,,,,,,,,,,, 32-33 16. DISPUTE RESOLUTION 33 17. MISCELLANEOUS ...........................................33 17.1 Giving Notice : ............................... 33 17.2 Computation of"fimes .............. 1-1-:.33 17.3 Notice of Claim., ........................ ... 33 17.4 Cumulative Remedies ........... ..... 33 17.5 Professional Fees and �Court Costs Included .......................... ...33 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 Intentionally lell blank ..... -- ........ ...... ; ............ 35 EXHIBIT GC-A[.,(Opiioft,.il) Dispute Resolution Agreement.,,, ................. GC -AI 16.1-16.6 Arbitration ...... .......................GC -Al 16.7 Mediation.:..: 13C-1AI Licbb GENERAL COND111ONS 1910 -3 (1990 - W-1110111) iv/ CITY.OF FORT COLLINS MODMCA-noNs (RF.v 9190) 0 0 11 INDEX TO GI NIIRAIXONDITIONS City of Fort Collins modifications torhe:Gcneral Conditioas�ofthe Construction Contrackare not shown in this index Article or paragraph Nun biller Acceptance Of - Bonds'and Insurance.,:..,:, .... : ..,,,,; ,19 defecate Work__.„ ......... ....10A_1, 13.5, 13.13 finaLpaSmicnt:..:... 9.12 WAS 'insurance ............. ......... ....... I., ....5.14 utherWork, by CONTRAC,TOR .73 Substitutes and "Or -Equal" Remy 67:1 Work by OI&FR 5, 630,,G:34 Access to the-- lands; OWNER andCUNI'RACTOR responsibilities ........, ..,.;4;1 site, relatedli'ork............................:..:...-...:....7.2 Work, ....... „13:2, 13.14,'14.9 Acts or- Oat issions-- Acts and Omissions-- C6N'I'RAUlOR .....-_ .........691,9.13-3 FNGII\1 FR..............................._... _... 6 2U, 9;13.3 OWNER 620. S.9 Addenda--defintttonof (alsosez definition of Specifications),,.,,,_ (1:6, 1.10, 6.19), 1:1 -Additional Property Insurance*,,,,_, .I....... 5.7 Adjustm crufs-- ContractPricc:or Contract '1'i aes ......... ......... L5, 3.5, 4; L 4.3.2, 4.5.2. ............... ..4 5 3, 9.4, 9.5 10.2-10,41 progress schedule` 6.6 .Agreement -- definition o(................................ :1.2 "All -Risk" Insurance, policy form,,. ......;5`b o Allo�iar ees, Cash ........ :........ 11 8 Amendina Contract D)cument*.... ........ ......3.,5 AmendmentWritten:: in gcncral . 1.10, 1.453.5, 5.10, 5 12, 6:6.2 C.£2 619,•10:1 104 112. ... 12 1,.13.12 14:7:2 4001,'OWNER'oi CONTRACTOR intent to............,, :;9.10, 9711, 10-.4'r 16.2, 16:5 Applicatiowfor Paymteit - definition o(•............. :.... :........ ........... :............... 1.3 F.NGINF.F,R's Res* ongibility;,, ......... 9 final payment,.__,_9.13 4 9 133, 14 12 1415 in general ........ .... .....2 8. 2.9, 5.6.4, z9A0, 15:5 progress payment„ „ : „ 14.1-14:7 review of ..... ,,,,,,, , , ............1 1.4-14:7 Arbitration .....:....... 16,1-16.6 Asbestos-- claims pursuant thereto.;,..... ........43:2; 4:5:3 CONTRACTOR; authorized to stop Work, 4.52 .definiiion of ........ 1.4 Art-icle,or Paragraph Number ,C)WNER responsibility for ................... ....... 4 5 1, 8:16. possible price and times chan_gc,..-,: ........ fit Authorized Variations in 'Work ....... 6. 6.25, 6.27; 9.5• Availabdity'if'Ltnds.,. ,r... ....:.:- . 4.1, SA Award, Notice of --defined ........ ,,,,,......1 25 Before Startiniconstruc'tion„ „ 15?8 Bid --definition of 1;5 (1.1 I.10,2:3;3.3, ...... , .....:.. 4.2.6A.- 6,13, 11.4,3;'11.9,1), Bidding Documents=definition .of Bidding Requirementsr-definition. of ;.... ....,. ......1.7 (1.1, 4:2:6:2) Bonds -- acceptance of ................. ....... ..........S:.la additional bonds 10 5 11 4.5:9, Cost of the ,Work.......... ......11 54 definition of , ........1 ................ ....::...:.:1:fi _:.. delta cry of ........................................ ....2.1. 5A final Aplilicafion for Payment.,,,..,. 14a2-14:14 general .....: ....: -.... .......,1 10 5j-'5;3,.5,13„--. ....... ... Performance Payment and Other,,,, j Bonds+and Insurance --in general,.,,,;.., Builder's risk '"all risk" policy form .... Cancellation Provisions, Insurance ..... 5 4 11, 5:8 Cash Allowances - Certilwate of Substantial Completion,,, „ 1 3$ ....... ........ Certificates of Inspection,.., ,,.,,.9.13,4, 13.5, 14. Certificates of Insurance..,,,, 2.7, 3 3, 5A.1]. Cnsh All6wances ......................:.::..:.......11,8 claim for price adjustment 4 1, 4.2.6; 4.5 5.15„6,8.2, 9.4 105: 11.2, 13:9, ......, ,,;,.,, 13.1.3,. 13.14, 14.7. 15.1, 15.5 CON TRACTOR s fee..... .Cost -of the Work - general .. .............................. ....11.4- I 1 7' Exclusions to ,,,,, I 1 i$. ....... - Cost Records 11.7 in gcncral,,,; „)19, 1 44, 9 11„10 42, 10.4.3; 11 Lump Surn Pricng :....... ..:.....: . _ .........11:3.2. Notification'of Surety,............ -: „_., Scope of .....: :.... ....... ................10:S 10 3-10.4 Testing and Inspection, Uncoveringthe.Work, „.,:,...;.. :.........13:9 LkDC.GEM7tAL CoNDI''lONS t91o; 3 tI99a L• Diiioro w/ CITY OF FORT COLI.INS MODIFICATIM5 (MV 9/99) Unit Pricc Work 1.9 Article or Paragraph 'N'timber, Value of Work 1.3 Change in Contract Times-- Claimfor tines iidj'dstment... ..... 4. 1, 42.6, 4.3, 515, ............ 6.8Z 9 * 4 95, 9.11. 10.2-10.5. 12.L . ..... :13.91 13.13, 13.14, 14-7, 15.1, 15.5 Contractual time ............... ..... 112 Del"'NS4;Vond CO'-N1Tk-'A'CTO'- lls control....... ............. ......... 12-3 .................. Delays beyond OWNIER's and CONTRACTOR' 6"- t up Fol ............ 12.4 .................. Notification of surety;....... .............. 105 1, t' Scope of change ............ ........ -10.4 Acceptance 6MLfective Work I 13 Amendirig'Contract Documents,,,,,,,, , , 5 Cash Allowances 11.8 Change of Contract Pric'e ..................... .......I I Change of Contract Times 12 Changes -in the ........... I ................. ............ I - . CONTRACTOR's fee 11.6 Cost of the Work ........................... : ...... .... 11.4-11.7 Cost'Records 1 ]�7 definition of emerp 5ncies ................................. : ........ ........ 023 ENGTINEER!s responsibility ----- :-9 I I S. 10.4 1 1 1.2, 12.1 execution of:,,. 10.4 Indmnifiction ............... G 12 6.16, 6.31 r633 Insuran6c; Bonds and...._.. .................. 5JO, 5.13, 16.5 QWNTER may terminate .... _ ...................... 15.2-15:4 O%Vi\'EFVs Responsibility....,t ..... :. t..! ......... ..t,$.6. 10.4 PhvsieqLConditions- 4. 2 ties c....... 4.3.2 .......... ....................................4.3.2 ............... 6:119 ..................... ................... 6.7,3. 6.8-2 Unit Price Work, .................. .................. I .. L-9 value of Work, -covered by? ......... ........11.3 Chariges,in the Work ............ ........... ......... ...... 30 i,lotification of surety ......................................... V15 OWNTERs and CONTTRXCTORs responsibilities, ............ .......:....;..:.........,10.4 Right.tormadjustment................ .......... 10'.2 Scope of change ........................................ 10.3-10:4 Clafruis- against cONTRACI-OR .................... ....... 6, i-6 aginst GrNTEER .8 EN"N . , ... :,. � ............... 6.32 ....... I ..... I I against (MINER ................................................ 632 Cffanjje of. Contract Price. , , ...... 914. 111:2 Change of Ccntract Times ..... ......... 9:4, 12.1 CONTRACTORS ........... -A 1. 1; 9:4,05, 0:11, 1 0,2', .......................... 11,21 11.9. 12-1,,,13.9,,14.8,. 15.1. 15i5.17:3 GONTRAC TOWs Fee Article or Paragraph Number CONTRACTOWs li6bility..: ....... ,5.4_6: I'-)- G. 16, 6.31 Cost of the Work.,._ .......... 11.5 bects'ions 66 biqpufq.................. I ............ 9.11,9.12 Dispule'Resulution ......... .............. I I . . .;." .......... Dispute Resolution'Agreemeni ...... -.: 16.1-16.6 ENGINEER as initial interprelrir...._, 9-1.1 Lump,Sum Pricing ...... .................................. 1.3,2 Noti6e of ....... ........................... 17.3 -Z 1 . ......... OWNER's 10.2', . 11.2,11.9 ................. I.-JA, 13.9. 13.13. 13.14, 173 OWNYE-Ws lia6ility 5.5 MwERnia '-i k' re use to make payment,;,,,,,,,,, ..... 14.7 ,y Professional Fees and Court Costs Included 'rc�ques,t for faima I de' clistoil on ........................... 9.11 Substitute Items ............................................. 6.7.1.2 Time Extension 12.1 Time requirements ....... .....,1-1, 12.1 . 9 Unit'Price Work:,_._ Value of 11.3 WaiVCT 66-on Final pasimefit J4.14, 14.15 Work Change Directive ... .......•............... written notice 'requircd .......... 11, 1,1.2, 12) Clarifications,imil Interpretations,,, ......., p"63. 9.4, 9.11 Clearf Site ----- __ .............. _ .............................. -6:17 Codes of.Te ci 6 al Soc'i4-i:� Organization i - I hn� I . , rganization or Association ..................................... ...........3.33 Commencement of C6ritract'firnei 2.3 ................ Communications - general ..... ............. .......................... :0.2. 6.9.2, 8.1 Hazard Communication Progran'is ....... .......... 622 Completion -- Final Application for Payment .... ................ Final Inspection...... ................................ 14.11 Final Payinerii'and Accepituice_........ j 4.13-14.14 Partial Utilizution ................... ��-4 ........... 14'lo Substantial Completion .................. _�-1.38. 14.8-149 Waivci of Claims.... ........ : .................. 3A. 1,; Computation of Tim cs ............................... 17.2.1-IT2.2 6incernin:g' Subcontractors, Supp'liers- and Others............,....._ - ........................... 15.M.1 1 Conferences - initially acceptable schedules;,., .. ........... '2.9 preconstruction *..-....................................... 2.8 Conict, ,Ambiguriy, Drscrepacy-- �--IError,- CONTRACTOR to Report........ . ........... 2:5, 3.3.2 Consti-tiction. liefore starting by CONTRACTOR :27 .......... 5-2. Constru6tion Machinery, Equipment etc..................6.4 Continuing the Work ...................................... 6.29, 10A Amending, ......... ........ 1 .................... 3.5 Bonds. .......................................... ........... -5-1 UJO)COLNERAL CONDMONIS 1910-8 (1990 LDMON) w/ a OF FORT C61INS &l6r)ln(.A'noN9 W.V9/99:i 0 0 0 Cash, Allouancc.4.' Article orn6ragraph Number Change of Contract Price I I Change ,ofContract Times -12 r� Cfian�ges`inthe Work. o_i.... .... ........... 10.4-1 0.5 check and ve 'Fly .......................... .......... 15 ........ 'Clarificiiitibris,ard 3.2, 3 6, 9A, 9.11 definition of., ........ ............ ....... ........ 100 ENGINE hR as'initial interpreter 'of 9.11 F:f'T'Gl as O'W N' E'R's gencra13 Insuranco............................. ............................. �3 Intent ...................... I i4.4 ...... minor variations in the l4o F 3.6 .i,)WNFk's responsibility to furnish data.: 8:3 OWNEWs. rcspnnsibility to tnakc prompt payment ........ .................. 8-3, 14A, 14v13 ce pre6eden- .. - 1., 1­1 ... A. .... ­11.11 ................ 3- 1 3.3.3 Record Documents .... ..................... ...... Reference to St , and I ards,and Specifications� of.1'echnicA Societies ............... Related Alork ...I.N.... 'R'*e'%­o'iv 7.2 :* Report rig end trig screpkncies ......... 1- 53 , 3. Reuse_bf� ........... ............ I ..... : ....... 7 Supplem ............. 4 ................... Termination'of ENGME-Rstm'ploymeht.� : ........ 8.2 Unit Price Work ...........................I... ......11.0 variations, ................. ....................... �3. 6,423, 627 Visits to§iie� EM NIFFIN. .... --- : ........ .......... *' : .Contract Price-- iqjustment of,,,..;;,. .. 3:5. 4; 1. 9.4, 10.3, 1 L2-11.3 ChanCie of..: ......... ........ ......... a l D-ecision on Disputes ............... ......... ....... : ...... PA I definition of 11 Contract Timus-- adjustment oc 15r4; 1, 9.4, 10. 3, E-) Changeor,_, ...... ....... ............... ...12.1 '12.4 7 - Commencement of ........... ­ ... 1. 2.3 definition, q(: .............. .................. 1 1 1.12 CONTPj%CTOR- A68. eptance of'Insuifince ....... ........... ............... 5.14 Communications.... jI 6.2 6.9.2 Contiftui Work ;.f.j6.19, 10.4 coordination and schei.14i g ......... .......... (1.9.2 definition of,,,,,,,,,, ........... M­ ...... ...... .....,,,,,,,;I 13 Limited Relimice-on Technical Bata Auiboriz,d .......... ......... May Stop lVork or Te-n'n'jnate - ....... I ....... I ........... IS provide site access to others.... ............... ..... 7�2,,l 1,2 Safety.an'd Protwi . on ............. 181, ..................... ; ............. 6.21-6.23, 7.2, 13.2 Shop Draiwing and Sample Review Prior to Submittal: ............................ ........... 6-25 Stop Work icquircircnts .......... .............. A-5.2 CON TRAurows- Article or Paragraph Number Compensation ........ ......... 111-11.2 ....... Conti nuing ObI igat ion ...... .......... 44,0 4fecM,e Work. .... .................. 13.10-1114 Duty to coireet defective Work ... ............. s ... 13-11 Du�tyjo Report-- Cluinges in.the 'Mork caused by ­A'23. s in Work of Others ...... ..................... 7:3 ink conditions'.,.,,.....: ..... ................ 4.13 :pancy in Documents...._. _2A 3.3:2, 6.14.2 ground Facilities not indicated,,._.... 4.12 es 0-23 land *'i'\4'ic'*h*i"n**c6*� ...Rental; Cost Wort. ,, .... :..j .......... ............ 1.4.53 Plus ........................... 11 -4.5.6, 11.5. 1. 11'6 larranty� arid G uaTantie; ..................... 6-30 L 11 4 7 ............. I pment ................... Liability Irsuriuice, ..... : ............ ...... ;­ ....5.4 -Notice oflntent to Appeal 9,T0.10.4 obligation to perform and complete ................................. ................ _ 6:30 Patent -Fees I and Royalties, pair I I d foby .................. 6.12' Io erfrm ans ce and ther Bond. - I 1 - Bonds...;.,. .................. 5.1 1, 11 � - I Permits, pbtaine&and paid for by,,: ..... ...... �.Oz 13 Pro 4'2:�. . gre.ss Schedule....,-, 162% 6.6, ......... ;­ w.. ­; M 6,29, 10.4, 152A ,Request for formal Accisiorion, disputes ............ ;..9-11 in th Changcg'e Woflha . Changes I I k ....... ............... ............ ...... 6.8-6.11 .......... ...... 62L 104 ,rise 6.T 1 and Guarantee,--,, ........... ....... CONTRACTORs miew prim to'Shop Diawing or.Sampl6'subffii1ttil .... ..... j5.25 Coordination Work ................ ............ 69.2 -or EmerAcncics................ .............................. 15.23 ENIGINEER's e6aluittion; .Substitutes or "Or Equal" Items ...... ­6:1.3 For Acts and Out issions. 1 1 of Others...... ........... 6.9.1-6.9.2, 9.13 for ded,u6tible.amoun'ts.ifisuranc-e............ general,... ......... ...... M ........6, 7.2 7.3, 8 9 Ila I zardous; Communication'13,6gram*.: z�&-12 Indemnific2tion ................... I ........ 631 �6_33 . I '. _. . rjcwuLNcRAL CONDITIONS I'410-8 (i%lb E6hi0N1 W/'CITY bF FORT COLLINS M0T)1F16t0Nfi jREV M9) Labor, Materials and Equipment.... 6.3-6.5 CONTRACTORS -,other 7 • Laws and Regulations,,- 6.14 Contractual Liability Irisurancc _.,,. 5 4.10 Liability Insurance,,,,,,, .•....... ..,_..... 5.4 ContractualTime Limits . _ . ..... j 2.2 Article or Paragraph Ariiclaor Paragraph Noinbter Number Notice of variation from Contract Coordination -- Documents ......:....::......:..... 6.27 CONTRACTOR's,responsibility_;....... .......:,..6.9.2 _ Palest Pees`arid Royahies.,:,,;,,,,,,,,,,,,,,;; ,;6.12 Cap of D cuments..... .......................... .... ?:2 Perm it s,;.:;. 6.13 Correction Period _ .... . ..... . .............-. . _13.12 Progress Schedule_,,,,.., „ ........... 6:6 Correction; Removal or Acceptance Record Documents..._.. ....... ..A19 of,DgfzctheAV,ork-- related "Fork performed prior to in general ................................... 16 4.1,.1316-13.14 ENGINEER'S approi%al of required Acceptance ofDefechl e Work'... 13.13 submittals.......................................:...:6,25� Correction or Removal of safe structural loading. „_:6.18 De(ecli e Work., 6 3U 13.11 Safety and Protection ,, 6 20 7 2, 13.2 Correction Period .... „ _ „ , ...... 13.12 Safety Rcpresentativc .................... ... .. 6.21 (3WNIiR May Correct l)efeenve"bVork_13.14 Scheduling the Work .................... .....6.9.2 OWNER May Stop Work :.:.... ..............1.3.10 Shop larawi .gs and Samples;,,,,,,,,,,,,,,,,,,,,„ 6:24 'Cost_ Shop Dralvings.and Samples Review of Teslsand Inspections ,............. :: , . _. .... ;13.4 by ENGINEER ...... ......... „ _..;.. 626 Records11.7 Site Cleanliness:..:..._ :.......................::..._:: :17 Cost of the Work -- Submittal Procedures,,,,,,,,,,,,,,,,,,,*.......,.......6:25 Bonds and insurance, additional :.................. 