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HomeMy WebLinkAbout107133 BATH INC - CONTRACT - AGREEMENT MISC - BATH INC (3)• 0 Collins rcha SPECIFICATIONS Financial Services Purchasing Division 215 N. Mason St. 2" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.22 1 .6707 fcgor.condpurchasing CONTRACT DOCUMENTS FOR SOUTH TRANSIT CENTER LANDSCAPING & IRRIGATION PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS SECTION 00510 NOTICE OF AWARD DATE: March 19, 2014 TO: Bath Landscape & Irrigation Inc. PROJECT: South Transit Center Landscaping & Irrigation OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated January 28, 2014 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for South Transit Center Landscaping & Irrigation. The Price of your Agreement is One Hundred Thirty -Five Thousand Nine Hundred Ten Dollars and Sixty -One Cents ($135.910.61). 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 April 3, 2014. 0 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your • signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. Citv of Fo lin OWNER By: /1 Ge4 S. Paul / I Director of Purchasing &Risk Management a,FD 0 SutteCs Gold Potentilla Potentilla fruticosa'Sutter's Gold' 14 5 gal Creeping Western Sandcherry Prunus besseyi'Pawnee Buttes' 11 5 gal Western Sandcherry Prunus Besseyi 14 5 gal Yellow. Flowering Currant Ribes aureum 41 5 gal ':DoubleWhite Shrub Rose Rosa x 'Iceberg' 4 .5 gal Boulder.Raspberry Ru6usdeliciosus 19 5gal GoldflameSpirea Spireajaponica 'Goldflame' 30 5gal Magic CarpetSpirea Spirea japonica 'Magic Carpet' 17 5gal Flowering Choice.Spirea Spirea x'Flowering Choice' 38 5 gal Miss Km Dwarf Lilac Syringa patula"Miss Kim' 17 5 gal Ornamental Grasses Variegated Reed Grass Calamagrostis x acutiflora'Overdam' 52 1 gal Karl Forester Feather Reed Calamagrostis acutiflora 111 1 gal Grass Tufted Hair Grass Deschampsla cespitosa 58 1 gal Blue Avena Grass Helictotrichon sempervirens 27 1 gal Blue Switchgrass P.anicum virgatum'Heavy Metar 43 i gal Dwarf Fountain Grass Pennisetum alopercuroides'Hameln' '98 1 gal Little.Bluestem Grass Schizachyrium scoparium'Blaze 41 1 gal Perennials, Groundcovers, & Vines Coronado Hyssop Agastache surantiaca'Coronado' 36 .1;gal • Prairie Winecups Callirhoe involucrata 18 1 gal Plumbago Ceratostigma plumbaginoides 49 1 gal Sweet Woodruff Gallium odoratum 5 1gal White Evening Primrose Oenothera caespitosa marginata 6 1 gal Missouri Evening .Primrose Oenothera macrocarpa 20 1 gal Virginia Creeper Parthenocissasquinquefolia 25 lgal Black Eved Susan Rudbeckia fuleida'Goldstrum' 13 1 eal 0 • SECTION 02810 IRRIGATION SYSTEM PART 1: GENERAL 1.1 SCOPE Furnish all labor, materials, supplies, equipment, tools and transportation, and perform all operations in connection with and reasonably incidental to the complete installation of the irrigation system and booster pump, 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. Connection of electrical power supply to the irrigation control system. D. Installation and communication testing of central control components as part of irrigation control system. E. Maintenance period. F. Sleeving for irrigation pipe and wire. 1.2 WORK NOT INCLUDED • Items of work specifically excluded or covered under other sections are: A. Payment of all development, plant investment, or any other fees and permits associated with the purchase and installation of the tap. B. Connection of electrical power supply to the irrigation control system. C. Installation of pumping plant for irrigation system. A. Deliver four (4) copies of all required submittals to the Owners' Representative within 15 days from the date of Notice to Proceed. B. Materials List: Include pipe, fittings, mainline components, water emission components, control system components. Quantities of materials need not be included. C. Manufacturers' Data: Submit manufacturers' catalog cuts, specifications, and operating instructions for equipment shown on the materials list. D. Shop Drawings: Submit shop drawings called for in the installation details. Show products required for proper installation, their relative locations, and critical dimensions. Note modifications to the installation detail. E. Project Record Drawings: Submit project record (as -built) drawings to Owner prior to commencement of maintenance period (refer to specification section 3.12 for specific 0 requirements). • 1.4 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. 1.5 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 any time after partial completion of backfill. Pipelines jointed with solvent -welded PVC joints shall be allowed to cure at least 24 hours before testing. C. Subsections of mainline pipe may be tested independently, subject to the review of the Owners' Representative. . 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 120 PSI for two hours. Test with mainline components installed. A 2 PSI pressure variation is allowed. 2) Subject lateral pipe to a hydrostatic pressure equal to the anticipated operating pressure of 50 PSI. Test with risers for sprinklers capped. 3) Backfill to prevent pipe from moving under pressure. Expose couplings and fittings. 4) Leakage will be detected by visual inspection. Replace defective pipe, fitting, joint, valve, or appurtenance. Repeat the test until the pipe passes test. a. Cement or caulking to seal leaks is prohibited. F. Operational Test: 1) Activate each remote control valve in sequence from controller. The Owners' Representative will visually observe operation, water application patterns, and leakage. 2) Replace defective remote control valve, solenoid, wiring, or appurtenance to correct operational deficiencies. 0 South Transit Center 02810 - 2 100% Construction Documents 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. G. Central Control System Acceptance Test: 1) Upon completion of the centralized control system installation and Final Review, a System Acceptance Test must be passed. 2) Following Final Review, an evaluation period will commence. Upon completion of 30 days of continuous service without major system problems, the system will be accepted and the guarantee/warranty period will begin. If at any time during the 30- day evaluation period, a major system problem occurs, the source of the problem will be determined and corrected and the 30-day evaluation period will start again. Equipment will not be accepted until such time as the System Acceptance Test is passed. 3) If successful completion of the System Acceptance Test is not attained within 90 days following Final Review, the Engineer/Landscape Architect/Owner's Representative has the option to request replacement of equipment, terminate the order, or portions thereof, or continue with the System Acceptance Test. These options will remain in effect until such time as a successful completion of the System Acceptance Test. • 4) Final payment will be made after successful completion of the final System Acceptance Test. H. Signal Wire: 1) Test for leaks to ground per manufacturer's recommendations. Test results must meet or exceed manufacturer's guidelines for acceptance. 2) Replace defective wire, underground splices, or appurtenances. Repeat the test until the manufacturer's guidelines are met. 1.6 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. • 1.7 GURANTEE/ WARRANTY AND REPLACEMENT South Transit Center 02810 - 3 100% Construction Documents s The purpose of this guarantee/warranty is to insure that the Owner receives irrigation materials of prime quality, installed and maintained in a thorough and careful manner. A. For a period of one year from commencement of the formal maintenance period, guarantee/warranty irrigation materials, equipment, and workmanship against defects. Fill and repair depressions. Restore landscape or structural features damaged by the settlement of irrigation trenches or excavations. Repair damage to the premises caused by a defective item. Make repairs within seven days of notification from the Owners' Representative. B. Contract documents govern replacements identically as with new work. Make replacements at no additional cost to the contract price. C. Guarantee/warranty applies to originally installed materials and equipment and replacements made during the guarantee/warranty period. PART 2: MATERIALS 2.1 QUALITY Use materials which are new and without flaws or defects of any type, and which are the best of their class and kind. 2.2 SUBSTITUTIONS Pipe sizes referenced in the construction documents are minimum sizes, and may be increased • at the option of the Contractor. 2.3 SLEEVING A. Install separate sleeve beneath paved areas to route each run of irrigation pipe or wiring bundle. B. Sleeving material beneath pedestrian pavements shall be PVC Class 200 pipe with solvent welded joints. C. Sleeving beneath drives and streets shall be PVC Class 200 pipe with solvent welded joints. D. Sleeving diameter: as indicated on the drawings and installation details or equal to twice that of the pipe or wiring bundle. 2.4 PIPE AND FITTINGS A. Mainline Pipe and Fittings: 1) Use rigid, unplasticized polyvinyl chloride (PVC) 1120, 1220 National Sanitation Foundation (NSF) approved pipe, extruded from material meeting the requirements of Cell Classification 12454-A or 12454-13, ASTM Standard D1784, with an integral belled end. 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 • South Transit Center 02810 - 4 100% Construction Documents • 200. a. Use solvent weld pipe for mainline pipe with a nominal diameter less than 3- inches or where a pipe connection occurs in a sleeve. Use Schedule 40, Type 1, PVC solvent weld fittings conforming to ASTM Standards D2466 and D1784. Use primer approved by the pipe manufacturer. Solvent cement to conform to ASTM Standard D2564. Lateral Pipe and Fittings: 1) Use rigid, unplasticized polyvinyl chloride (PVC) 1120, 1220 National Sanitation Foundation (NSF) approved pipe, extruded from material meeting the requirements of Cell Classification 12454-A or 12454-13, ASTM Standard D1784, with an integral belled end suitable for solvent welding. Use class 200, SDR-21, rated at 200 PSI, conforming to the dimensions and tolerances established by ASTM Standard D2241. Use PVC pipe rated at higher pressures than Class 200 in the case of small nominal diameters which are not manufactured in Class 200. Use UV radiation resistant Schedule 40, Type 1, PVC solvent weld fittings conforming to ASTM Standards D2466 and D1784 for PVC pipe. 2) Use primer approved by the pipe manufacturer. Solvent cement to conform to ASTM Standard D2564, of a type approved by the pipe manufacturer. 3) For drip irrigation laterals downstream of zone control valves, use UV radiation • resistant polyethylene pipe manufactured from Prime Union Carbide G-resin 7510 Natural manufactured by Union Carbide or a Union Carbide Licensee with a minimum of 2% carbon black, and minimum nominal pipe ID dimension of 0.810" for 3/4 inch pipe. Use PVC /compression line fittings compatible with the drip lateral pipe. Use tubing stakes to hold above -ground pipe in place. • C. 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) Galvanized steel pipe: Use Schedule 40 conforming to ASTM Standard Al20. Use galvanized, threaded, standard weight, malleable iron fittings. 3) Ductile iron pipe: Use Class 50 conforming to ASTM Standard. Use Class 50 ductile iron fittings. 4) Use a dielectric union wherever a copper -based metal (copper, brass, bronze) is joined to an iron -based metal (iron, galvanized steel, stainless steel). 5) Swing joints shall be rated at 315 psi, and use 0-ring and Marlex street elbows and Sch 80 PVC nipple construction. South Transit Center 02810 - 5 100% Construction Documents 6) Low Density Polyethylene Hose: • a. Use pipe specifically intended for use as a flexible swing joint. Inside diameter: 0.490+0.010 inch. Wall thickness: 0.100+0.010 inch. Color: Black. b. Use spiral barb fittings supplied by the same manufacturer as the hose. 7) Assemblies calling for threaded pipe connections shall utilize PVC Schedule 80 nipples and PVC Schedule 40 threaded fittings. 8) 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. D. Marking Tape: 1) Mainline Pipe - Christy underground I.D. tape TA-DT-3-P-NPW. (DESIGNER NOTE: Non Potable detectable marking tape is called out; see pg 16 in Christy catalog for spec designations ). E. Thrust Blocks: 1) Use thrust blocks for fittings on pipe greater than or equal to 3-inch diameter or any • diameter rubber gasketed pipe. 2) Use 3,000 PSI concrete. 3) Use No. 4 Rebar wrapped or painted with asphalt tar based mastic coating. Joint Restrain Harness: 1) Use a joint restrain harness wherever joints are not positively restrained by flanged fittings, threaded fittings, and/or thrust blocks. 2) Use a joint restrain harness with transition fittings between metal and PVC pipe, where weak trench banks do no allow the use of thrust blocks, or where extra support is required to retain a fitting or joint. 3) Use bolts, nuts, retaining clamps, all -thread, or other joint restrain harness materials that are zinc plated or galvanized. 4) Use on pipe greater than or equal to 3-inch diameter or any diameter rubber gasketed pipe. 2.5 MAINLINE COMPONENTS A. Main System Shutoff Valve: As per local practice and in compliance with local code. Winterization Assembly: As per local practice and in compliance with local code. . South Transit Center 02810 - 6 100% Construction Documents • C. Master Valve Assembly: As presented in the installation details. D. 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. E. Quick Coupling Valve Assembly: Double swing joint arrangement as presented in the installation details. :7I:i:7[eL\i[iP.[�Ii751aiP.fMk i A. Remote Control Valve (RCV) Assembly for Sprinkler Laterals: As presented in the installation details. Use wire connectors and waterproofing sealant to join control wires to solenoid valves. Use standard Christy I.D. tags with hot -stamped black letters on a yellow background. 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. Install Toro CDEC-ISP-1 decoder on each valve for communication on 2-wire control system. B. Sprinkler Assembly: As presented in the drawings and installation details. Use the sprinkler manufacturer's pressure compensating screens (Rain Bird PCS) to achieve 30 PSI operating conditions on each sprinkler and to control excessive operating pressures. 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. Use standard Christy I.D. tags with hot -stamped black letters on a yellow background. 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. Install Toro CDEC-ISP-1 decoder on each valve for communication on 2-wire control system. B. Drip Emitter Assembly: 1) Barb -mounted, vortex and/or pressure compensating emitter device as presented in the installation details. The device shall be Rain Bird Xeri-bug XB-10pc series. 2) Install emitter types and quantities on the following schedule: a. Ground cover plant: 1 single outlet emitter each or 1 single outlet emitter per square foot of planting area, whichever is less. b. Shrub: 2 single outlet emitters each. c. Trees in Beds: 4 single outlet emitters each or 1 multi -outlet emitter each (with 4 outlets open). d. Trees in Native: In -line drip tubing rings. See detail. 3) Use 1/4-inch diameter flexible plastic tubing to direct water from emitter outlet to emission point. Length of emitter outlet tubing shall not exceed five feet. Secure emitter outlet tubing with tubing stakes. 4) Install an access sleeve for each multiple -outlet emitter located in a turf area. C. Flush Cap Assembly: as presented in the installation details. Locate at the end of each drip is irrigation lateral pipe. Install a separate valve box over a 3-inch depth of 3/4-inch gravel South Transit Center 02810 - 7 100% Construction Documents 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: As required by control system manufacturer. 3) Valve output surge protection arrestors: As required by control system manufacturer. 4) Lightning protection: 4" x 96" x 0.0625" copper -clad grounding plate. 5) Wire markers: Pre -numbered or labeled with indelible non -fading ink, made of permanent, non -fading material. 6) Valve output surge protection arrestors: As recommended by controller manufacturer. Ground every 12 decoders or 1,000 feet per Toro specifications. 7) Ground the end of every wire run per Toro specifications 8) Additional Central Control radio communication equipment as determined by a communication test. See Section 3.9. • B. Instrumentation: 1) As presented in the drawings and installation details. 2) Flow Sensor: Data Industrial Model IR220B with polypropylene mounting saddle. 3) Central control communication components C. Control Wire: 1) Use Toro jacketed decoder cable (2414 AWG wires), direct burial, solid copper, for power to decoders. Install per Toro specifications. 2) 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) Encase wiring not located near PVC irrigation pipe in PVC Schedule 40 electrical conduit. OTHER COMPONENTS A. Tools and Spare Parts: Provide operating keys, servicing tools, test equipment, other 0 South Transit Center 02810 - 8 100% Construction Documents 0 items, and spare parts indicated in the General Notes of the drawings. PART 3: EXECUTION 3.1 INSPECTIONS AND REVIEWS A. Site Inspections: 1) Verify site conditions and note irregularities affecting work of this section. Report irregularities to the Owners' Representative prior to beginning work. 2) Beginning work of this section implies acceptance of existing conditions. 3) Contractor will be held responsible for coordination between landscape and irrigation system installation. 4) Landscape material locations shown on the Landscape Plan shall take precedence over the irrigation system equipment locations. If irrigation equipment is installed in conflict with the landscape material locations shown on the Landscape Plan, the Contractor will be required to relocate the irrigation equipment, as necessary, at Contractor's expense. B. Utility Locates ("Call Before You Dig"): 1) Arrange for and coordinate with local authorities the location of all underground utilities. • 2) Repair any underground utilities damaged during construction. Make repairs at no additional cost to the contract price. C. Irrigation System Layout Review: Irrigation system layout review will occur after the staking has been completed. Notify the Owners' Representative two days in advance of review. Modifications will be identified by the Owners' Representative at this review. 3.2 LAYOUT OF WORK A. Stake out the irrigation system. Items staked include: sprinklers, pipe, control valves, manual drains, controller, and isolation valves. B. Install all mainline pipe and mainline components inside of project property lines. 3.3 EXCAVATION, TRENCHING, AND BACKFILLING A. Excavate to permit the pipes to be laid at the intended elevations and to permit 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) Control wire under mainline. 