14:4.5.9. Substitute Construction Methods Cush Discounts...,,,,, ............................. j 1.4.2 and Procedures .................................... 6.7.2 CON'I'RAurOR's Fee 11.6 Subslitute"s and "Or -,Equal" Items.............. ;62 Employee Expenses;.; , ....... Superintendence .,...............:..... ........6:2 Exclusions to ............ .................... 11,5 Supervision ...... ,. ......... _,..,6.1 General 11.4-.11.5 n n Sual of Obligations .... 6.34 Home office and overhead expenses .„., 11.5 Taxes ..................................................... ¢,15 Losses and damages. „ 11 4.5.6 • 1 casts and lhspCctions........ . .. ,--.13.5 Materials and�equipm6fit-_...... ..... .. 11.4.2 To Report._. .::......2:5 Minor expenses ................ .1 L4'S:S Use of Premises ...............:..6.16-6.1 S. 6.30.2:4 payroll costs on changes ... „ ;, _ ........11.4.1 Review Prior to Shop Drawing or performed by Subcontractors,;,., 11.43 Sample Submittal,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.... 6.25 Records 11.7 Right to adjustment for changes in the Work.....10..2 Rentals of construction equipment right to,claiin..... 4, 71, 9.4, 9:5, 9 11 lit 2J L? and machinery... ............. ..:..... .I ].4.5.3 ,,,,.•.,L1 9, 111, 13.9, 14.$, 15.1. 15:5, 17.3 Royaltypaymtcnts,- permitsand Safety.and Proiectron,..... : .....6.20-6.22. 7.2, 13.2 license fees ........................... .,,,11:4:5.5 Safety Representative.,,,,,. ........ .. .. .... 6.21 Site office and temporary facilities -. , ,,,,,,, 11.4.5.2 Shop Drhwingsand Sample's Subinittais „6:24-6 2S Spccial Consultants,. CONTRACTOR's............. 11.4.4 Special Consultants ,;.,_ . ,,..11-4.4 Supplemental ........ ,. ....... 11.4.5 Substitute Construction Methods and procedures,&7 Taxes related to'the Work._. ................11.4.5.4 Substitutes.and"Or-Equal"-Items. Tests: and Inspection ..,,,-,,, ................13.4 Expense ..... ...................... ................. 6:7:j, 6.7.2 Trade Discounts.....:.. ., ,... ............ :;....... 11.4.2 Subcontractors, Suppliers and'Others 6.S=6.J 1 Utilities; fuel and sanitary facilities ............ j 1.4.5`.7 Supervision and SuperintenIdence.........(0, 6:2, 6.21 Work alter regular ins.,;,.. ,........ - 11.4.1 Taxes, payment by.::....... (415 Covering Work ......... __-- ...... 13:6-13.7 Use of Premises .......:................................ 6.16-6.18 Cumulative Remedies ...................................... 17.4-17.5 Warranties and guarantees .................6.5, 6:30 Cutting. fitting and patching ............ ....... I................7.2 Warranty of Title .............. 14.3 Date, to be furnished by OWNER- , I........ $.3 icCqu RrtReport ti stop ork o terminate........153 oC D isp tes... awes 9' 2 DOR W f defiDmn ...... ........ .9111 and Physical Conditions ........................42.3 defective Work--- Substantial Completion:,-.._.....................:...14.S Acceptance of_....................._............,'10.4.1.13.13 6LNgY- AL CON01r10NS1910-$(1990 Immom. w/ r_JTYOF FORT CO1.I.TNS MODIFICATIONS (RFV9/99) • protected in place. The City believes the specified wall can be installed between the exposed pipes and the sidewalk. If a conflict is identified, the City will address it in the field and if warranted, a change order will be issued. 6. At STA 28 + 50 there is a 12" CMP that appears to be in conflict with the location of the proposed wall, is removal or relocation of this pipe incidental or associated with this bid? The 12" corrugated metal pipe is an abandoned irrigation lateral pipe and can be partially removed or left in place as required by the wall fabrication. Removal of any portion of this pipe will not be paid separately and is considered incidental to the installation of the block wall. 7. For the Bid Schedule Items # 214-10, 214-11, 214-12: what are the varieties of the plant materials in each item? The 214-10, 214-11, and 214-12 plant types are defined on plan sheet 66 and 68 on the Ripley designed parkways. The Ripley design sheets are the only locations for the shrubs, perennials, and ornamental grasses. 8. What is the specification for Dryland Seeding and Mulching? The dryland seed mix is defined on the bottom of plan sheet 68 of the plans: ■ Great Basin Wild Rye: 3 Ib/acre • ■ Green Needle Grass: 2 Ib/acre ■ Indian Rice Grass: 1 Ib/acre ■ Slender Wheat Grass: 2 Ib/acre ■ Thickspike Wheat Grass: 3 Ib/acre ■ Western Wheat Grass: 4 Ib/acre 9. What are the specifications for the aggregate materials associated with the retaining wall? (Granular leveling pad & Drainage) Per the Versa -Lock installation instructions, the granular leveling pad should consist of coarse -grained sand, gravel or crushed stone. The drainage aggregate is specified. as %" clear, free draining, angular aggregate. 10. There are several plant lists within the plan sheets. Which ones are correct? The plant list on plan sheet 79 and 82 do not apply to this project. The Ripley plant list on sheet 66 and 68 do apply for the plantings that are required on the Ripley design (sheets 66-68). The remaining trees are not tabulated in the plans, but they are accounted for on the bid tab. The bid tab has the correct number and types of trees anticipated on this project. Shrubs, ornamental grasses, and perennials types are correctly quantified and identified on the Ripley design (plan sheets 66 & 68). 0 0 0 0 Correction or Removal of 10.4.1, 13.11 ,correction Period._... 3., 12 in general ................................... ...... 13;,14.7. 1411 Article or Paragraph . I '31,Turti6 Observaiciii by ENGINEER ................................ 9.2 OWNER My Stop Work May .. I ­ I _. ...... 1-1 13.10 ............ - ... ­ I PromptNotice ofDefeclk ......... ............... _:13.1 ................ ........ 9_6 Uncovering.'the Worly ............. .......................... 13.8 ons Definiti " . .. . ................................... ........... .............. Delays ........................................ U. 6.29, 123-12.4 2.1 Delivery of certificates of in'sui-iince, ........ ...... :,21.7 Determ inatioris for Unit Pric6* .................... 1.2.3 'uments ........ Change..._, ......... 1 ......;.., .......... .2... ..... 45 .. rneg Adjustments,,,. ......... _4.2.6 and Resolving_._ . ; ................ 4 ........ 2:5. 3,12i 6114,2 Dispute Resolution-- ,6greenicrit .................. 11 ............ I ...... ... )6)1A6:6 Arbitration ............ .. ................................ 1.6.6 1�6. 1 = 16.6 1 EE R ....... 9.11-9.12 . .... .......2:2 ........................ 10. Reuscof. ..... .......................... _I.3:7 Drawings -;definition of .................. Easements ............... ........... It .......... : ....... M 4;1 Effective date of Agreement definition q[. Fmrgcncics ........... ........................................... .... 6-13 ENGINEER_ as initial interpreter on disputos.­ definition of .......................... ­w ........ ­; .... 1.17 Limitations on auth6iiiyand respo'nsibiliiic.s ;.:9.13 Replacement of,..:_ 8.2 Resident Prcj&t'R6pr�sentativ'c ............. . ENGINEE;Consultant dM efmiti*of­­ R I s . .......... iA ENGINEER's-, authority qnd responsibility, limitations on . ...... 9.13 Authorized Variations in the W-crk, .......... �: ...... �..,9.5 Change Orders, resP onsibility for ....... 0.7, 16, 11, 12 Clarificati6nn and Interpretations .............. ,3.6.3_9.4 Decisions an Disputes ............ I ............. 9. 11 ;9: 12 ciefective Work, notice of ......................... ....... 13.1 ,Eviiiluation of Substitute Items ......... Liab ility .................. ............................. t..63'2, 9.12 NTO. tic . e Work is -Acceptable ...... .................... 1 .1 1 4 . ; 1 .3 6bservations ... ................... I ............. 6 ... .30 1 .2,9.2 (O WNER's Represcntativ_c 9.1 Payments to the CONTRAOM, Responsibility for, 9.9. 14 Recdmm&ridat_K)n,6fPi),mEnt .............. .. :.J4:41' 14.13 ,Article or Paragraph Number Responsibilities --Limitations on 9.11-9.13. Re'vi6v'of Rejp6rls on Differing Subsurface and,Physiciil ............42.4' Shop, Drawings an, d`saraples, revie% v res onsibility - , ..... ::t ........ t,.; p . , I ..,...... .......... ...... �5.26 1 . St . atus During Canstruetior­ al4ti-16OZed variations in the Work, ................ P-5 Clarifications and Interpretation.s .................... 9.4 Decisions on Disputest, ..... 2 ... 1 ...... 1.9-11-9,12 Determinations on Unit Price 9.10 FNIGINTEFR,as Initial Interpreter --------- 9.11-9.12 ENGTNTEFR'Spo Resnsibilities: ................ ' 9.1-9.12 Limitations o'n-�-'.N-G71,NRP.R's Authority and k4onsibili,tie4 ....... ........ ...... 13 MNr_-R,s Reprmntiitivc ......... ...... ............ Project kcprcsentattve..t. 9:3 Rejecting Defective Work ............. I ................. ShopIDra��inigs, Change Orders and paymen . tg................... ............. ...,9.7-9-9 Visits tb,sitc ........ ............. , ................ 9.2 Unit Pricc,dctcrminatiuns ...... ........ W�i_;t ........... Visits to Site Writtcn'consent required ................. I ............ 9.1 Equipment, Labor, Materials.and, ........................ 0.3-6.5 fiqqipmcnt -rental, Cost of the Work_.._ ..... .. 11.4.5.3 Equivalent Materials and Equipment_., 1 ................. .6.7 error or ornissiun§, ........... ................ I :....:633 Evidence Arrangements„. Fxplgrations,of physical,conditions ................ 4.2. 1 Fee,, CQNTRACTORs--Costs Plus, ......... ............. I,- JI-6 ......... - ................ ...... JI-19 issued by ENGINEER;,,, ........... Final Application 'for "Payment .......... : .................. _1�1.12 Final Inspection ......... .......... ........ .... J4.11 Final Payment - and Acceptance,- .................................. 14.13;14.14 Prior to, for cash 2116mrices 115 General IY6visions, 17.3-17.4 General Re uirements Aefinition of ..............................................I ...... 1,201 principal references tq, 6, 6.4,616-6:7; 6,24 GivingNotice; 17.1 Guarinite6 of kVorl by CONTRACTOR.. 4:12 Hazard C ,ommuriication Programs,,,,,,, . .................. 6.22 14aza'rd6ust Waste;-. ,definition ,general .................. ................ ..a s 'OWNER's.rdo siwityfor� .... � .s:p,n ....... ; ................ 9.10 Li6i)c.(jLNLR'AL c6m)r6o?4s'i91o.s o0o ubi-hom wi'dw of rontouw moDtFicA'110kS (RFV M9) Indcmnificanan...... 6.12 616-631-6.33 Insurance 5;3 • Initially AcceptablcI96cdulcs,_,,,,,,,, 2:9 I'icceilcncc , , 3.1 3 3.3 Inspection--. Reference to ........................................_ .......... Certificates of,,..........................9.13.4,133, 14.12- Snfet pnd Protection.................... ; 620 13.2 Final .............................................14.11 Subconlraciors, Suppliers.and Others .........;6:5=6.11' Article or paragraph Numbcr Special, required byENGrNEER,,...... ....... 9.6 Tests fold Approval ...... :................... S 7, 13:3=13.4 Insurance — Acceptance of, by OWNER,: ......... .. . :..........::5.14 Additional, required by changes !n the Work ......... ......... .....1 Before starting the :Work ................... ......... 2j Bonds.and--in general .....................:...::::..:......:... $. Cancellation Provisions,... ........ ,..: ..............:8 Gcrttficates of .............. 2 7, 5,.5.3, �A.11, S.a.1.1, ................. i.tS 5, 5.8, 5.14, 9,13.4, 14.12- completed operetlons........ . ............. .....5:4.13 CONTRACTOR's Liability ..................... .........5.4 CONTRACTOR's'objection to coverage ;,,,,,,,,,,,,5.14 Contractual Liability.., ...;;............... ..5.4.10 deductible amounts, CONI RACI'OR's responsibility ...... :........................... :........ :? 9 Final Application for Payment ... I ........ ,,, ........ 14a2 Licensed Insurers ............................. . ..........5.3, Notice requirements, material changes,,,,... 5X 10:5 Option to Replace ......, .. .......... other special insurances,,,,,,,,,,,,,,,,,,,,, ,,,, 4.10 OWNER as fiduciary for insureds,,,,,, 5.12.5.13 OWNF R'sLiability........................................... .5 OWNER's Responsibility ................................... 5:5 Partial Utilization. Property Insurance 5: 15 Property........: ......... ...... ....... 5 6 5.10 Receipt and Application of Insurance Proceeds:............................................12-5.13 5 Special Insurance:.. ......:............... . ...........5.10 Waiver of Rivhls.... . .................................... 5A I Intent ofContraci Documents_, .......: „3.1-3:4 Interpretations and,Ciarifications , ... .... .„-„}.63. 9.4 lnv�stigations of,physical coiiditionq........ M ......:,4:2 Labor, It4atcrials and Equipment„ ......................... . _3-6:5 1 ands=:. and Easements .................................................. $A Availability of.,, .... ,, .................. ........4 1 8.4 Reports and Tests ... :......:....... .......... I ...... .,.. ....... ,8.4 Laws and Regulations--Liws or Regulations— Bonds . ...... :. ....:... ............. :. ,...:5-l-5:2, Changes in'thc Work,,,,,,, ,,% ,,,,,,,,,, 164 Contract Documents ......................... .........:3.1 CON TRACTOR'sResponsibilities .................... 6.14 Correction Pcriod, dejeclire Work,:,.... ....13,12 Cost of the Worlc, taxes.......: ..... .......11;45A :definition of.............. .................. ........1:22 genera l6 _l4 Indcmni f cation ............ ........................... 6.31-6:33 z. Article.or Paragraph Number Tests and Inspcctions „..... , ;.......... : 13,5 Use of Premises,,; 6.16 Visits(o Site......._ .............. . _...9.2 liability Insurance-- CONTRAGTOR's ................................. 5.4 OWNER'S .................................. ? S Licensed Sureties and Insurers 5.3 Liens-- Application for Progress Payment ................. 14.2 CON7'RAC;I'C5R's'Warrantyof'fttic „14.3 Fin!]ApplicationforPaymcnt,,, „,14;12 definition of .................... ............... ......... 1:23 ..... Waiver of Claims, .........::.. ...:........14 15 Limitations on ENGINEER's authority and 'responsibltLes ..;: ........ I ........ 9•li Limited Rcliance.by CONI RACTOR Authorized .:::....... .. . 42. Maintenance and Operating Manuals' Final Application for Payment,,,,,,,,,,,,,,,,,,,,:,„ 14.12 Manuals (of others) -- Precedence ......................................... 33.3.1 Reference to ili Contract Documents ........ 3.33 Materials and equipment-- fumishcd by CONTRACTOR................................. -3. not incorporated in Wort ......... ............ I .....14.2 Materials or equipment --equivalent ........ ......6;7 Mediation (Optional);,,, ........................................... 7 Milestones --definition of......................:.................1.24 Miscellaneous -- Computation of Times. ........................ , .....17.2 Cumulative Remedies, ..... .......... .............. ....17.4 Giving,, Notice ...... .... .................... _,17.1 Notice of Claim :........... .:..:................... Professional Fees mitt Court Costs Included .....17.3 17.5 Multi-primecontracts....... .......... ........ 7 Not Shown or Indicated,,,,,, ,,, , g.9.2 'IQoticeoG - Acceptability of Project ;,,,, ,, Award, definition of.........................................125 Claim............................................................17.3 Defectsl3.l biffering'SubsurNec or Phvsical Conditions_,_„ai2.3 Giving ........ ...:.:............. :...................... ::,17.1 Tests,and Inspections ........ ,.............13.3 Variation, Shop Drawing'and Sample ........ ......4:27 Notice to Proceed- definition of,,,,;,,,,,;,;;,,,,, .......1.26 .......:.....:.............. givingof ........................................................... 2.3 LJCDC GLNEICAL CONDITIONS 1910.8 0990 EDiI'IOI ) IV/ CITY.OF FORT COLLiNS.MODIFICATIOA'S (RHV;9/99) • Notification to Surety .f._......... ......_ .10.5 Observations, by F;NGINIFFR..... ;. _ , 630, 9.2 Occupancy of the Work ................ 5.15,;6.30.2.4,-14.10 Omrssions,or'actsbyCONTRACTOR ....:...:...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 OWNF'R-- Acceptance of defective Work..........................1,3,13 appoint an ENGINEER.........::..::.,,...,,,,...:...,,,..:8.2 as fiduciary .... ........................ ........... ..:.:...?.12-5.13 Availability of Land;, iesponslbility,,,;,,, 4:1 definition of,,,,.„ 127 data, furnish..__ .................. ....................... .... ..:$:3 May Correct Defective Work...........................13,14 May refuse to make payment.............................14.1 May Stop the Work ........ :............ .:...... ....... .:....13.10 May Suspend Work, Terininate .......... .....:.:...... _ $:$. I3.10. 15.1, I.5;4 Payment, make.prompt....................:$ 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 ........ ._.... ............ 6.30.2:5 Change Orders; obligationto ceecut H 6, 10.4 • Communications................................................ S..I Coordination,of the \Mork Z4 Disputes, request for decision,,,-,......: ..,,9.11. Inspections, tests and approval; $.7, 13.4 Liability Insurance,............,; ..... .,.,,;;55 Notice of Defects..............................................1.3.1 Representative -During Construction, ENGINFWs Status 4.1. Responsibilities- ' -Asbestos. PCBs, Petroleum, Hazardous Waste or Radiaictive Material - 8.10 Change Orders, ............................................. 8.6 Changes in the Work......... ......................... :10,1 communications Ra CONTRAOTORs responsibiliiies..................:8.9 evidence of financial arrangements.,,.........., JAI inspections, tests and approvals..;;,,,.,,,,,,,,,,,, ,8.7 insurance . S.5 lands and easements., prompt payment by ........ .............. ....... ...... _8.3 replacement of ENGINEER ............ ............... 53 reports and tests.........:..................................8:3 stop or suspend Work,,,,,;,,,,,,,,,, ;8:8, 13,10, 15.1 terminate CONTRACTORs services.: _ .:..:....:....:.:.:..::....:.:..:::::. 5:8,'15.2 separate representative at sitg ............................. 9:3 0 testing; independent.-, ...................... ...13.4 use or occupancy of the Work 5.15, 6:36:2.4. 14.10 written coitsanl or approval required ...... ...........9a, 6:3. 11.4 rjuic otiNaut, CONDInONS 1910-8 (100 EDIT10m w/ OT1" OF FORT COUI S MODIFICATIONS (REV 9/99) Article or Paragraph Article or Paragraph is NuImber Number writtcnriotice requiied­ .................... ;.;, 7.11'.9.4, 9. 1-1, ......... I ....................... 112, 119, 147, 15A PCBs-- d4nition of ........ ........ . ............. .1.29 general................................ ............................. 4:5 OWINI;R's resp . onsibllity for,,,,,,,,,,,,,,„, ,;,;- .. ..... MO a - ,Prtial Utilizatioh-- definition of ......... I ........... ....... ' r- I . ,gene a .2.4. 14-10 I Property Insurance...-,--, ....... : .............. ...... k� ....... 5.15 Patent Fees and Royalties ........................................ 6.12 N!iiieiit Bands -.. ........ : ................... ................. 5. 1-5.2 Payments; Recommendation of .... 1.4.4-14-7, 14.13 I Payments to CON TRACTOR a nd Completion --I Application for ProgressFaymerIts ....... ........ 4.2 coN7TRACTORIs Warrariiy of T It'le 14.3 Final Application For Nyinent: ...... ................. 14.12 I Final Inspection .................. ..................... ...... 14.11 Final -Payment and acceptance...... ........ 14,13-14.14 general� ............................... I., ......... ............ 8.3,14 Piiirtial Utilization .. ..... ............................14.10 Retainage.......................................................... ! 4.2 Review of Appli6itions for Nrogresq Payments ...... ............... 14.4-i4.1 prompt payment.,- ........ ­ ......................... ... 8.3 Schedule,of Values..--- ........................ 1­1­1.14. 1 SubstantialCompletion ............... .............. 14.844.9 Waiver of Claims ...................... ...................... 14. 1�5 when,payments due ........ ......... ............. 14.4, 14.13 withholding payment , 14.7 Performaric . e "ds; ............ 1-5.2 Permits........ I ......... ............................... 13 Petroleum-, defini tion of general... ................................. : .......................... 4.5 OWNER's responsibility for. -,-..I .......................... 8. 10 Physical Conditions-- firawings of, in or relatin to ......................... 4.�_. 1.2 ENCTTNFFR's revi6v ...... i ........... ............... 4.2.4 .................................... 2.2 .......4 .:. general4-2.1.2 ........ .......................... ....................... Notice of Differing Subsurface or.....................4.2.3 ss Possible Contract Documents Change,- ...... ..... 4.2.5 Possible Price and Times Adjustments, ..... 1.2fi Reports and Drawings ....................... .......... 42:1 Subsurface 0_.�.... and ................... .1 ...... _.4.2 Subsurface Conditions 4.2.1.1 Technical Data, Limite Miatioc by CONTRAC'TOR Authorized ........ 4.2.2 Un&rground Facilities-, gencral ........................................ .." M ............... 4� Noil Shown or Indicaed ..............................4.33 Protection of. .............. ; ..................... I .... 4-3,6-20 'Shoivn or Indicated.,-, ........... Technical Data Preconstrirctioit"Confeience Conference,,,,,,,,,,,,, ; ...... ....... 2.8 Preliminary Matters ....................... ........ I ........ 21 Preliminary Schedulc5 ................................................ _Y6 Premisest Use of 6.16-.'6.19 Price, -Change ;.,. , , � - - . . .... ........... ........ of Contract% i� . .: . : I I Price_Contiact--'d6finiti6n of,,,, ,,_ .................... Lil. Progress Paymierit. , Applications f0v ........ _ ............... 14-2 Progress Payment--rctainagq,, --- I- ............. ....... 14.2 Progress schedule, CO'NTRACTdR ............... 2.6, 2AS, 2-9, .......... ..................... ; '6i6,16.29. 110.4. 15.2.1 Project -definition of--_ ............. .................1.31 Project -Re presentative-- ) NGINELRsStatus During Construct ion .. .... .... 9.3 Project Re r6sen I Wive; kcsident--definition of 1.33 Prompt payment by,PWNFR, ......... .............. 83 Property lnsurance­ Additional ..... ....... ........................................... 5.7 general5.6-5:10. Partial Utilization-". ......... "::..5.15 , 14.10.2 rcc4t and application of pr6cceds .............. 5.12d5, 13 Prowii:tiori, -Safety and ....................... ..... 6.26 6.21, 112 Punch I ist ................... I ............. I 4.,l I Padiontiv� e Materiai­ defintion of ....................................................... 1.32 OWNER'S responsibility for;,-, ................. $..10 Recorii.m.endat.ion of Payment, ................ 14.41 14:5, 14.13 Record Documents 6.14, 14.12 I . . I - . ................ : ......................... Records, procedures.for maintaining, .......... ......... Reference Points ...... ........ ................. 4.4 Reference to Standards and Specifications of Technical Socicucs................. I ..... 33 Regulations, Laws and,(or) .............. a -,,...I. ......6.,14 Rc�jccting 13zfecfiye Work ..................... 9.6 Related Work -- at Site' ...... ......... ; ...... and Saniples'submittals review ...... ; .............. 6.28 ROe.clies. cuiRulative.; ....... ; ............ .....1741, 17..5 Removal or Corrcction ofDifechiv Work .............. J3.11 rental agfecmefits;01VINER. approval required, ... 11.41.5.3 replaremmt of ENGINEER, by -OWNER ............... ; 8.2 Reporting,and R,cs.olv,ing Discrepancies ......................... ..... 2.5,-3,3.2; 6.14.-2 Reports-- ,and Drawings ............................ ......... .......... 4_11 and Tests. 011INO2's resporisibitiiy ............ $A Resident and Project Representative— -derifiition of .... ................ ....................... ;, L 33 provisionfor ......................... ;.: ....................... : .......... ?.3 L'Imr, (;LNEkkh CONDITIONS' 1910 -8 (199 1 0 EM-1 nOM %vI Off OF FORT COLLINS MODIFICATIONS (REV 0991 • r] L 0 9 Article or -Paragraph Number Article or'Paragraph Number Resident, Superintendent, CONTRACT.OR's•„ 6 2 Responsibilities-= CONTRACTOR! s-in,genera l,,; „ 6 ENG1NE'ER's lmgeneral ::::...... ...:.. 9 Limitations on, , 913 OWNER's-in;general ,, S Retainage _, ...,. L4?` Rcusc of Documcuts..... ......... .,..... ..--:.. 3.7 Review by CONERACTOR: Shop Drawings Mind. SiimOles_Prior.t.6Submiltal ....... .: .......:b 25 Review of Applications for Progress Payments .......................... ......., ..14A 1417 Right to an adjustment, ........ , .............. IQ.2 Rights of Way ........ .. ... ...._.. ....a 1 Roynitics; Patent Fccs'and....:.:... .:.:.:.: ....... ,Ci 12 Safe Structural Loading .. ......................... ....619 Safety :and Protection_,,..,,, • ,, :.... , 4 3 2, 6.16, 6.1 S, ...., ...:... G 20-6:21 7.2, 13.2 general ............................................... 6. 2042`3' Rcpr6cntati6e, Cn\*fRACTnR s ;....... ....... G 21 .Samples -- definition of .......................................... .....::1 3I general ............ I ..... . ......... .......... 6 24-6.28 Review by CONTRtNCTOR....: .._,..., 6:25 Review liy ENGINFt }2 ......... . ......... 6.26, 6.27 related Wort ............................ ¢.38 submittal of ................... 6 24 2 submittal procedures ......................... .......... ......6.25. Schedule of progress;,, ...................... ..... .... 2 6. 2:8-2 9, 6 6, ........ .. ..... .... ..6.29; 10A. I5 A Schcduloof Shop Drawing and Sample Submittals .26 2.8-2,9, 6:24-6.2S Schedule of Ualucs,,... ,. ...... ,...,. 2 6 2`8-2'9, 14.1 to .. ; .... .....4 6 �oniractTimcg,,;;;, ceptablr................ 6, ................. ................. Scope of Changes . ............................... ... — 10 3-10A SubslirfaOC Conditions.. _.......... ---4:2.1.1 ....::...... Shop Dratt•ings— and'Samples, general ....................... ::....... 6.24-6.28 Change_Orders_3: Applications for Paynicnts,.and.................... I ....... definilion,of :...:.:. ..1,......................... FNG`INFER's.approval of. ........................ I .... 5.fi 2. ENGINEER's responsibility for review .....:................. ....... 9:7, 6.24-6,28 related Wort . ..................................................._1128: review procedures'„ ,,,,,,,,., ... 2.8 G 24-G 28 submittal required ,..... ..,:j6 Submit{al Procedures,.:, ................... 5 :........6i2 u toapproicaubstitutions _,,_,,_ 6.7;3 Sho,u wn or Indicated 4 3:1 Site Access 7 13..o_ �, Site C leanliness .:....:.. _: . . C: l7 by ENGINEER ............ ........ ....9.2,13.2 by others: ..... ...... ........... ..._ . :....::.,13.2 special causes of loss" policy form, msurana ....... ....... ...... .6.2 definition'oC , •_;, ,;,. „_ 1.36 definition of .......................... ...........1,36 of Technical Societiesi.reference to 3:3:I precedence. .... .... ........: .:.....:.:. '3:3 Standards,and Specifications of Technical Societies 3>3 Starting Construction, Before ...... ........... 1 15,18 Starting the Wok ........... .... ... ... 2:4 .Stop or ;Suspend Work -- by CONTRACTOR .:,.: ... ..............15 5 bv, OWNER ,......... ....::.: 8:8, 13.10, 15.1 Sforuge of materials and equipment; ... 41 7.? Structural Loading, Safety:.................. ... ,;6.18 Subcontractor - Concerning,,,,,,,,,,,,,,..... ............. ......,6.8=6:11 definition of . 1.37 delays ................ 123 weiver of rights ::::........:..::.:...............:..6.11 Subcontractors=-mgeneral„ ...... Subcontracts --required provisions „�.I1, 6'11;11.4.3 bits foi-Paym6rit 14.2 ince and Operation Manuals 14.12 JS..........:..... Schedules,;,.,, _.: of 1 llllucs.:.... ........ ........:2 6,_1 4.I of Shop Drawirigs and Smilples Suhin fissions :........................ _,::.....::2,62.8-2.9 Shop Drawings ..................,:.................. 6:24-6.28 Substantial Completion -- certification 6 ........, ........6 30.23, 14.8-14.9 definition of ....... .....: 1.3$ ....... Substitute; Constnictton'Methbas or Procedures ...... .Substitutes and''Or Equal" Items__,,._,,,_ '6.7 CONTRACTOR'sExpense, ,,,,,:„ ......,,,¢.7.L3 RNGINFF R's. Evaluation 6. T3 .... Or -Equal": ......... ..... 'Substitute Construction Methods EJCDC,GENERAL 'CON iitonsI9iq-sp99ottiirior� W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Tem porary construcii6n , facilities A: I Article or Paragraph Article or Paragraph Number Number or, Procedures.:.., .... ........... : ................... 7.2 Terniinati6n­ substitute Items �6:7 CONTRACTOR,,,,,,,;;, b ' ' ly TRACTOR 15.5 Subsurface and Physical Conditions- by, W'�N'lk * ........ ..... .....oyin............... Y.8� 15.1-15.4 PruIvings.of. in or relatjjg ................ :4.2.1.2 emp L)IFIHNOiNEER's I efit ...... ENGINEI!R`s Revi6w ...... .........................4 2 4 Susperision,6f Woirk"in general.. generEkll ...... ...... .. ...... 4.2 Terms and Adjeciivcs, ....... ...... ................ 3A Limited Reliance by CONTRACTOR Tests and Inspections— Tests Authorized-,-,.. . ............ "._: .................... : ... 4:2.2 Access to the Work, by others Access, others.:..:....:.:....:....:... I ................................ 13.2 Notice of Differing Subsurface or .", _. I CONTRACTOR's responsibilities,,,,,,,,,,,,,, „_1 15 Physsici-al Qonditiofis.... ............... ....... ........ 412.3 cost of -13.4 Physical Conditions:,., ................................... 4.2.1:2 covering , Work prior to,,,,,,,,,,,,,,,,,,,. ,,,, ,,.,13.6-137 Possible Contract Documents Change,,, ..1;2.5 'La\vs and Regulations (or),,,,,;, 13.5 Possible Price andTimes Adjustmerills ................ 4.2.6 Notice of Defects,,,....,.,........,. ­­ ..... 13.1 .... ... Reports and brawing� ...................................... 4,2.1 t OXV tMay Stp oWork,,,,,,,, ....... ....... I j:1,0 Subsurface and,,....... ........... 4.2 OWNER's independent testin � .1 . . _ g ........... 13A ............... . Subsurface Conditions at the Site, , I ...... 2. 1 - I 1. I special, required by FNGINFFR ........ ...... 9A. Technical Data., .... .................... . 4.2.2 timely:notice. required .............. 13.4 Supervision-- Uncovering th6Work, at ENIGINEERs CONTRACTORs,rqponsibility .. ............... request ... ....... : ........... 6wi4tikshalf not supervise ....................... .......... 8.9 TImes-- FNGrNFFR shall not supervise ................ 9.2;9.132 Adjusting.,,14 ..;........I........,.:,. ............... �.6 Superintendence .... ... ................................. 6.2 Change of Contract ......... ..................... ............ Stiperinitendent, CONTTRACTOles resident ................ 0.2 Computati6h of .................. ........ A ...... .... 17.2 Supplemental costs 11.4.5 Contract Times --definition of, ­F J. 12 Supplementary Conditions— day ........... ............. ......................... ------ 1.7_2:�2 defi6itionof 1.39 Milestones J2 ...... ...... : ....................................... Principal references to ................. ).10, 1. 18, 2.21 2,. 7, .......................................................... Acquirements- ...................... _4-2, 4_3�, 50, 53, -, 5_.4� 5059 11 appeals . . ­� ......................... ......... 16 ...... 5.11, 6.8, 6.13, 7; 4, 8.11, 9.3, 9.10 clarifications, Supplementing Contract Documents,,,,,_,,, .... „3.6 claims and disputes,.,,,, 11.112 Supplier-- Commencement of Contract Times--- „-2;3`. definition of ... I ................... ; ........................... J-10 ilrecon%truction Conference ............................ 2.8 principal refirences to .......... !.3.7, 6:5, 6.9-6.11, 6110, schedules ............... 2.6, 2.9, (,.,6 .......... ........... �J.24_9.13, 14.112 Starting the-Woi&k .............. .............. I ............. -2.4 'Waiver ofRigfits.............................................. I I Title, Warrant), Of .... ........... 'Work:.,...::. ............ ­ ....143 Surety- Uncovering .... -hysical ........ .... 13.8-13.9 consent*to.fmal payment;,,;, .......... ..... .... 1412, 14.14 Underground Facilities, Conditions-- , Cl4GT_NEFR ha's no du*t-y t`0' ............... I ............... §.13 definidon,iI f ................. .................... .......... i..1.41 Notification of :10.1. ............................ 10.5, . 15:2 Not Shown or lndic�a , ted ......... ....................... 4.3.2 . qtailification of.. .....51-5:3 protectioof............................... ..4;V6.20 Suii,ival of Obliustims ......................... ................*.... ....... 1. �6.34 Sfioxvif or Indi6ated ........ I .......................... ......4.3.1 Susp c-'nd Work. � OMNIT-ER"Mii), .......................... . . 13.10. 154 W Unit Price ork- Suspension o[Work and Termination--,... . I ...... 15 claims ................ ...................... .................. 11. 9,3 coNiTkAdOR- lvtiyStoi Work definition of .......... .......... M ............... :_ ........... 1,42 or Terminate,_: .............. ......... ................ 