3) 16-inch over lateral pipe to sprinklers and over manifold pipe to drip system zone • control valves. South Transit Center 02810 - 9 100% Construction Documents • SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 19th day of March in the year of 2014 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Bath Landscape & Irrigation 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 South Transit Center Landscaping & Irrigation. This work shall consist of seeding, irrigation, and landscaping at the South Transit Center including trees, shrubs, sod, seed, compost application and mixing, planting bed mulch supply and installation, weed barrier fabric and crusher fines. Plans (South Transit Center) and specifications (Specifications and Contract Documents for MAX BRT South Transit Center, Bid No. 7382) are provided under separate cover and are considered a part of this contract by reference. ARTICLE 2. ENGINEER The Project has been designed by Aller Lingle Massy Architects. The City of Fort Collins Engineering department, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete by May 9, 2014, 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 thirty (30) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal 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 0 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 tines 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. Backfilt 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) Backfitt 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 backfitt 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. Dispose of excess backfill off site. Where utilities conflict with irrigation trenching and pipe work, contact the Owners' Representative for trench depth adjustments. 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 • South Transit Center 02810 - 10 100% Construction Documents • 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 Rubber-Gasketed Pipe: a. Use pipe lubricant. Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices. b. Epoxy -coated steel fittings shall not be struck with a metallic tool. Cushion blows with a wood block or similar shock absorber. 3) 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. 4) Fittings: The use of cross type fittings is not permitted. C. Lateral Pipe and Fittings: 1) Use only strap -type friction wrenches for threaded plastic pipe. 2) PVC Solvent Weld Pipe: a. Use primer and solvent cement. Join pipe in the manner recommended by the manufacturer and in accordance with accepted industry practices. b. Cure for 30 minutes before handling and 24 hours before allowing water in the pipe c. Snake pipe from side to side within the trench. 3) UV Radiation Resistant Polyethylene Pipe: a. Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices. b. Snake pipe from side to side within the trench, on the soil surface, and hold in place with tubing stakes spaced every five feet. • 4) Fittings: The use of cross type fittings is not permitted. South Transit Center 02810 - 11 100% Construction Documents 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) Galvanized Steel Pipe: a. Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices. b. Use factory -made threads whenever possible. Field -cut threads will be permitted only where absolutely necessary. Cut threads on axis using clean, sharp dies. c. Apply Teflon -type tape or pipe joint compound to the male threads only. 3) Ductile Iron Pipe: a. Use push -on joints whenever possible. Use pipe lubricant. Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices. 4) Insert a dielectric union wherever a copper -based metal (copper, brass, bronze) and • an iron -based metal (iron, galvanized steel, stainless steel) are joined. 5) Pre -fabricated double swing joints: Install per City of Fort Collins standards and details. 6) Low Density Polyethylene Hose: Install per manufacturer's recommendations. 7) 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. 8) Make metal -to -metal, threaded connections with Teflon -type tape or pipe joint compound applied to the male threads only. E. Thrust Blocks: 1) Use cast -in -place concrete bearing against undisturbed soil. 2) Size, orientation and placement shall be as shown on the installation details. 3) Install rebar with mastic coating as shown on the installation details. F. Joint Restrain Harness: J South Transit Center 02810 - 12 100% Construction Documents 1) Install harness in the manner recommended by the manufacturer and in accordance with accepted industry practices. 2) Install self -restraining casing spacers at all pipe bell joints and every 10-feet along the mainline pipe routing through sleeving. Provide correct number and type of restraint per manufacturer's requirements. 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. Master Valve Assembly: Install where indicated on the drawings. D. Isolation Gate Valve Assembly: 1) Install where indicated on the drawings. 2) Locate at least 12-inches from and align with adjacent walls or edges of paved areas. E. Quick Coupling Valve Assembly: Install where indicated on the drawings. 3.7 INSTALLATION OF SPRINKLER IRRIGATION COMPONENTS • A. Remote Control Valve (RCV) Assembly for Sprinkler 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 12-inches from adjacent walls, fences, or edges of paved areas. • 4) Locate spray sprinklers 3-inches from adjacent walls, fences, or edges of paved South Transit Center 02810 - 13 100% Construction Documents areas. 0 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. 3.8 INSTALLATION OF DRIP IRRIGATION COMPONENTS 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. Set RCV assembly discharge pressure to 30 PSI. B. Zone Control Valve Assembly: Install at locations shown on the drawings. C. Drip Emitter Assembly: • 11 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) Install an access sleeve as part of each multiple -outlet emitter assembly for emitters located in turf areas. 5) Use tools and techniques recommended by the manufacturer. Make openings for barb -mounted emitters with the emitter manufacturer's hole - punching tool. D. Flush Cap Assembly: Install at the end of each drip irrigation lateral pipe as shown on the installation details. E. Pressure Adiustment Procedure: 1) Fully open all zone control valves and energize the RCV assembly. 2) Determine which emitter has the least outlet pressure; this is the critical emitter. 3) Identify zone control valve associated with the critical emitter; this is the critical zone control valve. 0 South Transit Center 02810 - 14 100% Construction Documents • 4) Set discharge pressure of RCV such that the critical vortex emitter has a pressure of 15 PSI + 2 PSI and/or the critical pressure compensating emitter has a pressure of 25 PSI + 5 PSI. Measure with pressure gauge attached to critical emitter. 5) Identify the critical emitter for remaining zone control valves. 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 during irrigation system installation. 2) Lightning Protection: A 25-foot continuous length (no splices allowed unless using exothermic welding process) of 6 AWG solid bare copper wire is to be attached to the plate by the manufacturer using an approved welding process. Install grounding plate to meet minimum requirements of Article 250-52 (d) of the 199 National Electric Code. Plate must be made of a copper alloy. Wire is to be connected to the electric equipment ground lug as shown in the detail of page 1. The ground plate is to be installed to a minimum depth of 30", or below the frost line if it is lower than 30", at a location 8 feet from the electronic equipment and underground wires and cables. Two (2) 50-pound bags of PowerSet® [Paige Electric part number 1820058] earth contact material must be spread so that it surrounds the copper plate evenly along its length within a 6" wide trench. Salts, fertilizers, bentonite clay, cement, coke, carbon, and other chemicals are not to be used to improve soil conductivity because these materials are corrosive and will cause the copper electrodes to erode and become less effective with time. 3) Lightning protection: Provide on all remote control valve wiring as recommended by the manufacturer. Provide other components such as ground rod, grounding wire, etc., to manufacturer's recommendations. 4) Install primary surge protection arrestors on incoming power lines. 5) Install one valve output surge protection arrestor on each control wire and one for the common wire. 6) 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. 7) Connect control wires to the corresponding controller terminal. 8) Contractor shall schedule Central Control communication radio test with the control system manufacturer representative. On -site controller must communicate by radio with the Central Control system at the Fossil Creek Park Maintenance Facility. B. Instrumentation: • 1) Install sensors per the installation details and manufacturer's recommendations. South Transit Center 02810 - 15 100% Construction Documents Install at locations shown on the drawings. , 2) Install electrical connections between irrigation controller and sensors per manufacturers 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 f - inch pipe. Coil 24-inch length of wire within each remote control valve box. 3) Install spare two wire Toro jacketed decoder cable along entire length of mainline, pulled into each valve box and into the controller. 