15.5 general 11.9, 14.1. 14.5 OWNP k May Suspcnd Work......, .......... ............ 1- 5 1 :1 Unit Prices -- OWNER May . Terrfiifiate.-,.. ..................... general 11.3.1 Tnxes--Payment bv CONTRACT OR ........................C15 Determination for;, ........, ; ........................ ;9. to Technical Use of Premises ..... 6. 1 18; 630141. Limited Reliance ky CONTR . ACTOR . ....... ........ q:2.2 Utility owners .......................... _,6J3, 6.20, 71-7.3, 13.2, Possible Price' and Times Adjustmen . ts.. UfiliAtiO irl,pitiial., .................. 1.29" 5.15, 6.30-2-4, 14. 10 Reports g g(Diffiir - inSubsurface and 1 1 - � - ValueoftheWor....... I .......... ; ........................... I . " 113 Physical Conditions_ ................................. 4.2.3 Values, Schedule of.................... 2.6. 2.8-2;9. 14.1 'Xiv LJCDC 6ENERAL CONDITIONS 1910-8 (1990 LDITION) w/aw & rmT COLLINS FMDIMCATKYNIS (RF.V 9M� �j 0 0 0 Variations in Work --Minor Authorized.:......_.........:_ :.... ........... 6.27; 93 Article or Paragraph Number Visits to Site --by ENGINEER:.„....: ................. ......... 9,2 Waiver of Claims --on Final Payment., ............. ..... 14.15 Waiver of Rights by insured partics 6.11 Warranty and Guarantee, General --by CONTRACTOR 630 Warranty of Title, CONTRACTOR'S .......... .......... 14.3 Work -- Access to ............................................................ 1312 byothers ............. ....................... ­ ........................ 7 Changes in the..._ :. ............................................. 10 ,Continuing the ...................... ........................... 6.29 CONTRACTOR May Siop Work or Terminate....::._:.... 5.5 Coordination of ................................ ................ 7A Cost of the .................................. 1,4-11.5 definition of ............. A ........................................ I.A 3 neglected by CONTRACTOR ... .............. 13-14 other Work : 7 OWNT- R May Stop Work ..... ...... : ---------- 1110 OWNER May Suspend Work ................... j3.10, 15.1 Related, Work,at Site ....... I ............................. 7 .1-7.3 .Starting the,. : ............ .......................... 2A ................. Stopping by CONTRACTOR ............................ . 15.5 Stopping by OWNER ............. I ... ........ i 5 .* 1- 15.4 Variation and deviation authorized, minor ........... 3.6 Work Change Directwe-- claims pursuant to,,,,,,,,,,,,,,,,, ................... 0.2 definition of....... ................................................. 1.44 � I principal references to ................... _:15.3, 10.1-10.2 Written Amendment — definition of..,,.;-.. ... ....... .......... 1.45 principal references to .............. 1.16,15, 5.16,1512, ........ ............... k:G.2, 6.8,2, 6.19, 10.1, 10.4, ............................ Al.2, 121, 13-12.2, 14J.2 Written Clarifications and Interpretations : ...................... ............ 3.6.3. 9.4, 9.11 Written Notice Required— byrCONTRAC.7OR ............................ 7.1, 9.10-9,11, 10.4, 11.2, 12.1 by OWNHR..� ................... 9. 10-9. 11, 10.4, 11.2, 13.14 w ,rJCEC GENLRAL CONDITIONS 191M (1990 L61-nom WICITY OF FORT COLLINS MODIFICATIONS (REV 91991 crhis page left blank intentionally) .mi EICDC GENERAL CONDITIONS 1910-8 (1996 EDITION) w/CITYOFFORT.COI.I.M. MODIFICATIONS(REV9199) • 0 • 0 0 GENERAL CONDITIONS ARTICLE 1-DFIT.NMONS Mierever usedin these GeneiaLCoiiditions orin the other Contrail Documents the following terms have the mca^'"� Taicated'which are applimble,to both'the singular aiO plural thereof. 1.1.. Addenda-Aktritten ,or graphic m&ninients issued prior to the opening of Bids which clarify, correct or change- the Bidding Requirements or 'the Contract [)ocumcnts. 1.2. Agr &74nt=The written contract between OIVNER and ;CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agreement a d.made a part thereof isprovided t} eizm 1.3. Application for Payrirenj-'Fhe form accepted by ENGII3EER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such :supporting documentation as is. required by ihc.Contract Documents.. 1.4. Asbestos, -Any material that contains more dean one percentasbcstos and is friable` or is rclea'sing asbestos fibers into the air above current action levels establkhed.hy the United States Occupational Safety and Health Administration. l r5. Rid -The Ace or proposal of die bidder submitted on the prescribed Form settirig'forth the prices for the Wort: to be performed. 1.6. Bidthrrg Ddciarrenfs-The advertisement; or invitation to Bid,instructions to bidders, the Bid ;form, 'and the proposed. Contract Doouthents (including all Addenda issued prior to receipt of Bids)- 1.Z Ridding Requirements -The -advertisement or invitation to Bid, instructions to bidders, and the Bid Corm, Bonds -Performance and Payirent bonds -and other instruments of security. Change Order -A 8ocument, recommended, 'by OgGINTEER which is signet) by CONTRACTOR and OWNER and authorizes an addition. deletion or revision in -the Work, or an adjustment in *the Contract Price or. the, Contract Times, issued on or after,the Effective Dateof the Agreement 1:10. :Contract Documents -The Agreement, .Addaitda (tvhich, pertain to- the 'Contract Documents), CONfRACI'OR's Bid (including documentation accompanying the_ Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an -exhibit to the Agrecmcm; the. Notice to Piocced, the Bonds,. these General. Conditions, the Supplementary Conditions, the Specifications and the Drawmgs as the EJCDCGFNIRAL CONDITIONS 1910-S (1990 Editim) wI CITY OF FORT COLLINS MODIFICATIONS (REV 42000) in with and reports and.dmwings referred to in 4.2 2 are not CUntnicl Documents. 1.11., Contract Price -The moneys payable :by OWNER to'CON'TRACTOR for completion of-'the;Work in eccoedance with the Contract Documents as stated in the Agreement (subject to the provisions of paragmph'11;9.1 in the case of Unit Price Work). 1.12: Contract Times -The numbers of days or the datcs',tated in the Agfcmenf: ,(i) to achieve Sul%atantial Completion, and `(ii)to complete the Work. so that,,"it is ready for final payment as; evidenced by ENGINEhR's written recommendation of final payment in accordance with paragraph" 14:13. 1:1..1. COMRA TOR —The person, firm or corporation with whom OWNER -has entered into the Agreement. 1.15. Draivirtgs--The dmwirtgs which show'the scope, extent and character of the'.Work to be furnishedand performed ,by 'CONTRACTOR and which have been prepafed or approved by ENGWEER arid are referredto in the Contract Documents. Shop drawings ;are not Drawings its"sd defined. 1.16. LfJ¢ctive; Date oJ' the A8gemenr-The 'date iridicatatl in the Agreement'on.which it becomes effzctivi but if no such daie,ts indicmed it means the date, on which the Agreement is signed and delivered by the last of the ttvo parties to sign,and deliver. LIT ENGINEER=The person, firm or corporation named as such in the Agreement: LIS. ENGINEERS Consultant --A person firm or cwrptrmtton hiiv* a contract'_ivith ENGINEER to furnish rvices as ENGIN serER's indep iklent professional associate or i`orititiluirit with iloespectthe Project arid who is identified as such in the Supplementary Condiuons, 1.19. Field 'Order -A written order issued by ENGINEER tvhiet'order3 iitaior r,haiiges'in the Work'in accordan'co.with'pamgmph 9.5 but which does not involve a change in the ContractWice or the Contract Times. 120 Cehijul Regidrethents—Sections of Division 1 of 1954 (42 USC Section 2011 et seq),as amended front • the-Specificatioris. time'to time.. 121_ Hazardous Waste -The term I•Iazardous Waste shall have the rreanin� provi ied' in Section 1064 of the Solid Waste Dispoml Act (42"USC Section 6903)'as amended from time to time: 1.22.a. Lauz; and Regulaliorv; Laws or Regrdations--Any and all applicable laws, rules, regulations; ordinances. codes.and orders of an and all gotemmental bodies, agencies, authorities and courts having jurisdiction ]?2.b. Lezal TI6lidms--shall: be those holidays observed by the City of Fort Collins. 1.23. Liens —Liens, charges. security' inleiests or encumbrances upon real property or personal prop, rly. 124Milestone--A principal, event specified in, the Contract Dociintenis relating to'an intermediate completion date or time 'prior to'Substantial l ompletion of all the Work: 125: Notice ofAward-A written notice by OWNER to the apparent successful bidder stating that upon compliance. by tli apparent -successful bidder with the conditions prcedcnt cnumerited therein, -within the time specified,. 01tt1TL•R will sigh and deliver'the Agreement. 126 ,Nonce to, Proceeef A :written notice given by. Ol1iNI R to CON 1 RACTOR (with A copy to FNGiNVhR) irking the date on which [tic Contract Times will commcnocto'iun and on wni6hCON'ITRACfOR shall start to -per forrn CONTRACf . R'S 'oblieatinn4 'under the Contract Documents. 127. 0WAFER—The public body, or authority, corporation .association, firm or person, with whom 'CONTRACTOR has entered into the Agreement and for Whom the Work is to be provided 128. Partial Utilization -Use by OWNER of .a substantially completed part of the Work - for the purpose forwhich it is, intended (or'a related purpose), prior to Substantial Completion of All the Work: i 2,9. PCBs —Polychlorinated biphenyls: 1:30 Petroletun Petroleum, including crude -oil or any. fraction thereof which'is liquid at standard 'ccmliirgns of temperature and pressure (60 degrees ,Fahrenheit and 147 pounds per square inch absolute), such 'as oil, petroleum,fuel oiL oil sludge, oil refuse, gasoline•kerosene and oil mixed with other non-flazirilous 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 pait'as indicated elsewhere in `the "Contract Documents. 1.32.a. Racficactice Afaterial—Source, special nuclear, -or byproduct material as defined by the Atomic Energy,Act of -EJcDc GENERAL comnpot m i 9 i o-3 o p9a Ec itial) cut CITY OF FORT COLLINS NOOIFICKIIONS (REV 42000) 02.b._ Regular_ /forkby, Hours- Regular working hour are defined as 7:00am. to 6:000m unless otherwise specified in the General Requirements. 1.33. Resident=Proect Representative, —The authorized representative of ENGINEER who may be assigned to, the site ;orany'ped thereof. 1.34. S6*ples-Physical, examples of materials, equipinent; or workmanship that 'are representative of some- portion of the Work and which establish the standards by which such portion of the Work u711 be judged 135. Shoji DraMngs--All , drawings, diagrams, illustrations, schedules -and other data or information which arc:specificall}� prepared or assembled by of for CONTRAC,T09 and subttutted by CONTRACTOR to illustrate'satne portion of the Work. 1.36. Specificonons—Those portions of the Contract Documents consisting of written technical descriptions of materials ai�equipment,, construction systems, standards and orkriiansliip as applied to the Work arid certain adaiinistiativrdetails applicable ihercto.. 1.37. 'Subcontractor -'-An individual, firm or corporation having a direct contract with.CONI'RACTOR or with'any other Suhcontractor for the performance of a part of the Work at thc'site 'onipletion--Thc Work (or a tas progressed to the point Where, ENG_ INFER as cvidcn"a:d by ve :certificate of Substantial ,Wv complRe, in accordance with the'Contract Documents, so that the Work (or specified part) can be milized.for the purposes for which it is intended; or if no such certificate', is, issued, when the Work is complete and. ready for fatal payment as evidenced by FNGiNF.ER's,a4ritten recommendation of trial payment in accordance with paragraph 14:13. The terms substanitially. complete' anH "substantially completed' as applied to:all or part of the Work refer to Substantial Completion thereof 1.39. 'Suppleinetitply Conditions —The' part of- ;the Cdfith cl Docunieks which amends or supplements these General Conditions. 1.40. Supplier -A manufacturer, fabricator. -supplier, distributor, materialman or vendor havinga direct, contract with CONTRACTOR or with Any Subcontractor to furnish materials or equipment to be mcorpgmted in the Work by CONTRACTOR or any Subcontractor. 1.41. Undeigrotard racilities=All pipelines, conduits, ducts, cables, wires manholes, vaults, lank' turmels or oiher.sttch" facilities or atiachmcnis, and any encasements coniair g such facilities .which have been installed underground to,fumish:any of the following services or 11 0 m Iri • 0 materials: electricity,gases; steaai, liquid _petroleum products, telephone or, :other communications, cable television, sewage and drainage removal, tiulGc,or other control,systems or water". 1.41 Ut Price {York_-Wnrk'to be paid for,on the; basis of unit prices. 1.43. li'ori--The ent¢e_ completed construction or the vanoussepanttply identifiable parts thereof regiured to'be furri_ished under the Contract Documents Work includes and is the result iof performing o'r futntshna lal or furnishing and incorp rating materials and equipment into the construction, and perfomung or furnishing services and furnishing documents; all as .required by the Contract Documents, sure —A written directive to or agcr the Effective Date_ of performed as provided in paragraph 42 .or 4'3, or to emergencies under paragraph 6.23. A Work Change Directive will not changc-theContract Price or the Contract Tin rs but ,is ccidencc thaf the, lnrfics cx1i&t [hat the change directed or, clMlimcnted by a Work' Change` :Directive Will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its: ef[ect, if any,. on the Contract Price or. Contract Times as provided in paragraph I0.2 1.45. ilriittvi,Aniambn nt--A written amendment'of the. `Contract , oocumcm.%' signed by OWNER , and CONTRACTOR on -or :after the Effective Date.of the, Agreement; and normally dealing with the noncngine66in; or -:nontechnical rather• than strictly construction -related aspects of the ContractDoclunemss. ARTICLE 2-PRELIA11NARY i\fATTERS .Defiverp of Bonds: 2:1., When CONTRACTOR delivers the executed Agreements; to Qi�ixm 2 CONTRACTOR shall also deliver to OWNER shelf Bonds as.CONTRACTCR may berecjuiredto fuinish in -accordance with pamLn-aph5.1. Copies of Ei c nrents: 2:?. 61 NER shall furnish to CO\rfRACTOR up'to, ten copies (unless otherwtsi specified `In the Supplementary Conditions) z the Contract Docrments as afire reasonably necessary' for the execution of Lfie Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement gjConhuctTithes; NoricetoProceed 2:3. The Contract Times Will commence to run on the thirtieth day after the Effective Date of,the Agreement, or, EJCDbUENULI LCorWlrioNSi�ios(10oEditlm) cot CITY Ot-FORT IOLLIN1%16DIF1CA'hON5(tiLiv 4p000) if a Notice to Proceed is given on the;day indicated: in the Notice to Proeeul: A Notice to Proceed may be given at any time within Thirty days after the -Effective Date.of the Agreement—hn .o—svi'rt c mniense40aru3-laier tlut: is i. ":u;, brpiid:opening�or the thirtieth day�t@er-tlie-FfCectivz;l3nte of the•Agreeriient; tvhiehever-daEe-is earher: Starting the H'ork: 2.4. CONTRACTOR sliaill start to perform the W'umorl on thedate tihen;the Contract Timescommence-fo r but no :Work shall,t a done if the site prior to the datean which the ContractTimes commence to run Before StarYnig Con.crrucUon: of the id compe ...:n-. or or error, ambiguity, or, discrepancy in the DocumcriLs, unless_CONfRAC1OR knew or should havc known thereof 2.6. Within ,ten days after the:Effective Date. of the Agreement (unless,.othcrwisc specified _ n the General Requirements), CONTRACTOR shall submit to ENGINEER For review: 2.6.1 a preliminary progress schedule indicating the timcs;(numbers of dayspcdates) for starting and completing the various stages of the Wort:, including ring Mrlistones specified m7the Contract D'osumems 2:6.2. aprel miriary:schedule of'Shop Drawing and Sa plc sufin1 119 which will .list each rqq iaed submittal and the times`for submitting, reviewing and Processi fig such subm ilea{; 2.6.2:1. In no case will a schedule be acceptable which'allows less than 21 calendar days for each review by Engineer. 