4) Install control wire under mainline. 5) Do not encase control wires in thrust blocks. 6) If a control wire must be spliced, make splice with wire connectors and waterproof sealant, installed per the manufacturers 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. 7) 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. 8) Encase wire not installed with PVC mainline pipe in electrical conduit. 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. 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 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. • South Transit Center 02810 - 16 100% Construction Documents • A. 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 backf tow prevention device, each controller or control unit, each sleeve end, each stub -out for future pipe or wiring connections, and other irrigation components enclosed within a valve box. • B. Prior to Final Review, obtain electronic copy of the drawings. Using AutoCAD, duplicate information contained on the project record 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. Upon completion of Final Review, maintain irrigation system for a duration of 30 calendar days. Make periodic examinations and adjustments to irrigation system components so as to achieve the most desirable application of water. B. Following completion of the Contractor's maintenance period, the Owner will be responsible for maintaining the system in working order during the remainder of the guarantee/warranty period, for performing necessary minor maintenance, for trimming around sprinklers, for protecting against vandalism, and for preventing damage during the landscape maintenance operation. 3.13 CLEAN-UP A. Upon completion of work, remove from the site all machinery, toots, excess materials, and rubbish. End of Section South Transit Center 02810 - 17 100% Construction Documents SECTION 02920 LAWNS AND GRASSES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1i W�41L',1d,L•1ffi1 A. Section Includes: 1. Dryland and Riparian Seeding. 2. Organic amendments (compost). 3. Topsoil - Stockpiled or imported. 4. Erosion -control material(s). 5. "Warranty and Satisfactory - Seeded areas. 6. Maintenance. B. Related Sections: 1. Division 2 - Section "Selective Clearing and Pruning' for protection of existing trees and plantings, topsoil stripping and stockpiling and site clearing. 2. Division 2 - Section "Earthwork" for grading, excavation, sub -grade, soil stabilization and treatment, slope protection and surface contouring. 3. Division 2 - Section "Grading" for constructing, shaping and finishing site earthwork. 4. Division 2 - Section "Irrigation Systems" for sprinkler irrigation. 5. Division 2 - Section "Exterior Plants" for border edgings. 6. Division 2 - Section "Hydro Mulching". 7. Division 2 - Section 'Transplanting". 8. Division 2 - Section "Plant Maintenance". 9. Section 01015 - LEED Requirements. 1.3 DEFINITIONS A. Finish Grade: Elevation of finished surface of planting soil. B. Planting Soil: Existing or imported topsoil, manufactured topsoil, or surface soil modified to become topsoil; mixed with soil amendments. C. Sub -grade: Surface or elevation of subsoil remaining after completing excavation, or top surface of a fill or backfill immediately beneath planting soil. D. Sub -soil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil organisms. South Transit Center 02920 - 1 100% Construction Documents • 0 0 1.4 SUBMITTALS • A. Product Data: For each type of product indicated. U B. LEED Submittals: Credit MR 5.1 and 5.2: Product data for regional materials indicating name, physical address and distance in miles (as the crow flies) from Project to the material manufacturer and point of extraction, harvest or recovery for each raw material. Include statement of cost for each regional material and the fraction by weight that is considered regional, excluding labor costs for installation. C. Certification of Grass Seed: From seed Vendor for each grass -seed or mixture stating the botanical and common name and percentage by weight of each species and variety, and percentage of purity, germination, and weed seed. Include the year of production and date of packaging. Certification of each seed mixture for turfgrass sod, identifying source, including name and telephone number of supplier. D. Samples for Verification: 1. Soil Analysis: Submit copies of soil test results from Colorado State University Soils Laboratory or approved substitute. Submit copies of cover letter / results with recommendations. 2. Fertilizer: Submit copy of fertilizer composition to be used and the Supplier source. E. 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. F. Material Test Reports: For existing surface topsoil (if available) and/or imported topsoil if required. G. Planting Schedule: Indicating anticipated planting dates for each type of planting. H. Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of native and wetland seeded areas during the warranty period. Submit before Substantial completion. 1.5 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful lawn establishment. Installers Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when planting is in progress. B. Soil -Testing Laboratory Qualifications: An independent laboratory, recognized by the State Department of Agriculture, with the experience and capability to conduct the testing indicated and that specializes in types of tests to be performed. C. Existing 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. South Transit Center 02920 - 2 100% Construction Documents (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Five Hundred Dollars ($500J for each calendar day or fraction thereof that expires after the May 9, 2014 deadline for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Two Hundred Fifty Dollars ($250) for each calendar day or fraction thereof that expires after the thirty (30) 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: One Hundred Thirty Five Thousand Nine Hundred Ten Dollars and Sixty -One Cents ($135.910.61), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. • 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, 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. • 1. Report suitability of topsoil for native seed growth. State -recommended quantities of nitrogen, phosphorus, and potash nutrients and soil amendments to be added to produce satisfactory topsoil. 1.6 DELIVERY, STORAGE, AND HANDLING A. Seed: Deliver seed in original sealed, labeled, and undamaged containers. B. Bulk Materials: 1. Do not dump or store bulk materials near structures, utilities, walkways and pavements, or on existing turf areas or plants. 2. Provide erosion -control measures to prevent erosion or displacement of bulk materials, discharge of soil -bearing water runoff, and airborne dust reaching adjacent properties, water conveyance systems, or walkways. 3. Accompany each delivery of bulk fertilizers and soil amendments with appropriate certificates. 1.7 PROJECT CONDITIONS A. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit. 1.8 MAINTENANCE SERVICE A. Initial Seeded Area Maintenance Service: Provide full maintenance by skilled employees of landscape Installer. Maintain as required in Part 3. Begin maintenance immediately after each area is planted and continue until acceptable seeded area is established, but for not less than the following periods: 1. Dryland or Riparian Seeded Areas: from initial installation date through Substantial Completion, and then Contractor shall provide an additional twelve (12) months of maintenance. See Section 02935 - Plant Maintenance. PART 2 - PRODUCTS 2.1 TURF GRASS SEED A. Grass Seed: Fresh, clean, dry, new -crop seed complying with AOSA's "Journal of Seed Technology; Rules for Testing Seeds' for purity and germination tolerances. B. Grass Seed Mix: Proprietary seed mix as follows: 1. Products: Native Grass Seed: Fresh, clean, dry, new seed, mixed species as follows: a. Type 1: Low Grow Mix or approved equivalent. 30% Poa compressa (Canada Bluegrass) 10% Poa secunda (Big Bluegrass) 30% Festuca rubra ssp. rubra (Creeping Red Fescue) 30% Festuca ovina (Sheep Fescue) Supplier: Pawnee Buttes Seed, Inc. South Transit Center 02920 - 3 100% Construction Documents • i 0 1.800.782.5947 info@Pawneebutteseed.com 2. Products: Dryland Seed Mix: Fresh, clean, dry, new seed, mixed species as follows: a. Type 2: Low Grow Native or approved equivalent. 10% Big Bluegrass (Sherman) 10% Sandberg / Canby Bluegrass 40% Arizona Fescue (Redondo) 40% Sheep Fescue (Ovina) Supplier: Pawnee Buttes Seed, Inc. 1.800.782.5947 info@pawneebutteseed.com 3. Products: Combination Riparian Seed Mix and Dryland Seed Mix: Fresh, clean, dry, new seed, mixed species as follows: a. Type 3: 50% Type 2 mix (above) and 50% Type 4 mix (below) or approved equivalent. Supplier: Pawnee Buttes Seed, Inc. 1.800.782.5947 info@pawneebutteseed.com 4. Products: Riparian Mix: Fresh, clean, dry, new seed, mixed species as follows: a. Type 4: Prairie Wetland Mix or approved equivalent. 