2.6.3. A.prelin inary schedule of values for all the Work which will incluHe quantities and prices -or items. aggregating ,the Contract Price and twill stbdivirthe Work into component parts in sulHcieril ilelutl'to serve as the basis C,or 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. CONCRAUOR and G)WM ,khall eneh deliver to`tlte otlieF OWNER with copies to' toanE; re�.Supplemen*nfy Candtions ENGfNF,F,Ri cxrtificates of insuranez ,and other evidence of Insurarice ably , Fey es , re uested by lAq MLZI which CON_ TRACTOR-wmI444'A:SR_raspwti4aly ere is required lo, purchase and maintain in accordance with Mingmphs 44,-5.b erid Sa. Neconuruction Conference 2.8.Within twenty'days afler the Contract Times start to. run but before any, Work at the'site is started, a cohference attended.by'CONTRA -TOR,'ENGINEER and ,others as approprinte will be held to establish 'a working understanding among the parties as to the Work and to discuss the schedules referred to in. paragraph 2.6, procedures for handling Shop' Drawings and other subntittfor Applications, for Payment, and sls maintaining required records. Inirial(r Acceptable 5ckedufev 2.9.. .Unless otherwise provided in a conference attended. by CONTRACTOR, ENGINEER and others.as tytproprtate designated by MWER,.will ,be, held to review ffor acceptability to ENGINEER"as provided below the 'schedules :submitted in accordance with �ragraph2b. and Division) -,General .Rgeq rzments. CONTRACTOR shall have an additional ten -days to make corrections and adjustments and to compleie.and resubmit the -schedules. No progress payment shall be made to CONTRACTOR uniil.thc schedules are submitted to and .acceptable to ENGINTEF:R as provided below. The progress-schcdulc will be acceptable io FNGINF.FR'as providing an. :orderly .progression of the Work to completion within any specified Milestones and the. Contract Times, but such-acoeptance will neither impose _on ENGINEER responsibility for the sequencing scheduling Of progress of the Work- nor interfere with or relieve. CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample . subm issiorts will tie acceptable to FNGINEER as providing I workable -arrangement for .reviewing and processing the required' submittals CONTRACTOR's.schedult of values will be aoceputble to. L'NGI\i iEGR as io fomi arid substance. ARTICLE 3--COIN7RACT DOCUMENTS: 'I'NTENIT, AMENDING, REUSE Intent: 3.1, The Contract Documents comprise the entire agreement between .01MER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is calleil for by'one is is binding as if Called for by all: The Contract DocUnlCntS Will _bie construed in aecordan6d with the law of the place of ihe' Project. .12: It is the intent of the Contract Documents to' slcDCcaNLFtALCONDIW SIsiris(19voEdtian 4 w/CIIY OF FORT C'OLLI NS MODIFI CATIONS tkLA'42000) describe a"functionally cbniplele Project (or,part thereof) to be constructed m accordance with the Contract Documents. Anv Work; materials or equipmentlhatmay reasonably be interred from the Contract Documents or Gom prevailing custom or trade usage as bomb required to produce the intended result will be furnished and performed whether or'not specifrcally.('mlled for. Wlien words or,phrases which home a well-known technical or construction industry or trade meaning arer used to describe Work. materials or equipment such words or plvtises shall be Interpreted inaccoan accordance; with .that meaning Clarifications and interpietatiorutif the Contract bocumenissh'sll be issued by F:.NUINEF.R fis provided in paragraph 9A 3.3. Reference to, Randardv and Specifeadons of Technical Societies; Reporting and IResohing Discrepancies: 33.1. Reference to standards, specifications, manuals or elides of any technical society, orgamzatron or essociaticn,.or to the -haws or Regulations of any' governmental 'authority; ,whether such reference he specific or by, implication, shall .mean the latest standard specification manual, code or laws ,or Rcgultuons ineffect at the time of opening of Bids (or, tin the P.6ctivc Date;of the Agrccment If there were no Bids), except as niay be otherwise specifically stated' the Contract Documents: 3.3.2. if, ,during the perfomiance of,the Work, CONTRACTOR discovers any conflict, "error, ambiguity or discrepancywithin the Contract Documents or between the Contract Documents and any provision or any such Law or Regulation applicable to the performance of the Workbr of.any Such standard; specification, manual or code or of any iiistruction'of any Supplier referred to in paragraph 6.5. and, -CONTRACTOR shall not Work affected thereby (except ,in an horized by paragraph 6.23) until an )plemer to'the Contract Documents by one of the methods" indicated in 3.6; provided however, tin! shall fait be liable to OXtrNER or failure to report "any such coritlici, itV Or discrepancy .unless Lew for reasonably should have 3.3.3. Except as otherwise specifically, stated'in the Contract Documents of as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph'3.5 or 3,6, the Prot isions of the Contract ,Documents ' shau take precedence iri resolving any conflict; ertor,:ambiguity' or discrepancy between the provisions of the Contmct Documents and: 3,3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated byreference:in the Gontrnct Documents); or • 0 0 0 0 3 3:3.2, the provisions of, any such haws or Regulations applicHble to the: perforinertee of the Work(unless such, an interpretation of the provisions ofthe'Contract, Dociuments would result :in.violation of such I a� or Ree ilalion). 14. Whenever in the ContractDocuments the terms "as ordcred as directed", "as rxjulrcd"; "as allow d", 'as 'approved" ortcrms of like ctTect or import arc used, or the adjectives "reasonable "suitable%"'acceptable". "proper' to describe :a requirement,.. dire ction, revieg' . or -anysuchtcnn or adjective shall not,be etlectlye to assign to I NGINEERany fluty or authority -,to supervise or,direct :the ruin shin' or krformance of the Work or• tiny duty or authority to undertake responsibility contrary to ,the provisions of paragraph 9.13 or any other provision of the Contract Documents. .Amending and Supplemenrprx Contract Docunrenls: 3:5. The Contract -Documents may be amended to provide far additions; deletions and revisions in the^Work or to -modify the -terns and conditions thereof -in one or more of th'e following ways: 3:5.1. ;a formal Written Amendment 33.2. a Change Order (pursuant to paragraph 10.4), or EJCDC GENERAL CONDITIONS 1910-3 (19911 Edam) WICITY Of FOitT COLLI NS MOUII'ICATIONS (ttEV 420a0)- 3.5.3 a Work Chmi'g- Directive (p rrs a tt to parir&aph 101). 3.6: In addition, the requirementsof the Contracl- Documents may be supplementedand minor variations Arid devtauoris,in_the'Rrork may'be'authori?4 a one or more of the'Hcwing ways: 3 6.1. A Field Order (pursuant to pamgmp6 9 5), 3.6:2. ENGINEERsapproval of ShwDrawing or Sample (pursuan4tgpaiagra"phs 6.26-and 6.27). or 3.6:3. EN61NTEER's written, interpretation or clarification(puisuant to paragraph 9:4). Reuse of Dacunienls2. 3.� C MI*RACTOR- and any, Subcontractor or ARTICLE 4—AVALLABLLTTY OF LANDS; SUHSURFACF, .A D, PHYSICAL CONDITIONS; REFERENCE POINTS. Availabilit}, gfEa dv 4.1. OWNER shall famish. as indicated in the Contract Documents, the lands upon which the Work is to be ces or restrictions y,related to use. of !the 'Contract Documents. If any delay in OWNNR's fumisl ing these lank riglits-af-. way or easements: CONTRACTOR may- make :a claim therefor as provided in. ;Articles 11 and 12. 5 CONTRACTOR sliaU provide for;:all, additional -lands and access thereto, that may be required for ie'mporary +construction facilities or storage of materials and equipment, 41 :Su6surface and Phy.deal Conditions 42.1. Reports iard Drawings: Reference is made to the Supplementary Conditions for identihcmionof 42.1.1. Su&;rirfgce'Conihaonsr Those reports of cV.j?rations and tests of subs'urfaceconditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Corttract Documents: and. 4.2.1.2.: Physiciil Conditions-: Tliose drawings of physical conditions in or relating to existing surface or subsurface structures.at or contiguous.io the. site (except Underground Facilities) that have been utdiuxl by M4GTATEER in preparing the Contract Uocuments. 4.2:2. Lindied Re&mice bv,Q0N_-1NACTOR Atdhoiized: Tecluiical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawi6 91%but :such reports and draw ings,arc not 'Contract Doixrrnents. Stich "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 OWNE R. ENGINEER or any of ENGINEER's Consultants with respect to: 4:22.1. the completeness of such reports -arid datdings for 'CONTRACTOR'S ;purposes,. including,.but not limited to, any aspects of the means; methods, iccimiques, scqucnces and procedures: of construction to be employed by CONTRACTOR and safety precautions, and programs incident thcrcto; or 4.2:2 2'. other data, interpretations; ;opinions and information contained in such reports orshown Or indicated in such drawings or 4.223. any CONTRACTOR interpretation of or conclusion.dniwii From any "technical -data" or any such data, interpretations, opinions or information,. 4.2.3. Notice" of Differing Subsurface 'iir Physical Conditions. If 'CONTRACTOR believes that any subsuifaceor physical condition at or to the site, thai is uncovered or revealed either: 4.2.3.1. is of- such a_nature as to establish that any "technicil dart" on tih ch CONTRACTOR is entitled to rely ifs provided in paragraphs 4,2.1 and 4.2.2 is materially inaccurate, or 4:2.32. is such a mature tis to require :a change in the Contract 1:)bcumcr is or 4.2:3.3. diners materially from that shown or Etcncaeiveilnt.co aTio'MIsto-x(t»oetitim) wt CITY of FORT wtu Ns MODIFICATIONS (REV 4n_000) indicated in the Contract Documents; or' 4.2.3.4. is of an unusual nature,:and differs materially from conditions ordinarily encountered arcl'generally recognize as inherent.in work of the character provided f6r in the Contact Documents: then RACTOR shall, preiriptly immediately. after ng aware'. thereof and before"further disturbing ms aff6c:ted thereby `or performing any Work :in ion therewith (except in an emergency as ed by paragraph6.33), notify OWNFR and PEER in writing about such condition. RACTOR shall not further disturb such conditions .rm any Work" in connection therewith (csccpt'a's id) until receipt of written orderto do so. 42:4. EA'GIAWER's Retlierv: ENGINEER will promptly review the pertinent conditions, detcrmine.thc necessity of OWNER's obtain ng additional e,�plomtion or testsldith respect thereto`and,advisa OWNER_in writing' (with a ,copy to CON'I'RAt.TOR) of HWINEER's findings and conclusions. 4.2.5, 'Possible Contract Docurnenty Changer Tf ENCINFER concludes thata chaiiige in the Contract Docunionts is regtircd as'a ryuult of a condition that meets one or morc:of.thc categories in lxiraiiraph 4.2.3, a Work Change Directive or a"Change Order will be issued as provided in Article 10 to reflect and .document the consequences of such cliarigc. 4.2.6. Pocsibfe Price paid '1'inies Adjustments An equitable adjusmient in the Contract. Price or': in 'the Contract Times or both, will be'allowed to the extentahat the existence of 'such uncovered or revealed condition causes.an increase or decrease iii CONTRACTOR's"cost of, or time required for performance aC the Work; subject, however; to the following: 42;6.1: such contrition must meet any or morn of the categories described in lztragmpivs 413.1 through 4:2.3,4, inclus ve—, 4 2.6.2. a change in the Contrail Documents pursuant to paragraph. 4.2.5 will not be an automatic aulhoiiration of nor a condition prewdent to entitlement to anysuch adjustment; 4.2.6.3. tGith iespect.to Work that: is, paid for on a Unit Price 13asis, any adjustment in Contracl Price will lie subject, to the provisions of paragraphs 9.10 and t 1.9; and 4.2.6.4. CONTRACTOR shall notbeentitled to any adjustmeiii it fluit6ritract Price or Times if, 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time 'CONTRACTOR made a imal commitment to OWNER in respect of Contract Price and Contract Times by. the • r� 0 subftiissioh.6f-ii bid br'beooming bound tinder - 'a negotiated cont-ract.pr: 4.2.6.4.2 the existence, of such condiiicni could reasonably have bee-t discovered iied'o'r ievetile'd,iis a result of nny examination; Mation, itivestlgaiieai�, e>plorati6n, test or study oCthe.silc and contiguous 4.16,43. COMMAC-l'OR firiled to, g:ivc the written notice within the time'and as required by.p'Emagmph 423. If OWNER and WNTY-ACTOk are.unable'lo agrcc;on entitlement to or as to thc`amoum or IgY :such h of an h , uc equitable adjustment in :the Contract ice or 'Contract Times, -a - claim may be "made theifef6f a I s Orovided in Articles 11 and'iI However, (-)'\kw jiNdNFr%R ind ENGINEER's Consultants -shall not he liable' to CONTRACTOR for, any claims, cosLs, losses or damages •%ustaiiicd by CONTRACTOR owor in connection with any 4.3. Pkisical Conditions -Underground, Facilities 4.3-1. Moun at- h0cated: The information and data ifimYn- or indicated' in the Contract' I96cuments with respect to :existing Underground - Facilitics at or contiguous to die - site is,bakcd�cin information and data furnishedtoOWNFR.or FNGINEER-hy,ilic owners of such Underground Facilities or by oiliers, Unless it is tothawise! expressly proYi&d in the, Supplealentary :Conditions:, 43.1A. OWNER'and ENGINEER sIMP not be responsible f6r the itccu'lnfc'y or completenessof any such information or data; and Reference Points% report 3t or, I provide engineering surveys to iiiiis for construction which in mi are necessary to enable I proceed ic6cd with, the Work: be responsibleIcif laying out 'the Of Ix of 4.5. Asbeslas. PCBs-, Peh-aleunz, Hazardous IM(iste'or l6dioactive Alateridl.- which was not shown . AloiShomnot-Inchcaleck lf�an;.Unckiground Specificakioni orid 6ifity is uncovered of retched tit or ccniig6o6s to Iic'KI;unuinL4,lP be ayilh in the _which may present a su )mptly pro rty exposed Lhereti before at,K site. OWN M� sh by or such in a t c'niia' I a lij C r,\66pt CONTRActoRi ;,su 6:23), anyone else for v ty and resp9mble. was Fiformin I gany .\%Iork- in connection therewith i in an emergency as required by paragripl identify the owner of.such Underground Facil Eicbi;oeNiR�L 60NDlilOM b 10-8 (1'00 Mimi widlY OF'F6Ri COLLINS M 6DIFICATHO'NS (PE'V 4120M) 0 be responsible ;for any, in, lla?xrdaus Write or �ered or revealedat'the-'site iiidicnled to D'nfwirl;s,qr ified ' in the' " :Contract ie-stiope-,of`the Woik End antial danger to persons or connection with'the Work not be responsible for any [it to the site by mratitnis, Suoplids or in :CONTRACTOR is 7 ARTICLES -BONDS AND INSURANCE • Peifurnm»ce, Payment and Other Bonds 5:1. CONTRACTOR shall furnish Performance and Payment Bonds, each ,in an amount it least equal to the Contract Price as security for the faithful performance and pajmicrit. of all CONTR4CIOR's obligations: under the Cominict Documents. These Bonds -shall remain intellect at,leastuntil me year ,after the date when final payment becomes due, eacept as provided otherwise by d.aws or Regulations, _ or by the :Contract Documents. CONTRACTOR shall also furnish such ether Bonds as are required by the Supplemcntary,Conditions. All Bonds shall be in'thc form prescribed by the Contract Documents c cept 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 Au t} grily as Acceptable Surehes on Federal Bonds and as 4ccept ble Reinsuring C6mptinies' as, puhhshed in ( ircular 57(I (amended)' by the Aud t Staff B rear of Government Financial :Operation, U.S. Treasury DcpaartmenL All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 51 If , the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right tc, do business'is terminated'in any stoic d•here any part of the Project is'located or it ceases to meet the requircments,of pamgraph'5:1,CONTRACTOR Shall within tcn days, thereafter; substitute another Bond and surety, both of which mw lw acceptable to OWNER. 5.3. Licensed Sureties -and Insurers; .Certificates of Insurance: 5.3.1. All Bonds and insurance .required by the Contract Documents to be purchased arid'mainiained by OWNER cr'CONTRACTOR shall be obtained from surety or insurance companies that are duly and insurance companies shall. 'also meet such additional requirements and qualifications as may be provided in the Supplemeniary Conditions. 