12% Alkali Bulbrush 12% Switchgrass 12% Canadian Wildrye 12% Prairie Cordgrass 6% Black Creeper Sedge 6% Alkaligrass 6% Nebraska Sedge 6% Three Square Bulbrush 5% Softstem Bulbrush 5% Hardstem Bulbrush 4% Creeping Spikerush 4% Sloughgrass 2% Fowl Mannagrass 2% Indiangrass 2% Smallwing Sedge 2% Big Western 1.5% Baltic Rush 0.5% Colorado Rush Supplier: Pawnee Buttes Seed, Inc. 1.800.782.5947 info@pawneebutteseed.com 2.2 TOPSOIL • A. Planting Soil: Onsite / Stockpiled topsoil. South Transit Center 02920 - 4 100% Construction Documents Re -use surface soil stockpiled onsite (by others). Verify suitability of stockpiled soil to produce topsoil. Clean surface soil of roots, plants, sod, stone, clay lumps and other extraneous materials harmful to plant growth. a. Supplement with imported or manufactured topsoil from off -site sources, when quantities are insufficient. See Item B. below. B. Planting Soil: Imported topsoil or manufactured topsoil from off -site sources. 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. Additional Properties of Imported Topsoil or Manufactured Topsoil: Screened and free of stones one -inch (1 ") or larger in any dimension; free of roots, plants, sod, clods, clay lumps, pockets of coarse sand, paint, paint washout, concrete slurry, concrete layers or chunks, cement, plaster, building debris, oils, gasoline, diesel fuel, paint thinner, turpentine, tar, roofing compound, acid, and other extraneous materials harmful to plant growth; free of obnoxious weeds and invasive plants including quackgrass, Johnsongrass, poison ivy, nutsedge, nimblewill, Canada thistle, bindweed, bentgrass, wild garlic, ground ivy, perennial sorrel, and bromegrass; not infested with nematodes, grubs, other pests, pest eggs, or other undesirable organisms and disease -causing plant pathogens; friable and with sufficient structure to give good tilth and aeration. Continuous, air -filled, pore -space content on a volume/volume basis shall be at least fifteen (15) percent when moisture is present at field capacity. Soil shall have a field capacity of at least fifteen (15) percent on a dry weight basis. Mix imported topsoil or manufactured topsoil with the following soil amendments in the following quantities to produce planting soil in the Type 1 Seed Areas ONLY: a. See Organic Soil Amendments below. 2.3 ORGANIC SOIL AMENDMENTS 0 A. Organic amendment shall be Class 1 as defined by the Rocky Mountain Region Organics Council. Amendments shall be used in planting its or Type 1 seed areas only. 2.4 FERTILIZER A. Fertilizer - not required as part of initial sod or seed installation. See "Turf Maintenance" below. 2.5 MULCHES A. Hydro Mulch for seeding operations: See Section 02550. 2.6 PESTICIDES AND HERBICIDES A. General: Pesticide, registered and approved by EPA, acceptable to authorities having jurisdiction, and of type recommended by manufacturer for each specific problem and as required for Project conditions and application. Do not use restricted pesticides unless authorized in writing by authorities having jurisdiction. B. Pre -Emergent Herbicide (Selective and Non -Selective): Effective for controlling the germination or growth of weeds within planted areas at the soil level directly below the mulch layer. EPA registered and approved, of type recommended by manufacturer for application. 0 South Transit Center 02920 - 5 100% Construction Documents E • C�1 C. Post -Emergent Herbicide (Selective and Non -Selective): Effective for controlling weed growth that has already germinated. EPA registered and approved, of type recommended by manufacturer for application. 2.7 EROSION -CONTROL MATERIALS A. Erosion -Control Blankets: Biodegradable wood excelsior, straw, or coconut -fiber mat enclosed in a photodegradable plastic mesh. Include manufacturer's recommended stakes or staples as required. 1. Use of this product is solely at the Contractor's discretion and experience in providing the most useful way to hold the slope / swale and establishment of the specified seed mixes to the specified/expected tolerances indicated elsewhere in this specification. 2. Contractor to provide Manufacturer cut sheets / literature to the Owner's Representative, for approval, prior to placing product. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas to receive lawns and grass for compliance with requirements and other conditions .affecting performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities, trees, shrubs, and plantings from damage caused by planting operations. 1. Protect adjacent and adjoining areas from hydro -mulching overspray. 2. Protect grade stakes set by others until directed to remove them. B. Provide erosion -control measures to prevent erosion or displacement of soils and discharge of soil - bearing water runoff or airborne dust to adjacent properties and walkways. 3.3 SOIL AND FINISHED GRADE PREPARATION A. Limit sub -grade preparation to areas to be planted with dryland seed or sod. Verify rough grading provided by the roadway project is within one -tenth of a foot. Verify major drainage channels are completed and in place. Do not start work until the site is acceptable. Once landscape grading has commenced, the landscape contractor shall be responsible for bringing all grading to final line and grade. B. Stockpiled Topsoil: Re -spread topsoil to a minimum depth of 4" in all areas to receive Type 1 seed only. Place topsoil during dry weather and on dry, unfrozen subgrade. Remove vegetable matter and foreign non -organic material from topsoil while spreading. C. Soil Amendment (compost): Dryland and Riparian Seeded Areas: soil amendment is required in Type 1 seed areas only. South Transit Center 100% Construction Documents 02920 - 6 D. Sub -grades: Loosen sub -grade to a minimum depth of twelve (12) inches overall (8" of existing subgrade and 4' of new topsoil). Remove stones and clods larger than one inch (1 ") in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owners property. Repeat cultivation in areas where equipment, used for hauling and spreading topsoil, has re -compacted subsoil. E. Finish / Fine Grading: Grade disturbed planting areas to a smooth, uniform surface plane with loose, uniformly fine texture. Grade to within plus or minus one-half (1 /2) inch of finish elevation. Roll and rake, remove ridges, and fill depressions to meet finish grades. Limit finish grading to areas that can be planted in the immediate future. In seeded areas, reduce elevation of finished surface to %" below the adjacent pavement / curb elevation. Moisten prepared seed bed areas before planting if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. G. Before planting, restore areas if eroded or otherwise disturbed after finish grading. 3.4 PREPARATION FOR EROSION -CONTROL MATERIALS A. Prepare area as specified in "Lawn Preparation" Article. B. For erosion -control blanket or mesh, install from top of slope, working downward, and as recommended by material manufacturer for site conditions. Fasten as recommended by material manufacturer. C. Moisten prepared area before planting if surface is dry. Water thoroughly and allow surface to dry • before planting. Do not create muddy soil. 3.5 SEEDING A. Definitions. Weeds: Include Dandelion, Jimsonweed, Quackgrass, Horsetail, Morning Glory, Rush Grass, Mustard, Lambsquarter, Chickweed, Cress, Crabgrass, Canadian Thistle, Nutgrass, Poison Oak, Blackberry, Tansy Ragwort, Bermuda Grass, Johnson Grass, Poison Ivy, Nut Sedge, Nimble Will, Bindweed, Bent Grass, Wild Garlic, Perennial Sorrel and Brome Grass. B. Seeding Rates: 1. Type 1 (Low Grow) - 5 lbs. / 1,000 sq.ft. 2. Type 2 (Low Grow Native) - 5 lbs. / 1,000 sq.ft. 3. Type 3 (Type 2 and Type 4) - 5 lbs. / 1,000 sq.ft. 4. Type 4 (Riparian) - 10 lbs. / 1,000 sq.ft. C. Seed areas indicated on Drawings and areas disturbed by construction. Re -work previously prepared areas that have become compacted or damaged by rains or traffic. D. Apply by means of a Brillion mechanical power drawn drill seeder to a maximum depth of 1/4 inch followed by packer wheels or drag chains to provide smooth finish. Seed in 2 passes at right angles to one another. Sow half of the seed in each pass. Provide markers or other means to assure that the successive seeded strips will overlap or be separated by a space no greater than the space between rows planted by the equipment being used. • South Transit Center 02920 - 7 100% Construction Documents E. Broadcast seed in areas that are inaccessible or too steep to drill or as indicated on plans. Broadcast • seed in two (2) opposite directions. Spread seed with tackifier first then hydro mulch on top of seed. F. Restore fine grade after seeding as requested by the Owner's Representative. Cover seed to depth of 1 /4 inch by raking or dragging. G. Firm seeded areas with a roller weighing maximum of one hundred (100) lbs. per foot of width. Seed application rates shall be as specified above. H. Hydro Mulching - See Section 02550. Do not sow immediately following rain, when ground is too dry, when ground is frozen or un-tillable, or during windy periods. Selection of the time of seeding shall be Contractor's responsibility, consistent with germination and erosion control requirements. ki4:� �7:7i1I_\J �7_1�P7:717_1:71e1�4'1 � ��7��7_1:7 �\d,I_11�1Iq �GP[y � A. Maintain and establish dryland and riparian seeded areas by watering, weeding, mowing, replanting, and other operations. Roll, re -grade, and replant bare or eroded areas and re -mulch. B. Seed Establishment Period: 1. Water seeded areas as needed, minimum of two (2) times per day, until seed is established. Water so that no erosion or movement of seed or mulch occurs. Hand water as necessary to prevent movement of seed. 2. Seed establishment period shall begin upon the notice of "Conditional Acceptance" given by • the Owner's Representative in writing and continue until the turf is established. 3. Post "KEEP OFF GRASS" signs until seed is established. 4. Maintenance shall include watering and herbicide weed control as necessary. Do not apply herbicide before the first mowing, do not mow before the majority of seedlings have three leaf blades. 5. Required coverage for grass seed areas shall be twenty five (25) viable live seedlings of the species specified per square foot as measured from five (5) feet directly overhead. Determina- tion of required coverage will be based on a random sampling of the entire project area, and shall consist of a minimum of five samples, each two (2) square feet in area. Bare spots are defined as those areas larger than one square foot which do not meet the required coverage. After the inspection it is the Contractor's responsibility to perform the required maintenance within one week to insure a healthy established seeding condition. 6. The total area occupied by bare spots larger than 0.5 square feet must not exceed ten percent (10%) of the total seeded area. Maximum single bare spot size is one (1) square foot. All seeded grass areas which do not meet the satisfactory stand of growth qualification shall be re- seeded and mulched. 0 C. Watering: Use sprinkler irrigation system to keep seed bed uniformly moist. Schedule watering to prevent wilting, puddling, erosion, and displacement of seed or mulch. Lay out temporary watering system to avoid walking over muddy or newly planted areas. D. Provide weed control as required so that planting is reasonably free of weeds and undesirable grass species, diseases and insects. Utilize a broadleaf weed control product as required and a fall mowing to 6" depth during the fall season for additional weed control. See item 3.08 below. South Transit Center 02920 - 8 100% Construction Documents 3.7 WARRANTY / SATISFACTORY SEEDED AREAS A. Dryland or riparian installations shall meet the following criteria as determined by Owner's Representative: Once the maintenance periods (See 1.8 - Maintenance Service above) are completed and seed establishment is accepted, the City Representative shall issue a written notice of Final Acceptance. The guarantee period extends for one (1) growing season after Final Acceptance. 3.8 HERBICIDE AND PESTICIDE APPLICATION A. Apply pesticides and other chemical products and biological control agents in accordance with requirements of authorities having jurisdiction and manufacturers written recommendations. Coordinate applications with Owners operations and others in proximity to the Work. Notify Owner before each application is performed. B. Post -Emergent Herbicides (Selective and Non -Selective): Apply only as necessary to treat already - germinated weeds and in accordance with manufacturer's written recommendations. 3.9 CLEANUP AND PROTECTION A. Promptly remove soil and debris, created by lawn work, from paved areas. Clean wheels of vehicles before leaving site to avoid tracking soil onto roads, walks, or other paved areas. B. Erect temporary fencing or barricades and warning signs as required to protect newly planted areas from traffic. Maintain fencing and barricades throughout initial maintenance period and remove after Lawn is established. • C. Remove non -degradable erosion -control measures after grass establishment period. END OF SECTION E South Transit Center 02920 - 9 100% Construction Documents • SECTION 02930 EXTERIOR PLANTS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Trees. 2. Shrubs. 3. Ornamental Grasses. 4. Perennials. 5. Tree stabilization. 6. Organic Mulch - City of FC stockpiled material. 7. Inorganic (Rock) Mulch - Type 1 and Type 2. 8. Basalt Columns. 9. Steel Header. 10. Weed Barrier. 11. Organic Amendment (Compost). 12. Warranty. 13. Maintenance Service. B. Related Sections: 1. Section 01015, LEED Requirements. 2. Division 2 Section "Selective Clearing and Pruning" for protection of existing trees, topsoil stripping and stockpiling and site clearing. 3. Division 2 Section 'Earthwork" for grading, excavation, sub -grade, soil stabilization and treatment, slope protection and surface contouring. 4. Division 2 Section "Grading" for constructing, shaping and finishing site earthwork. 5. Division 2 Section "Lawns and Grasses" for dry land and riparian seeding. i�c��ldy12111[iPE7 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. South Transit Center 100% Construction Documents 02930-1 D. Clump: Where three or more young trees were planted in a group and have grown together as a single tree having three or more main stems or trunks. • E. Container -Grown Stock: Healthy, vigorous, well -rooted exterior plants grown in a container with well -established root system reaching sides of container and maintaining a firm ball when removed from container. Container shall be rigid enough to hold ball shape and protect root mass during shipping and be sized according to ANSI Z60.1 for type and size of exterior plant required. F. Finish Grade: Elevation of finished surface of planting soil. G. Multi -Stem: Where three or more main stems arise from the ground from a single root crown or at a point right above the root crown. H. Sub -grade: Surface or elevation of subsoil remaining after completing excavation, or top surface of a fill or backfill, before placing planting soil. Sub -soil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil organisms. 1.4 SUBMITTALS A. Product Data: For each type of product indicated. B. LEED Submittals: Credit MR 5.1 and 5.2: Product data for regional materials indicating name, physical address and distance in miles (as the crow flies) from Project to the material manufacturer and point of extraction, harvest or recovery for each raw material. Include statement of cost for each • regional material and the fraction by weight that is considered regional, excluding labor costs for installation. C. Samples for Verification: For each of the following: 1. Submit sample of each proposed in -organic and organic mulch type, in a 1 gallon plastic baggie. 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. Organic Amendment (compost) Analysis: Submit copies of amendment analysis from qualified soil testing laboratory. 4. Fertilizer: not required. 5. Landscape header: Submit a 1-foot long sample with a representative header stake and protective vinyl strip (if required). 6. Weed barrier: Submit brand name and model number/name of proposed weed barrier to be used. 7. Tree Stakes, Webbing and Rubber Protective Cap: Submit sample of each. 8. Basalt Column: Contractor shall submit photos of each column type/size specified at quarry/ material supplier for Owner's Representative to review and approve prior to delivery to the site. Contractor to provide a "ruler" in each photo to represent scale. D. Product Certificates: For each type of manufactured product, from manufacturer, and complying with the following: 1. Manufacturers 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. South Transit Center 02930-2 100% Construction Documents E. Material Test Reports: For existing surface topsoil (if available) and/or imported topsoil if required. • F. Planting Schedule: Indicating anticipated planting dates for exterior plants. G. Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of exterior plants during a calendar year. Submit before expiration of required maintenance periods. H. Warranty: Sample of warranty. Maintenance Period: See Section 02935 - Plant Maintenance. 1.5 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful establishment of exterior plants. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when planting is in progress. B. Provide quality, size, genus, species, and variety of exterior plants indicated, complying with applicable requirements in ANSI Z60.1, "American Standard for Nursery Stock." Selection of exterior plants purchased under allowances will be made by the City of Fort Collins Forester, who will tag plants at their place of growth before they are prepared for transplanting. C. 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 4-inch caliper size, and 12 inches 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. U D. Observation: City of Fort Collins' Forester 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. Owner's Representative or City Forester retains right to observe trees and shrubs further for size and condition of balls and root systems, insects, injuries, and latent defects and to reject unsatisfactory or defective material at any time during progress of work. Remove rejected trees or shrubs immediately from Project site. Notify City of Fort Collins' Forester of sources of planting materials a minimum of seven (7) days in advance of delivery to site. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver exterior plants freshly dug. B. Do not prune trees and shrubs before delivery except as approved by Owners representative. Protect bark, branches, and root systems from sun scald, drying, sweating, whipping, and other handling and tying damage. Do not bend or bind -tie trees or shrubs in such a manner as to destroy their natural shape. Provide protective covering of exterior plants during delivery. Do not drop exterior plants during delivery and handling. C. Handle planting stock by root ball. South Transit Center 02930-3 100% Construction Documents 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 1.7 M D. 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 batted 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. PROJECT CONDITIONS A. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit planting to be performed according to manufacturers written instructions and warranty requirements. B. Coordination with Turf: Plant trees and shrubs after finish grades are established and before planting turf or seeded areas unless otherwise acceptable to the City of Fort Collins. 1. When planting trees and shrubs after lawns, protect lawn areas and promptly repair damage caused by planting operations. INSPECTIONS A. Site Inspection: 1. Contractor will inspect existing site conditions and note irregularities affecting the work of this section. Verify that grading operations have been satisfactorily completed and that topsoil of adequate quantity and quality has been placed in areas as specified. Verify that the areas to be re -vegetated are protected from concentrated runoff and sediment from adjacent areas. Note previous treatments to the areas such as temporary seeding or mulching and discuss with the Owners 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 the City of Fort Collins' Forestry of an Owners Representative before planting. Inspection of materials may be sequenced by major planting areas to accommodate efficient planting operations. Plants for inspection must be in a single Location preferably on the project site. Rejected materials must be removed from the site, replaced and re -inspected before planting. If the supplier is a local nursery, tagged plants may be inspected at the nursery. Photographs of the plant materials to be obtained from non -local sources may be submitted to the Owners Representative for preliminary inspection. This preliminary inspection is subject to final approval of plants at the job site. The Owner 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 Owners Representative before they are used in planting operations. 3. Obtain City Forester's review of staked locations of trees before digging for those plants occurs. Obtain Owner's Representatives review of the location of shrubs in their containers at the proposed locations before digging commences. Contact Owner's Representative at least two (2) days in advance. South Transit Center 02930-4 100% Construction Documents • 0 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 Owners 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 City. 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 Owners Representative may grant this extension. In the event an extension is granted, the replacement plants shall be installed no later than May 15th, and the warranty shall be extended to November 15th of the same year (one growing season). 6. Final approval and Substantial Completion notice will be given when all deficiencies are • corrected. 1.9 WARRANTY A. Special Warranty: Installers 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 Contractors control. b. Structural failures including plantings falling or blowing over. C. Faulty operation of tree stabilization. d. Deterioration of metals, metal finishes, and other materials beyond normal weathering. 2. Warranty Periods from Date of Substantial Completion: a. Trees and Shrubs: One (1) year. b. Perennials and Ornamental Grasses: One (1) year. 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 25 percent dead or in an unhealthy condition 40 at end of warranty period. South Transit Center 02930-5 100% Construction Documents C. Provide extended warranty for replaced plant materials; warranty period equal to original warranty period. 1.10 MAINTENANCE SERVICE A. Initial Maintenance Service for Exterior Plants: Provide full maintenance by skilled employees of landscape Installer. Maintain as required in Part 3. Begin maintenance immediately after each area is planted and continue until plantings are acceptably healthy and wet[ established, but for not less than maintenance period below. Maintenance Period: Twelve (12) months from date of Substantial Completion. See Section 02935 - Plant Maintenance. 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 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 D. Label each tree and shrub with securely attached, waterproof tag bearing legible designation of botanical and common name. E. If formal arrangements or consecutive order of trees or shrubs is shown, select stock for uniform height and spread, and number label to assure symmetry in planting. 2.2 SHADE AND ORNAMENTAL TREES A. Shade 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 trees. 2. Branching Height: One-third to one-half of tree height. 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 and Multi -trunk clump as indicated on the Drawings. 2. Provide balled and burlapped trees. South Transit Center 02930-6 100% Construction Documents • • • 11 � � U Y 11 f lli�llbi� I :IR'•i'.' A. Form and Size: Shrubs with not less than the minimum number of canes required by and measured according to ANSI Z60.1 for type, shape, and height of shrub. 1. Provide container -grown shrubs in variety and sizes as indicated on the Drawings. 2.4 CONIFEROUS EVERGREENS A. Form and Size: Normal -quality, well-balanced, coniferous evergreens, of type, height, spread, and shape required, complying with ANSI Z60.1. B. Form and Size: Specimen quality as described, symmetrically shaped coniferous evergreens. 1. Shearing Designation: Natural, never sheared (N). 2. Provide balled and burlapped trees. 2.5 PLANTS A. Ornamental Grasses and Perennials: 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. Perennials: Provide healthy, field -grown plants from a commercial nursery, of species and variety shown or listed, complying with requirements in ANSI Z60.1. C. Ornamental Grasses: Provide healthy, field -grown plants from a commercial nursery, of species and variety shown or listed, complying with requirements in ANSI Z60.1. D. Vines: Provide vines of species indicated complying with requirements in ANSI Z60.1 as follows: 1. Two-year old plants with heavy, well -branched tops, with not less than three (3) runners, eighteen inches (18") or more in length, and with a vigorous well -developed root system. 2. Provide field -grown vines. Vines grown in pots or other containers of adequate size and acclimated to outside conditions will also be acceptable. 2.6 TOPSOIL A. Topsoil: ASTM D 5268, pH range of 5.5 to 7, a minimum of four -percent (0) 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. Topsoil Source: Reuse surface soil stockpiled on -site (by others). Verify suitability of stockpiled surface soil to produce topsoil. Clean surface soil of roots, plants, sod, stones, clay lumps, and other extraneous materials harmful to plant growth. a. Supplement with imported or manufactured topsoil from off -site sources when quantities are insufficient. Obtain topsoil displaced from naturally well -drained construction or mining sites where topsoil occurs at least 4 inches deep; do not obtain from agricultural Land, bogs or marshes. South Transit Center 100% Construction Documents 02930-7 2.7 ORGANIC SOIL AMENDMENTS A. Organic Amendment shall be Class 1, meeting the specifications and guidelines established by the Rocky Mountain Organics Council. 2.8 FERTILIZER A. Fertilizer for trees, shrubs, ornamental grasses and perennials: Not required. 2.9 MULCHES A. Organic Mulch: Free from deleterious materials and suitable as a top dressing of trees and shrubs, consisting of the following: 1. Type 1: Ground or shredded - no weed barrier required. a. Organic mulch material to be provided by the City of Fort Collins Forestry Division, located at Parks Maintenance Shop, 413 S. Bryan Avenue (near the City Park Golf Course), Fort Collins, 80521. Contact the City Forester (Ralph Zentz or 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 pricing to include Contractor pickup at the above address, hauling material to the site and installation only. B. In -organic (Rock) Mulch: Hard, durable stone, washed free of loam, sand, clay, and other foreign substances, of following type, size range, and color: 1. Type 1: • a. Washed, River Cobble. b. Size Range: 5" to 8" diameter. C. Color: Uniform tan -beige color range acceptable to Owners representative. d. In planting areas where slope is greater than or equal to 4:1, cobble shall be hand placed to ensure slope stability. 2. Type 2: a. Mexican Beach Pebbles b. Size Range: 5" to 8". C. Color: Black. d. Supplier: 1). Coverall Stone, Inc Website: www.coverallstone.com Phone: 800.779.3234 2). Approved substitute. 2.10 STONE FEATURES A. Basalt Columns: 1. Size Range: 15" - 18" diameter x length indicated on the Drawings. 2. Quantity: Three (3), or as indicated on the Drawings. South Transit Center 02930-8 100% Construction Documents 0 3. Contractor shall stake proposed locations, prior to placement, for review and approval by the • Owner's Representative. 4. Supplier: a. Coverall Stone, Inc. Website: www.coveraltst6ne.com Phone: 800.779.3234 b. Approved substitute. 2.11 WEED -CONTROL BARRIERS C. Mirafi 140, Typar 3341, or Polyspun 300 or approved equivalent. 2.12 TREE STABILIZATION MATERIALS A. Tree Stakes - 8 Foot long, 2" diameter Metal 't' stakes with Rubber End Protectors. B. Guy Anchors - 24" long metal X' posts or approved equivalent. C. Guying and Staking Cord - 1/4" Diameter yellow nylon rope or 14AWG wire with 1/2" X 12" PVC sleeves. D. Webbing: 2"nylon webbing or rubberized cloth. No hose permitted. 