5.32. CONTRACTOR. shall deliver to OWISTER; with oopies to each additional insured identified in the Supplementary. Conditions, certificates of insurance (and other evidence- of insurance requested by C)WNER or .tny Tither additional, insured) which CONTRACTOR is rtquiretl to purchase oriel ma nta n 4 S 5: The pr isie o w _ uar; #Ia eus 4estr er Be Mflteaal tta vtsed pF;evpn1Ad nt the s" Eacnct3E ULILLCONDITIONS1910-8(1ivoEditiai) ndCTIY OF FORT CoLLINS h10D117 CATIONS tkLV 4k00o) 0 COATR4CTOR's Liability Ifisurance 5A_ CONTRACTOR shall purchase and maintain such liability and other insurance 8e as apprprite V'6 ' for 6eork' 'hi -in ,ig p6rformed iind furnished and as will provide protection firom,cliiims se4cirthbelow-which may**& ' ouL� of or, result from CONTTRACTOR's peffornanice and furnishing of the Work and CONTRACTOR's other cibligiiii6ris under'the ContractDocuments, -wheithe'rit- is- to be performed or furnish' I b', CONTRACTOR, 'an),' Subi&itracidr or Supplier;`V, d, , I . L. or. 5% anyone irecty or it directly: 6inployed by any of them to perf&m.or. furnish any of the Work, or'by anyone f6r,whose acts :Jny:of them may be,linhlc: 5.4.1. claims under workers! compensation; disability bcnCrju�r " �C ' iindothcr.�imilarcmpl4 cc ricfit' actLs; 5_4.2, claims for damages because of bodily , injury, _occupational sickness or"Llii eath of CONTRA(7rmsemployees; 5A3. claims for damages;,be6suse of bodily. injury, sickness or disease, or death of any person other than .CONTRACTOR's enip1byees; -customm Y eat _fs. Pe Ror rMM, 5A.5.1 claims For damages, other than to the Work itsclC� because of injury to or destruction of tangible. fircuic�y wlier&cr lc6wd, includitig los.k 'of use resulting therefirom• irid 5.4.6. claintsfor d,,i6i,,ip-csLwcatiscofL*clily-injury or death of akv person or property damageartsuig out, of the ownership, maintenance -or use. of any motor vehicle: I The policies of insurance sorequired by this paragraph 5.4 -to &ipfircl"d and maintained shall: 5.4.8. include the specific coverages and be written 'for not le's':sihan the limits of-liabirity, provided" in thz: SupplemicirttaZhC6riditicais or 4cquiivd' by L'itws .6r- Regulation% ichrvcr is greater; 5,4.9. include completed operations insurance-, EJCDGOENUU%L CONDMON'S 1910-8 (1990E(htim) wtCITY oi,-yoiiCOLLINS MOD&WAilONS (KiiV 42000) 5.4,10. include, contractual liability insurance :�aer CONTRACTbR!sl indemnity obligations paragraphs 6 12; 6.16 and 6.31 throut h 6331 :5.4.12. remain in effect -at least until final payment and at ' , - thereafter when 6ONTRAC'I'PR may a I I times be correcting. removing or rel:ilucingdejktive Work in accordance with paragraph 13.12-1 and 5A.13. with respect to completed openiticifirs insurance', and any krtsura'nec c6kragc,.writteri on a claims -made bn%is, remain in effkf for.st least two la any sucn accullonat such insurahcu'-at final 01FIVER!s Liability Insurafice: 55. In addition to insurance required to be provided by CONTRACTOk under parrigmph5A, UVINTER, -it OWNTER's opti6n,may purchase and maintain at OWNER'S expens&6XNTTEft's cavh liability insurance i;is will protect OWNER against claims which niny , ar , isle -from. operations under ihe'C&t6&t Documents, Nqperz)? Irityurance.: !Conditi in th, lltnrl- -i th -h - a;iaisl of-the-fUH-r4placer6eht"66a-thueof-(subject-4o-such ,Supplementary-,C-ondittbns-of-required-by-);kws-tffid '-5:671---include—the—interests—qf—C4"E , Of �-'ndilioris- 6fid-sball:ba-fiste I d- ns-'an-irisured-oFaddiiioml-insurid:;' in iii.uFarti, R3F pl� '!el It s tin tIhA falto;4ting parils� 5FT'. light Mqg, &wended caviiaga-thzti-vtincia 1 w1Ft-antl-nial icious-ni ikIiiaf; --thquRke, -01h Ekhris-fan}ev4}1—Eiime4ititn o yys.0111A b-enfewrF t of Laws and �o._.ulati;} N xvtar'cla}}iaga,-ancl--cusb-et#xst-parils-esbnfq•-6u �esl{}sal�y-reciuirr�->s .. Miens; 5:6.3-include-expense2-incurre }-in-the-repair-or repincenient-of-a liy-u}s}lied-property-(u}cluding-but-not arehitcats)t ? g > eF miiirrinls cad ec }ipa}MEstared(it Oka site or`-at•ant}iherr location-that-was:agreM-to-in4riting-1 y iecl to Fha-AllOfc fi 1`id� ihnt hush ninrHoF te «,...ls nn^^a qutgn}ent-hare-been . _. ...._ .. iduetidzd .-,—in--WFiti t1•n.. d,,S . ^ttet riitise fa�a6li itfier ic4dttierinl in5ltrc"1 .. �S_�aied- Q-1[-G()MFRAC-f f. tzyuests-in wntitc that -other ..... .:Hip, sash ,.a.vne �—rtnc vie-eo.4 uppiomi rn'vrty: e1C0CGENERAL CONurnONS Islos nvso EdiNal) 10 w/CITY OF FORT 00LLINS MOD 117CA'I'lONS tkLV412000) coliiniencba>,zilt•of-the-lVor{:-at tha-sits; OWAI�iR shall=ih agt inst *-C-QWRAGwTax,-- ubccmtradM- aIa L� Gila -the officers,=ciireotors;-amployeeis-n iiil-agents-of-liny-of Irani, -{or: of -use -ix-, t}diar-corLsequznFial-Itx;s-etiterding beyond-ilitect-physirn I-loss-or-dnm;iez=to nrising•out•of=or-iisult ing•from-ftrzor-ot"h'ar"'peril; whither-or-ntit-insured-by-OUFNrR-and ',Iall }0� flz r -t@-iiFti n ♦A-t11�,-CVent-6 ;:f .-C 1•. .hfHagL'-eF. 0 s recovery,fig6inst-6jiy-of-GE)N.T.RAGT-OR—Subc6ntractors _.-.1 ------ r--- -- --, _ . .... ..... Receipt andApplicalivii pf1ns-urancePrqcee1&- 5.12., Any insured loss under the,,policies-of'insuriance required by 0ma&phs:_').6,.and!5..7 will be adjusted with CiftEIZ and ' made payable to OWNERas'fi&ciary for the insureds,as the ' ir 'mieirests may appear, sbbJe6t to the. T. �lu any applicable mortgage clause and or paragraph 5.13. _0\��R shall '&pceit in a - 5c'paialc'' . accountney - q , a , received, and shall distribute it in accordance i%ith such agreement as the�parties in interest may reach. If no other zspecial, agreement is. reached the damaged Work shall he repaired or replaced, the moneys o received eceived kipli6dbhsceciunt thereof and the Work and the� cost thcrcof,covcrcd by an appropriate Change (rd6r or Written Amendment., 5.13. OWNER as"fiduciHry shall have power to adjust and tisurers unle�:q one a nd settle hr�� loss witfi* the i of th parti6q in inf6resi'sliall object in writing within fifteen -days' after. the occurrence of loss to OWNER'sexercise of this power. If such objection he made, OWNEN as fiduciary :shall mak-clsttilement with the insurers in accordance with stibiagrecinentisthe xrties' nint-rest,maym"c,, if no such ,agr6cmcfit.mii`Png c parties in interest istreachcd,, 01\,NER as fiduciary shaill adjust and settle the loss with the insurers a-d; if -@Uu. __ int 6N_4RY-q)RFW-in. Acceptance of BonW4ndlnsumnce; Opti4ipo t&Re1Az&:, 0 Partial ,Utilization-Prope7ty Insiihahce: 5.15. If OWNER finds -:it necessary to occupy, or use'a portion or portions of --the Work prior io Substantial EJC1)( (jENU(ALCON'DY11ONS t910S(1990EdtWn) wtdTYOF FORT 'E�bLLINS'&iO-Dtl lCATIONS (REV 4,?000) 0 all the Work_ such use o ried in accordance with no such useor,omupanc) insurance shall not be cancelled- or account z of any such partial'use "&`(x- AICI'ICI,P,*,6-"CON'I*RAC'I'OR'S RESPONSIBILITIES Supeialsion andSupetinfendence 6.1. CONTRACTOR shall supervise, inspect and direct the W6rk competently and effiiciently ldevotin� attention' thereto applying h skills such such and cx0crse 'as maybe necessary 'to" P-CrIbriiii the"'Work in accordance with the 'Contract Documents: CONTRACTOR steal lhc,solely nispomslbl c for the means, liu:tho,&s techniques„sequences and procedures, or construction, but CONTRACTOR -shall not I h I � responsible for ilic ' neghic , n r cc;or otheis-tn' - the ­ de , sign or , specification cification of, a' specific means, method, technique; sequence or procccluic of conitni6tion which is,shown oz indicated in and ,expressly , requiied by the Commet' Documents, CAITRACTOIZ shall be responsible to, see that 'the com pleled U6&.60111plics accuratelith ' ilic.0 Doumcfits. accurately'with Ontract CONrrRACT,OR shill keep on �the Work at all U . in . cs durriing its, pro . grm a -competent residentF I , su I p I erintendent, who, shill not be.iephiced Nt;ithdutViitfen notice .to OWNER and ENGINEER except 'under extraordinary circimistaners. The suoeiintendeiii f will be WNTRACTOR!s reoreselntitfive ai'th,04. site and shall have authority� to act on behalf of CONTRACTOR:., All communications to'the suvermtendeni shall be as bindinp Labor, Materials and Fpjpnient: 6.3. CONTRACTOR shrill or property. at Vie site as oth erwise,indicqted in �and � the competent, out and contract s maintain ; other"O �ns,p r the creto. and 6:4. Unless otherwise specified in the .Gencml Requirements CONTRACTOR shall furnish and assume -full responsibility, 'for all materials. equipment, labor. transportation, construction equipment and machinery, tools, appliances, fuel power, light, heat, telephone, water, sanitary facilities, temptomr} facilities andnil other facilities and incidentals necessary for, the Curi skiing, performeince, testing, start-up and'a+mpletion of the Work. 6A.1. purchasfrm Restrictions: CON'rRAC'rOR must comply with die Citi's purchasing restrictions. A S�212y'of the resolution's are available for ievietl'iri the offices of the purchasing and Risk Mritiagement Division or the City Clerk's office. 16.42, 'Cement Restrictions: -City of Fort .Collins Resolution 91-121 requires that suppliersand producers of cement or pmducis containi ccmenr to certify -that' the cement was not made in cement kilns. that. bum hazardous waste as Yfuel. 6.5. All materials and equipment; shall he of goad ,quality and mw, except as otherwise provided in -the Contract Documents: All warranties and guarantees specifically called for,hy the Specifications shall e.Xpressly run to the benefit of OWNTER. i r required by ENGTNFER, COYFRAGfOR shall fumi.lh satisfactory evidence (including reports of squired tests) as to the kind and quality of, £ materials and equipment. All materials<and' equipil , tshall be applicd,.installed, connected erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract b6cunments. Progress Schedule: G.G. M\rl'RAC TOR' shall adhere to the progress schedule established in accordance with parngraph 19 it. may be adjusted from,iime io time as provided below: 6.6.d. 'CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule thai4ill not change.the Contract Times, (or mikstones). Such adjustments will conform generally to the pro&ess schedule INen in effect and additionally will comply with any provisions of the 'General Requirements applicable thereto. 6.6:2. proposed adjustments in progress :schedule that will change the Contract Tiines(or Milestones) shall be submitted in accordance with the requirements of 'paragraph 12.1. Such adjustments• may only be made by a Chance Order Or -Written Amendmentin accordance with Article 12. 6.7. Substitutesan'd "Or-Equal"Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by uamg`ihe name of'apro, pnelary item or the' name of a particular Supplier; the spaciftcation or description is intended to establish the type, function and quality required. Unless the specification or description EJCDC OEM RAL CONDITIONS 1910-8 (199U Editim) 12 w/ CITY OF FORT COLLINS MODIFICATIONS d(liV V1000) contains or is followed by words reading that no like, equivalent -or" 'or-etlual" item or no subsli6tioh' is pemtitted, other items of material or, equipment or material' or. equipment, of other Suppliers may be accepted 'by ENGINEER under the folltiit 1 i circumstances:. 6.7.1.1. 'Or -Equal". If in ErNGINEER's sole discretion an item of material or equipment proposed by CONTRAM'OR is functionally eilml to that named and sufficieiitl} similar so ihal no elia i e in related }Nock will be required, it may. be considered by ENGINEER as'fin "or -equal" item, in which, case review and approval of the proposed item may, in FNGINF,F,R's .sole discretion, he accomplished Without compliance enscrcnon an n proposed by CO an 'or -equal" 'ite will he conside CONTRACTON information as FNGINF-FR to i or equipmctrt,pu dent ria ped arid, The procedure 6 include the foil General -Require decide is; appro Requests for rev of material or ct F,NGINFF.R CONTRACTOR furnish or use in substance to same use as state the extern and ac zptanct prejudice CO Substantial Co: acceptance oft Will require .a Documents (61 direct contract Proiect) to ad maienai or TOR idoes,nc r suliparagrapl proposed 'subs ill submit ided below ie that the item is cskntially e! ,ptablc sulxtitt x by ihe:ENG: as' supplciner and as.ENGH under the cis proposed sub; it will not be OR wishes to if nmaterial or II first make for acceptance substitute will ad'achieve'the ign, be similar e suited to the it any, to vyluch the evaluation of the' proposed substitute will QTRACTOR's achievemem of npletion an time; whether or not me substitute'for usc. in the Work change in ,any oC the 'Contract in the provistoris of any other with OWNER for work on the ipt,the design to the, proposed •hether or not incorporation or use of.the'subslilule inconnection with the 'Work'is subject to paymtnt-Pf unf license`Ccc or royalty: "MI variations of 1he'prop, and substitute from that specified will be identified in the application and available maintenance, repair and replacement service w0l be indicated The'applicatiim will also contain an itemized estimate of all costs or ercditi tFiat will resin f efirectly or indirectly from .acceptance of such siibatitutr- inclining costs of redesign and claims of other egntractomeiffected L� s 0 .>/ 10VYI 33S 3N17H.91 V" by 'the' resulting change, all ;of which willbe' wasted by 'ENGINEER in evaluating, the proposed substitute. ENGINEER may require. CONTRACTOR.to furnish additional data bout the proposed, substitute. 0.1. C-0AT AC-TOR's.Cxpeitse: All data to'be provided by CONTRACTOR in support'of.aiiy proposed "orfqual" or substitute item -will be at CONl'12ACOR's evCase. ' '6.7 2: Substitute Construction Methods or' krocedin"IS. Af a sfecific means, method, technique,; sequence or procedure of construction is shown' or indicated in and expressly required by the Contract 'nocunient;,.CONTRA CTOR may fumesh or'uuliie,a similar a in F.wm,gEER will suosrinne,wul ne oraerea, rnsranea or ur hNGINEER's prior written accepting cardcnced by either a Change Order or Shop;.._ Drawing. OWNER'.. in .to :ftinish at CON expense a special performance. guarai surety with respect to any 'or -equal'` ENGINEER will .record time 1 ENGINEER and L'NGINEER's Co valuating substitutes proposed or s CONTRACTOR. pursuii4t to paragraph 6.7.2 and in making -charges :in, Documents (or in the prorisioris;oF'an) 'contract with '01VNER for .work on occasioned thereby. \4lii;the_r, or, not, or 2 LNGTNL•ER's Comultanis for evaluating each. -such. proposed substitute itz it. 68. Concerning Subeon(ruetors, Suppliers and Others C S I. CONTRACTOR sh:dl not employ tiny Subcontractor Supplier or other person nr orgamration (me uding those acceptable to Ob�TTER and ENGINEER as indicated'in paragraph 6.&2), whether :initially or as substitute. -against whom OWNER- or L'NGINEER may ' have' reasonable objection., CONTRACTOR shall not be required to employ my Subcontractor, Supplier or other person or organization to furbish or Perform any of the Work against whom CONTRACTOR has reasmxlble objection. rtcix.GENTRaL coNDYIIO 5 ibios (100 Fdiim) w/ CITY o6 FORT COLLINS MODIFICATIONS (REV 411000) 0 6.9. CONTRACTOR shall perfomi . not Irss than 20 percent of the Work with its own forces that is without subwniractinui. The 20 percent regwrement shall be understood to refer to the Work -the valueof ' which totals nol less than'20 oercent of the:Contiact Price 13 G 9.2. CONTRACTOR shall be solely responsible Coi scheduling and coordinating the Work of `Subcontractors Suppliers and other persons and organizations 'perforining or furnishing.any of the Work trader .a d'acci or indirect contract with CONTRAcfrm CON'FRACI'OR shill 'rzquire, all . Subcontractors, Suppliers and such other persons and organizaitioris perfomtutg,or. furnishing .any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10 The divisions, and sections of the Spe6ficatioris and the Identifications of any Dra(virgs shall not control. CONTRACTOR in dividing the work among Subcontractors or Suppliers or delineating the Work to be perforimd by'any spcctfic trade, Patent Fees and Rofalties 6.12: CONTRACTOR shall .ply all license fees and royalties and assume all costs incident to the'use: in the performance the Work or the incorporation in the Work :of any Invenuon, design, process, product or device which If a particular invention, design, process product or device is specified in •the Contract'Docutnents for use in. the performance of the Work.Snd if to the,actual knovrtedge of OWNER or ENGINEER its use is subject to patent .rights or copyrights calling for the payment of anylicense fee or royalty to rciihers, the existence of such rights shall be .disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR .shall .indemnity and 'hold harmless of each and trny'of them from` and against all claims, costs, losses and damages arising out of or resulting coin any m infinseedt of patent ri_his or copyrights incident to the rise in the.peifomiari z of the Work or'resulting front the uct 'incorporation in the Work of ariy mvention, desigii. process; prod`or.device not specified m4c Contract Documents. EtcoC (jENERAL CONotnom tg 1 o-s (1990 Emtim) 14 w•IcITY-0FPoRTCOLLIN.SMODIFICA7"tONS(RlV4n_000) Permits: 6.13. Unless:otherwise,provided in the. Conditions, CONTRACTOR shall obtain fees necessary Tor time of okning of Bids, or, if, there are no Bills, 6ii the CCfectiGe Date of the Agreement.' CONTRACTOR shall pay all charges,of utility owners for connections to the 1Vork, and U1Vt\!F".R 'shall pay all charges of such utility owners for capital costs- related thereto such as plant investinent fees., 6.14. La4,sandRegwIa6on3 6.14:1. COI\"TRACTOR shall give all notices and amply with all laws and Regulations applicahlc.to Curmslang and performance of the'ANrork. Except there otherwise expressly required by _applicable .Laws and Regulations, neither OWNER "nor ENGINEER, shall be responsible for monitoring CONCRACTOR's compliance • with any, Laws or Regulations. 6:14.2. if CONTRACTOR performs, any Work knowing or having reason to, know that it is contrary to Laws,or Regulations, CONTRACTOR shall hear all claims, :costs, losses and ;damages caused by, arisine out of resultina thcrcfromt, howcver,'it shall with Laws and Regulations _but relieve, CONTRACTOR IR's obligations under paragraph 3: Tuxes 6.15: CONTRACTOR shall pay 'all sales. <consumer, use and other;siinilar 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 perfonnarice of the Work. ,6.15.1. OWNER is exempt from Colorado State'and local sales and use times :on -materials to be permanently incorporated into the proicet. Said tales shall riot be Included to the Contract Price- Address: Colorado Department of Revenue State Capital Annex 0 i 0 0 0 1375"Sherittan Street Denver, Colorado, 80261 Sales and Use _Taxes for the .Stale of Colorado Reiff oval Transportation District (RTD) and certa n Colorado counties, Are collected _bv'.the State. of ,Colorado :and are included in the Gertification'of Ex motion: All applicable Sales and Use Taxes(includin State wllecicil taxes), on any items 6therthan construction and ligildifia malerials'ph3sically: iiicoipirated into the project are -to be,paid.lit•:CONTRACI'OR<and are to be included in aooropriate. d items. Use ofPrenedses.• _ 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 the n Work. 'Should any claim -be. or occupant bccausc,'of `the t'agd,anyone directly or -indirectly employed by min from and against all claims `hosts,: losses and arising out of, or resulting from iey chum. or tal or:ecaiitable. broudht by anv sue h owner or or 6.17. During the progress of the Worl —CONTRACTOR shall'keap dfepremtses free Gam accumulations'.of waste materials rubbish and other debris res6liirj4oni. the \Mork At the completion of the'Work CONTRACTOR shall remove all waste materials; -rubbish and debris from ,and about the- premises as hell as;all'tools, appliances construction eywpmebt_ and machinery and surplus materials: CONTRACTOR shall leave the site cleari:and ready for occupancy by OWNER at Subsiantitil Completion of the Work_ CONTRACTOR shall restore to original condition all property, not designated for Alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any.. manner that, will endanger the'siructttre, n6 shall:CONTRACTOR'subJect .any part 617,0 Work or adjacent properly to`sfresses or pressures that will endanger. it. Record Documents MDC•OENERAL CONU MOMS 1910S (1990 Editimi q/cm6 Four 6owpsl16DlFloAiiDNS(Iitiv 412000) Safety and Protection 6.20. CCONfRACTOR shill be 'responsible :for initiating, maintain ng and supervising all iarciy precautions and programs in connection with the Work. CONI`RAC'1'6R shall take all necessary precautions for the safety oC artd shall provide'the necessary protection:to pre,ent'damage, injury or lgssto: 6.20:1..0 persoms on -the Work site or -who may he affected by. the Work; 0 20.2. all the Work'and materials and equipment,to be incorporated therem'whether in st6mgc'on or-orr the site; and 6;20.3. other.property,at the site or adjacent thereto, including trccs, shrubs, lawns, walks, 'pavements, roadways, structures, utilities rid Undarground FacI iic not designated for ,removal, relocation or replacement in the course of construction. or property or to protect' them from loan; and shall erect and maintain all ids for such safety 'arid protection. hall notify owners of adjacent property id'Pacilities'and. uti][6,�ownerswhen ;'Work ma}' affect thetn, and shall n in the protection, removal relocation theirproperty: All damage, injury or ty, referred tc in paragraphs 6.20 2 err ;fly or i directly,'in whole or'm part ,by any Subcontractor, Supplier or any organriation'air?ctly or, indirectly f them tit perform or fumisli any of the - whose acts any of them may. be liable, acts'or omissions of OWNER ar ENGINEER or CR's Consultant o'r'anyone employed by any of rnyone for'µ lui'se, acts any of them maybe liable, attributable, directly orindireedy, in whole or in ie fault or negligence of CONTRACTOR or -any Actor, Supplier or other person ciiorganization or indirectly employed by 'any of then'); ACTOR's duties and responsibilitics for the safety oction of the Work shall continue until.such time Work-is.completed aitd FN61N HOP has issued a 15 tiotice t6 OWNER and CONTRACTOR in accorda ice with paragraph'14.13 that the Work is aceeptable.(except as otherwise- expressly provided in connection with Substantial Completion). 6,21. Sajeo? Representative: CONTRACTOR shall designate a qualified and eyperienced safety representative at the site whose duties Mind responsibilities shall.be the prevention of accidents and the maanaining and'supery siry; of safety precautions an(I prograius Hazard iConmmnication Programs: 622. OON1'R4C1'OR shall be re. ponsihlc for caoidinatin an} erchai �e bf material safety data shieels or other hamrd communication infomation required to he male available to or exchan-,ed between or union-, employers at the site in accordance with Caws or Regulations, k)nergeneies 6.23. In emergencies affecting the safety or persons or the Rork ,or propertyat the sit thereto CONTRACTOR, without, special auihoniation from OWNER or FNGTNFER; act to 'prevent threatened damage, injt CQN*I'RACTOR shall give FNGiNEER p notice if CONTRAG"fOR believes that .ai changcs'in the W6rk or variations from Documents have been caused thereby. If detemtincs that a change in the Contract required because of the action taken by CON response to such an emergency, a Work Chu or Changc nrdcr will be 'issued to c consequences of such action. 6.24. Shop Drawings and Samples: 6 24.I. CONTRACTOR shell to ENGINEM for review and with the accepted schedule ( Sample submittals (see paragn will be idemi-flNG ed as EIN) the number of &pies spec Requirements. The data shout .will be completewith i dimensions: specified perfonnt materials and similar data .io_ materials and equipment CON prc;yid6 and to enable ENG information for the limited paragraphb,26. of or to purposes required by patagmph6.26. The iumibers of each Sample to be submittal will be as specified in the Specifications. 6.25. Submittal Procedures:. '6.25t1. ' Before submitting each Shop Drawing or Sample,' CONTRACTOR shall have detcnituted and verified`. 6.25.1.1. all field meawre'ments, quantities; dituensions, 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, fabiication, :shipping; handling, storage, assembly and installation pertaining to the performance of the Work-, and 6125:1.3. all information relative to COM'RAC—RM's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety' precautions and programs incidentahcrcto. CONTRACTOR shall also have reviewed and coordinate i;each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the :Gontmct Documents. s is :6202..Each submittal will bear;a stamp or specific 2 in written.indication that CONTRACTOR has satisfied tive CONTRACTOR's obligations under the Contract the Dticuiraits'.ivith respect tb CONTRACTOR's review and approval of that submittal, submit Shop:Drmvi* approval in accordance f Shop Drawmgs,and ph 2.9). All submittals i[t may require and in ified in the General . on the Shop Drawings: :spzct to quanutiea nce and design.cMeria, show ENGINEER the TRACTOR proposes to NEER to review the purposes required :by 6.25.3. At the, time of each submission, CONTRACTOR shall give ENGINEER specific writien'noticeof such variations, if any, that, the Shop wmg Dra,or Sample submitted may latve from .the requirements of dte.Cpntract Documents such notice to: be m'a wntten communication separate front'the submittal; and, in addition, .sliall cause ,a specific notation to be made on each Shop Drawing and Sample,submitted .to ENGINEER for reviewand approval of each such variation 6. LTTGQ\TEER will review and approve Shop awings and Samples in accordance with the schedule_of. 6242. CONTRACTOR shall also submit Samples to incorporation in the'Work; i ENGINEER for review and approval in accordance given in the Contraa Docum, with said accepted schedule of Shop Drawings and the design concept of the Sample submittals. Each Sample will be, identified functioning whole as in clearly its to material Supplier, pertmer t date 'such as Documents; ENOINEER's r catalog numbers and the use for which intended and extend to means, methods, otherwise as ENGINEER may require to enable procedures of construction FNGiNF.F.R to.review the submittal for the.limited means, ,method technique, EJCDC GENERAL CONDIIION5191032 (1990 Editiat) 1G w/CITY OFFORT COLI:IN5 MODll9 CATIONS($fiV4h000) alter Installation or inn lo'the information and be compatible with completed Project �us a dicated by the Contract et ueiv'and appmval twill tint technique's sequences or (except inhere a particular, sequence or procedure of • coiistmctlon is specifically and expressly called for by the accordance with the Contract Documents or a release Contract Documents) -or to safety precautions or programs ofCONTRACTOR's oblige{inn to perform the Wcirk incident thereto. The review and approval of a sepparate item as such wifl not indicate approval of the;assembly, in in accordance,with the Contract Documents: which the item functions. CONTRACTOR shall make' 6,30.2.1. observationsbyENGINEER; mn'eeUons required h}'-BNUINEHR;. arid shall return the "- required number of corrected c6pies of Shop Drawi* and 6.303:2. recommendation, of any progress or submit as required new Samples 'f6r review and "approval. final pityment byENGINE-ER; CONTRACTOR shall direct specific attention in writing to revisions "other than lhi corrc6tion.s called for bj, 6302:3: the issuance ,of a certificate.. of II IGINEER on previous submittals: Substantial Completion or any payment. by OWNER io CONTRACTOR, under the Conttaact 627,, FiNGINF'FR's review and. approval of Shop; Documents; Drawings or. Samples "shall not relieve CONTRACTOR from responsibility for any variation from the regutremerim ,0R 6 30.2.4: usecr occupancy of the Work or.any of the Contract Documents unless NI CORAC has in part therepf by OWNER; writing called, ENGINEERS attention to each such variation ni jhc, time of submission as' rcquirod by 630.2.5, any acceptance by OWNER or any paragraph 6.25.3 and ENGliM3R has given 'written failure to do so:s approval of each such variation by a specific written notation thereof incorporated m'or'accompan} 1ng':the Shop' 6 30 2 6 any review and approval of a Shop I?reg IrM or Sample appr`oval nor will any approval shy Thawing or Sample submittal or the issuance of a ENGIAHHR relieve CONI'RAC.TOR'frnm responsibility notice ofacceptabdity by HNGINHHRpursuant ror complying with the requirements of paragrarh 6 25.1. to•pamgraph 14 13 ' 6.28. Where a Shop Drawing.or Sample Is required Diawi,liy the Contract Docu ments or; the schedule of Sho . ng and Sample - suhmissions accepted' by F,NGTNEER as required by; ptragreph29; any relined Work peit6rnied prior to FNGINFHR's review and approval of the-N'rtirtenta 'submittal will be at the sole expense.and responsibility of CONTRACTOR. 'Continuing the Birk: 6.29r CONTRACTOR: shall carry',on the Work and adhere to the. progress schedule during all disputes or disagreements with bRXNI ER. No Work shill be dclayed or postponed pending resolution -of. any disputes or, disagrcamcnts; e�ccpt asjx rntittcd.liy lztrtgrtiph 15:5'or as: OWN L'R and CONTRACTOR may otherwise agree' in writing. 6.30. CONTR�ICTORs General titarraiq and Gua'rantee.• 6:30 L: CONTRACTOR warmhts. and guaranteesto. MWER, INTGh'NT:ER and ENGINCCR's Consultants; That all Work will be in;aceorilance with the:Contract Documents and will not be eicfectrve: CON-TRACTOR's warranty and guarantee hereunder excludes defects or damage caused by, 630:L1. abuse. modification or improper maintenance or operation by persons other than `CONTRACTOR, Subcontractgrs or Suppliers; or: 6.30.1.2. normal wear and tear under normal usage. 6.36.2::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 ti1CDC GENERAL COI.'DI't10�51910-5 (19901iditianj .cal CITY O1;1;ORTpDLLINS MOD117CATIONS(REV 42000.1 P 6M17. any inspection;-t2st or,appmval by. others;;or 630.2 Si any oorrection•of'defective Work by OWNER. Intlenwificatimi - 6.32. In any and all claims against OWNER or GNG[NCER or any,oCtheir`respective consultants, agents officers, -director's or employees L5 anyemployee.(or the survivor or personal rcpresemativo of sitch'.emplovcc) of CONTRACTOR; any Subcontractor, any Supplier, ;any person ororgan nation directly or indirectly employed by l7 any, of them to perform or furnish ariy.of the Work or provisions for the benefit of CONTRACTOR in said • anyone for whose acts any of them may be liable, the direct contracts between OWNER and such utility owners indemnification obligation under pamgraph6.31 shall not and other contractors. be limited in any way by any limilmon on the amount or t of damages compensation or benefits payable by' or YPe 7.3: If, the proper execution or results of any part of for CON' I RACTOR br-any:such Subcontractor„Sopphei or CONTRACTOR's Work depends apart work Performed other person or'oream`ation under workers Compensation by :others under` this Article 7, CONTRACTOR shall acts, disability benefit acts or othereniployz bziiefit acts. inspect such ,other work ,and promptly report to ENGINEERin writing any delays, defects er-defieienctes 6.33. The indemnification obligations of in such other"work t render'il unavi ilablebn-unsuitable CONTRACTOR under paragraph 6.31, shall not extend to for the proper execution and results of CONTRACTOR's the &abilitj%.oCENGINEER andENORgEER's Cpnsultant's'. Work. CONTRACTOR's ,failure so to report will oficers, directors, employees or agents caused- by the. coiLSti6ite an acceptanceof such other work zas fit and professional negligence, errors or emissions of any of them. proper, for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies SgrNiul nfObligatio{!s.• in such o'thcr work. 6.34. All reprcu-ntations, indemnifications, warranties Coordiitation: sandguamntees made in required by or given in accordance• with.the Contract Documents, as well as all continuing 7.4. If OWNER contracts with others for the 'obligations indicated in the Contract Documents; will perforrnaita of other work on'the Project at the site -the suivive final payment, completion and acceptance oflhe, following willhesetfonh'inSupplenienta'ry,Condttioniq: tVork-and temiinauon orconipletion of the Agrcenicnt: 7.4:1. theperson, firm or corporation who will have authority and responsibility for•coordmation of the ARTICLE7--OTiiF.R WORK activities among the various prime contractors.dill be identified; T4:i the, specific;matten; to..hc'eovered by such authority and responsibility will be itemized: and Related Work- at Site: 7.48. the extent of such ;authority and 7.1. OWNER may perform other work; related; to the responsihilitics.p ill be provided. Project at the siie by O�}'NER's own forces, ,or let other direct contracts therefor tvhi_cli shall contain General Unless otherwise provided in the Supplementary Conditions similar to :these, or have other work performed Conditions; OWNER stall have sole authority . and by,utibty owriers. IC the fact that such other work is to be responsibility in respect of such coorchnation. performed was not noted in the' Contract Documents then: • (i)..ry ritien notice thereof will be given to CONTRACTOR prior to starting any such other .work and ARTICLE '&-OVi'\'ER',SRESPONSIIIILITIEs (ii) CONTRACTOR may make a claim therefor as provided in Articles i 1 and 12 if CONTRACTORbelieves that such performance will involve additional expense to CONTRACTOR or.r29uires additional-time.and the parries 8.1. Except as otherwise provided in these General arcurablet agrceas,tq the anion it or extent ihcrcif: Conditions,'OXkWF.R'shall csuc.all IXa inunicanons to CONTRACTOR thfougli E• NG'INFER. 72. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility 8.2. In case of termination of the employment of owner (and OWNER,, if OWNER is pertorrring the ENGINEER, OWNER shall appoint:an engineer against additional work with 61XrNER's employe;es)'proper and whom-CON-TRACTOR-makts-no-ressorutble-objection; 'Sisfeaccess to the site and a reasbnable'opportumity for the. whose status under the Contract Documents shall belliat introduction and storage of materials' and eiluiprnent 'and of the former ENGINEER. the execution of such other work and shall properly connect and coordinate the Work with theirs' Unless;othervise, 83. OWNER shall furnish the data required of provided in the Contract Documents, .CONTRACTOR OWNER under the Contract Documents promptly. and shall do all cutting, fitting and 'patching oC.the Work drat shall make pnwinents to CONTRACTOR'promptly when may be required to make its sewend 'Tp irts come together thiy-afe' due as provided in paragraplis' 14:4 and 14.13. properly and integrate with such .other work:. CONTRACTOR shall not endanger any work of others by 8.4. OWNER's duties in respect of providing lands cuttarg. excavating or otherwise altering their work.and antl easements and Providing engineering surveys to will only'cul or alter their w6rk with the written consent of establish reference points are set forth in paragraphs'4,1 ENGINEER and the other whose work will be affected. and 4,4. Paragraph 4.2 refers to OWNERS identifying `fhc duties and rcslionsihilitics of-CONI RAC I'OK under and making available to ?CONfliACi'OR copies of this paragraph are for the benefit of such iilility owners and reports'of explorauor s Anil testrof subsurfaa conditions other contractors to the extent that there are, comparable at the site and drawings of physical conditions in -existing e)cnccei•1sRALCOMM OM 1910-3 (1990radar) l A w/ C1* OF FORT COLLINS MOD 114CA-PIONS lk V AROooi strwturas at& contiguous to. the site that have been utibzcd by ENGINEER in preparing the.Contriet gocurnents. r...... wild PF enj-tn511raflw� forth . i 6: pab, &a p I is 5-5 - th M4gh-5. I 8.6: MWER is obligated to execute Change Orders as indicated in paragraph 10.4: 8.7. OWNERS roes in, respect of certain 1. . ins - Pections. 'tests itz approvals is 6A forth'`in, pain.6raph 13.4. 8-8- In connection with OWNER's right to stop "fork- or kV6rk, sire, paragraphs 13,.,fb and. 15'. 1. Paragraph 15.2 deals with OWNER's , not to term mate el services 4,06INTRACTM'uncei certain circumstances. 89. . The O%VNIPR shall not tsupervise; direct or have control or authority over; nor be `responsible'for, fit th creto, or For failure of to comply with. Laws and R.cgulati-ons, furnishing or performance of the Work. h6 respon ibl, s I I a' f6F CONTRACTOR's ,.or hirnish the Work in 'accordance r with R!S�TAM- 444. P' un i-qA1cqA- As -POP 4 Ifiihiled at.11i�-site t kPin a 8.11. 1F.d -the extent OW�R ltft 'MY is responsibility-in-resp,eot-tliere,6f-will-ble-6i-kt-forih-ih-the ARTICLE, .9—ENGINFER'S STATUS DTJR7NG CONSTRUCTION Q JIMR,s. Reprqentqve: 9.1. ENGINMIZ will be OWNER's representative during the construction period. The, 'duties and respomibilities and the Itmitationsz of authority of ENGINEER : as OkNqTER!s rep resentinive &ring construction are set f6fW in the Contract'D6cuftients; and shafi not be e\*tended`W'ith6u1 written consenvolf OM\TR: 4ifidENGINEER ,visily to Site: ,9.2. ENGINEER will make visits to the'site at intervals appropriate to the v;iriow's' Stages" rvOf construction as, ENGINEER deems necessaryin- order to observe as an .experienced and qualified design professional the progress EJCDC(;EN%RAL 60N1)1110M Ji910-S (1996E&1piM) w/dTY 61; iz6iT6bLLmsM0-_Du:lCA_H'0NS (REV 417000) 0 that has been made and the quality of CONTRACTORS,- executed: will not b6irequirea tonikke cxhtiusiivc 617continuous on- site inspections to eheck'tht quality or quantity' of the Work." ENGINEER's effotU,will 'be directed toward iiati6ns on ENGINEEWs,aut. forth in.pragriiph 9_13,'and' italiori. during or as -a result ts- or observations of. C or for any, failure of.CON-1 RAC 1'.0, ties and JR'Nulatioms applicable to Projed Represeiadlive: 9.11., The Representative's dealines in. matters fiertaining to the cm -site workNvilL in genenal,,be with the ENGINEER 'and CONTRACTOR. But: the Represehtative will keep the _01 Derk' .LjbL �VNTER ro aboart such matters. The x�Lentative's TN-1 'pj R' dealingslwith.subcontractors will only -be throu.01h or with the 'full knuwI2ill;L_gad R ja -provii] of the CONTRACTOR- 9.3.2. Duties and Responsibilities. Representative Wilk 9.3;2.1_ Schedules - Review the prmgress 19 20 scheMe :and 'other schedules prepaicd by. CONTRACTOR and consult with the' ENGINEER concerning acceptability: 9.32'2 Conferences :and Meeting Attend meetiii with the. CONTRACTOR such as preconstruction conferences,_p ggssi meetmngs, and other mob conferences and 'prepare :and circulate copies of minutes of meetittgs 9.3:23. Liaison 93:23:1. Serve as ENGINEER'S linkA_)n ttnth CONTRACTOR working principally through CONTRACTOR'S wperintenderit.tn assist the CONTRACTOR in i rndcrstandinp the Contract Docnanents. Assist in obluming Bom OWNIER additional details or information, whcn, rcgttired, for proper execution of the Work. 9.3.2::33. Advise the ENGINEER and CONTRACTOR of the aimmencemefit of any Work requiring a Shop Drawing or sample submission if the submission has not l ccn'approved liv.thc ENGINEER. 932:4 Review of Work, Rejection of 5efective Wnr c Irisixctionsand'fcsts - 9.3.2A.1. Conduct on -site obscrvations of the Work in progress to'assist the ENGINEER indctcrniining that the 1Vork is procccdinia'in accordince with the Contract Documents. 9:3.2.4:3: Accom�an- visiting Inspeectors representinct public •or other agencies having jurisdiction over. the Project, rj `cord the results; of these inspections and report to the ENGINEER 9.3.2.5, Inte prelation of Contract Documents. Report to ENGINEER tihen clarifications andinterpretations of the Contract Documents are needed and trarmiiI to CONTRACTOR clarification and interpretation of the Contract Documennts as issued by tKe ENGINEER 3'.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for Ejcncu antcom-nom191os(199bemuao rvrcnYOFFORT COLLINS ntoDII cIC FIONs(ituv.ta000) inoditicatiori in Draiymys or Specifications and reppri these recommendations"to'ENGINEER. Accurately transmit, to .CONTRACTOR decisions' issued by the ENGINTEER 9:3.2.7: Records 9.3:2X Reports. I'untish ENGINEER 'p- iodic ropoAs as re bf the prt�ress of he Work and -of the CONTRACTOR'S .gWi Hance with the progress schedule and schedule of shop 'Drawing and sample su mmt4 9 3.2:5 2 Cormilt with ENGINEER in advance of scheduling rumortests inspectionsorstamof impotant ohmes of tlx Work 9.3 2.5:3 Drag proposed Change Orders and Work Directive Qhjug�z obtaining backup material from the CONTRACTOR .and recommend _to ENGINTEER Chartge Orders, Work DirectiveChangesand field orders. 9.32.8.4. Report immediately to ENGL%T,,ER and OWATER'the occurrence of any accident. 93.29. Riymi nt Rciluests. Review applications for pat m with CONTRACTOR for:mmpliancc with Ihe, established procedure for their submission and fonvnrd with recommendation to • ENGINEER noting particularly the relationship of the ymient reouested to the schedule of values work completed and materials and equipment :delivered at the site but not -incorporated, in the, Work.. . 9.312:10. Comoletion. 9:32,10:1. Before ENGINEER issues a Certificate' of. Substantial `Cornpletior submit to CONTRACTOR a list of ohserced items: iequirine carrectionbi completion. 9.3 2.10?. Conduct final inspection in the company'of- the ENGINTF"'R,MNER and CONTRACTOR 'land 'prc'lztre a.final list of items tobe'corrected or. completed. 9:32:10.3. Observethat all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning aeaeptance. 933. Limitation of Authority: The Remresentative,shall not: 9:33.1. Authorize my deviation from the Contract Documents 'or accept any suhstituto materials_or egai'pntent,unless authorized ]iy_the ENGINFM 9.3:32. Exceed limitations of E NGINERR'S authority as set 'forth'inthe ContmaDocuments - 9.3.3."3: LJndcrtakc any of'thc're5poiisibilitics of the. CONTRACTOR_ Subcontractors: or CONTRACTOR'S superintendent, 9.3:3A. Advise on. or issue directi0nLrelntive' to or assume control over any :aspect of the Ricans methods; techniques. seouences ,or procedures for construction finless such is specificallycalled for in the Contract Documents. 9.3.3.5. Advise on or issue directions, �gardinQ "or assume control over sAfcq, precautions grid pro,ams in; connections with the - Work. 9.3.3.6. Accent Shop Drawings or =sample- submitttls from anvone 'other than the CONTRACTOR 9.3.33. .Authorize OWNER to occupy the Work4n whole or in part. - - - 9.3.3.8. .Participate -in specialized field or laboratory tests or inspections conducted by others except asspecifically authorized bv. the ENGINEER Clarificatimis arrd Interpretations: 9.4. ENGINEER will issue-wiih reasonable promptness such written clarifications or interpretations of the wcucGEtNR;v, con'ntrloh5 silos (1990Ed tim) w1 dw OF FORT 6bw?-5 M0DI14CA110eUS (REV -0l2000) • its of the Contract Documents (in the'form of or otherwise) as ENGINEER may. dcierim me which shall be consistent with the mtenfof and or extent, Inereot, it any UVYNhK Or ..may make':.:a written claim therefor as AutdorizeMarialions in Mvrk: Field Order I also, on rk involved VFRror or is Rejecting Defediiv A%rk: - Shop Drawings, -Change Orders and,7 irnients: 9.7; In connectiotrwith-ENGINEERS authority.as to ShoppDrawingsand Samples; see paragraphs 6.24 through 6:219 mclusivg: M. in connection with ENTTG1NEER's authority as -to Change Ordera see Articles 10. 1 l; and l i 9.9: In connection with ENGINEER's•aulhcrily.as to Applications for Payment, see Article 14, Determinations far Unit Prices: 9.10.ENGINEER will, determine. the actual quantities grid classifications of Unit Price }York`rfonp peed .by CONTRACTOR: . ENGINEER trill review :with CONY'RACI'OR the ENGINEF.R's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for'Payiucnt or otNrvise). 'ENGINEER's'written'decision -thereon will be 4fiml and binding upon OWNER and CONTRACTOR. unless. within ten days.,atfer the;date of am such decisioiL 'either OWNER or CONTRACTOR ::to the other'and ao ENGIATE p to appeal fi ntm ENG&FER': from ENGIN)ER's decision is Ind in'accorcdanee with the pr has been entered tnlo, a foinral pr0'cev1iiig is instituted, by the.appealino party in a'fgrum of competent jurisdiction' to exercise such rights or remedies as the appealing party may Faye with respect to FNGINFF.R's decision, unless otherwise agrccd in ivriting by OWNER- and CON TRACTOR. Such appeal wilt not be subject to the procedures of paragraph 9.11. Decisions at: DLvpare.s 9.11 ENGINFFR will he the initial interpreter of the requirements of the Contract Documents and fudge of the accephibility of the Work thereunder- Claims, disputes and Other matters relating to the acceptability of the Work or the intcmrctation of the requirements of the Contract: decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 912. When functioning as:interpreter and ju&ge under part lgp" 9.16 and 9 L ENGINEER will not.'slinv partiality to;01\'NFR or CON'I RAC'I'OR and will not be liable in connection -with any uiierpretation or decision rendered in good faith in.such capacity. The rendering of a decision by ENGINEER pursuant to panigrap1r, 9.10 or 9.11 with respect to any such claim. dispute or other matter (except any lvhich have been'waived by thz`mal irig or acceptance of rural payment as' provided in pamerapll 14,15) -will be a condrhorl precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the C_ontinct Documents or v Laws or Kegulations in respcct'of am• suchms da, dispute m othermalter-pursearttte1ltttsle-16. 9.13. Limitations on GNG'INI ER'S Authvriti, and Reiponsihilities: 9,131 Neither F.NGINFF,R's_ authority or reslxntsrhidity under' this Article 9.orundci an), other provision of the Contract Documents nor -any decision made by ENGINEER in good faith either to'esercise or.not exercise such authdniv or restxthsibility or the the Work 'and claims under Articles, I I and 12.in respect of or,eesponsibility by FNGiNF,F,R-shall create, impose changes in the Contract Price or Contract Times will be or, gee rise- to any duty owed by ENGINE•E•R:to referred initially to ENUINHER in writing with a request: CONTRACTOR, any Subcontractor, any Supplier; for a formal decision in accordance ti•ith this paragraph. any other person or organization, or to any surety for Written "notice of each such claim, di.srrUtc or othcr'rnattcr or employed or A&nVof any of them. will be -delivered by the claimarit'to ENGMER and the other party to, the Agreement promptly, (but in no event 9.13 ENGINEER will not supservise, direct, later than thirty days)'alter the start of the occurrence'or control or have authority owr'or b6:ie:9ponsible for event giving rise thereto, and written supporting data will CONTRACTOR's means, methods, technique.% he submitted to FNCTINFFR and the ,other party within seIquena s or. procedures of construction, or the safety silly days alter the siartof such occurrence 6nevent-unless precautions'and progntats _incident thereto, or for any: ENGINEER allows -an additional period of time for the failure of CONTRACTOR to comply.%vith Laivs and submission of additional or more accurate data in support= Regulations applicable to the fiirnishing or of such claim, _dispute or other matter. The opposing party perfonuance, of the Work. ENGINEER ivill not be shall submit any response to ENGINEER and the claimant responsible for CONTRACTOR's failure to perform, 'Within thirty days _after . receipt of the: claimant's last or fia-ra the Work in accordance with the Contract submittal (unless' F.NGiNF.F.R' allows additiorml .time). Documents: IRTIGI\i LEER will render a Torus] decision in writing within thirty days tdier receipt of the. opposing party's submittal, if 9.13.3. LATGINEER will not be responsible for the .any, inaccordance north paragaph ENGINEER acts or omissions of CONTRACTOR or of any -INS written decision on such claiin,-dispute or other matter will Subcontractor, an), Supplier,or of any�other persoh•or be final and binding, upon OWNER and CONTRACTOR or zatiun performing g or Cumishu a any of the unless: (i) an appeal from ENGINEERS decision is taken work. within the time limits and in ;accordance with the procedures set forth in EXHIBIT GC -A. 'Dispute 9.13 . ENGINEER'sreview ofthe final Application Resolution Agreement", entered into between OWNER and for PaVmentand accompanying ;documentation and CONTRACTOR pursuant to Article 16, or (ii) if no such all maintenance and operating instructions, schedules, Dispute Resolution Agreement has been,enfered into; .a, gu trantees,.Bonds and certificates of ihspection,.tests written notice; of intention to appeal from ER's and appiovals and other documentahon required to 6e ,ENGNI written decision is delivered by OyINER or flehvered, by. Ixiaigaph I4.12 will only be to 'CONTRACTOR to the other and to ENGINEER within determine generally;ahat thiir con.tent•complies with thirty days alter the date of such decision and a Coral, the requirements of, and in the case of certificates of ' proceeding is instituted by the appalirig part), in a forum;of nspecuons, tests and approvals .that the results competent jurisdiction to e:�ercise such nuhts; ur remedies con certified indicate compliance with the ,Contract appealing party,may have with respect to such claim, Documents. iiispute or other matter m'accordance with applicable Laws innd Regulations within si%ty days of the date of ,such 9.13.5. The limitations upon authority and e)coCQt N�CONUlnomi9io-so06eatim) 22 w/ CITY OF FORT cbLLI Ns R10U117 CATIONS (IRLV,12000) 9