2.13 LANDSCAPE HEADERS • A. Steel Header: Standard commercial -steel header, rolled edge, fabricated in sections of standard lengths, with loops stamped from or welded to face of sections to receive stakes. • 1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. Ryerson Steel. b. Approved substitute. 2. Header Size: 3/32" 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 paint. B. Concrete Headers: not required. 2.14 MISCELLANEOUS PRODUCTS A. Anti -desiccant: Water -insoluble emulsion, permeable moisture retarder, film forming, for trees and shrubs. Deliver in original, sealed, and fully labeled containers and mix according to manufacturer's written instructions. B. Trunk -Wrap Tape: Two layers of crinkled paper cemented together with bituminous material, 4-inch wide minimum, with stretch factor of 33 percent. South Transit Center 02930-9 100% Construction Documents 2.15 PLANTING SOIL MIX A. Planter Pot / Raised Planter Soil Mix: not required. • B. Planting Pit Backfill Soil Mix: Two (2) parts on -site soil, one (1) part soil amendment (compost). PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas to receive exterior plants for compliance with requirements and conditions affecting installation and performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities, and lawns and existing exterior plants from damage caused by planting operations. 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 individual tree and shrub locations and areas for multiple plantings. Stake locations, outline areas, adjust locations when requested, and obtain City of Fort Collins' Forester acceptance of layout before planting. Make minor adjustments as required. • 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 only during the fall season. 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. E. Apply anti -desiccant to trees and shrubs using power spray to provide an adequate film over trunks (before wrapping), branches, stems, twigs, and foliage to protect during digging, handling, and transportation. If deciduous trees or shrubs are moved in full leaf, spray with anti -desiccant at nursery before moving and again two (2) weeks after planting. 3.3 PLANTING BED ESTABLISHMENT A. Loosen subgrade of planting beds to a minimum depth of 12 inches. Remove stones larger than one - inch (1 ") in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property. Thoroughly blend planting soil mix off -site before spreading or spread topsoil, apply soil amendments and fertilizer on surface, and thoroughly blend planting soil mix. a. Delay mixing fertilizer with planting soil if planting will not proceed within a few days. Spread organic amendment at a rate of 3 CY / 1,000 s.f. Do not spread if organic amendment or sub -grade is frozen, muddy, or excessively wet. • South Transit Center 02930-10 100% Construction Documents 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. 6- 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, with the addition of one (1) part soil amendment (compost). C. Obstructions: Notify City of Fort Collins' Forester 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. 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 entire, of wire basket. Remove pallets, if any, before setting. Do not use planting stock if root ball is cracked or broken before or during planting operation. 2. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate voids and air pockets. When pit is approximately one-half backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. Water again after placing and tamping final layer of planting soil mix. 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 2-inch caliper and larger with trunk - wrap tape. Start at base of trunk and spiral cover trunk to height of first branches. Overlap wrap, exposing half the width, and securely attach without causing girdling. South Transit Center 02930-11 100% Construction Documents 3.6 TREE AND SHRUB PRUNING A. Remove only dead, dying, or broken branches. Do not prune for shape. Coordinate and verify any and all pruning and trimming with the City of Fort Collins' Forester, prior to commencing any of this work. 3.7 PLANT PLANTING A. Planting Beds Staking - Prior to planting any perennials, and prior to installing header or header, stake, flag, or paint proposed beds scaling off the plans to determine bed configuration and size. Contact the Owners Representative for review of extent and configuration. Do not plant or install header until review has been completed. B. Establish fine grade and sub -grade adjacent to headers as described above. C. Prepare soil as per Section 3.3 above, under "Planting Bed Establishment". D. 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. E. 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. F. Re-establish fine grade by hand raking or smoothing grade by hand prior to placing mulch. G. Apply specified mulch taking care not to damage plants. Clear excess mulch from plant foliage. 3.8 PLANTING BED MULCHING A. Install weed -control barriers before inorganic (rock) mulching beds only, according to Manufacturers written instructions. Completely cover area to be rock mulched (or as described on the Drawings) overlapping edges a minimum of six -inches (6"). 1. Material and Seam Treatment: Non -woven fabric with seams pinned. B. Mulch backfilled surfaces of planting beds and other areas indicated. Provide mulch ring around trees in lawn areas. Organic Mulch: Apply 3-inch average thickness of organic mulch, and finish level with adjacent finish grades. Do not place mulch against plant stems. Install organic mulch in all perennial and ornamental grass areas or as indicated on the Drawings. Landscape fabric is not required in organic mulch areas. Inorganic (Rock) Mulch: a. Type 1 (5-8" Cobble) - Apply one -single layer compacted average thickness of rock mulch (ensure that 100% of the landscape fabric is covered), and finish level with adjacent finish grades. Do not place mulch against plant stems. Landscape fabric is required in all rock mulch areas. b. Type 2 (Mexican Beach Pebbles) - See detail on the Drawings. 3. Tree Rings: Apply 3-inch average thickness of organic mulch, in a minimum of 48" diameter circle and finish level with adjacent finish grades. Do not place mulch against plant stems. Landscape fabric is not required within tree ring areas. is South Transit Center 02930-12 100% Construction Documents 3.9 HEADER INSTALLATION •' A. Steel Header: Install by laying out beds scaled from the Drawings. Stake, flag, or paint proposed beds prior to installation of header and obtain review of Owner's Representative of layout prior to installation. Install header plumb with grade and stake at minimum ten (10) foot intervals. Establish top of header one inch (1") above finish grade in turf areas. Install using straight lines or long smooth curves. Provide v-shaped drainage openings two inches (2") wide and one inch (1") depth at low points in the bed, at outlet point for drainage appurtenances such as downspouts including overflow drains and at ten (10) foot intervals maximum. Do not install steel header around mulch rings in lawn areas. • 3.10 PLANT MAINTENANCE A. Tree and Shrub Maintenance: Maintain plantings by pruning, cultivating, watering, weeding, fertilizing, restoring planting saucers, adjusting and repairing stakes and guy supports, and resetting to proper grades or vertical position, as required to establish healthy, viable plantings. Spray or treat as required to keep trees and shrubs free of insects and disease. Restore or replace damaged tree wrappings. B. Continuously maintain plantings included in the Contract from the beginning of Contract work and during the progress of work. C. The Contractor shall be responsible for resetting of any plants to an upright position or to proper grade and for the removal and replacement of any dead plant material. 3.11 CLEANUP AND PROTECTION A. During planting, keep adjacent paving and construction clean and work area in an orderly condition. B. Protect exterior plants from damage due to landscape operations, operations by other contractors and trades, and others. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged plantings. 3.13 PROJECT RECORD (As -Built Drawing) A. Maintain one complete set of contract documents on site. Keep documents current. Record changes in location, quantity and species of plant material. Submit corrected drawings to the Owner's Repre- sentative prior to final inspection. 3.14 DISPOSAL A. Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of them off Owner's property. END OF SECTION South Transit Center 02930-13 100% Construction Documents ARTICLE 7 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. 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: 1-1.0 NORTH LANDSCAPE PLAN & PLANT LIST L2.0 SOUTH LANDSCAPE PLAN & PLANT LIST LS1.0 NORTH SITE PLAN LS2.0 SOUTH SITE PLAN LS3.0 PLATFORM NORTH LAYOUT PLAN LS4.0 PLATFORM SOUTH LAYOUT PLAN IR1.0 NORTH IRRIGATION PLAN IR1.1 SOUTH IRRIGATION PLAN IR2.0 IRRIGATION DETAILS IR2.1 IRRIGATION DETAILS The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers N/A to N/A, 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. . n U n u E • 0 3 i# iNO SNVM111 SN1-1103 1110 =1 =10 A113 k' M31N33 lISNVdi Hinos nre.anamo..„3.,y �i S1N3W0000 NOI10lIN1SN00 MOOI Fx uea x^.a ux...a, e e a -__.._,.. ai-__... , a,. .......,+.s...:.......... .:..... ........ @9 i}y•aEce .a 8 i iii ai aii a i"I' i 41 i iai jMM"uiiiiii i iiiiii iii im ii iiai iiii io�2 =z9 `'"- EP5=. ,1` N, s as i c a i abgX§ d35g�£jpgE $ a a 37] Idd5:8aa..d,.d7ddd,,,,SS„d..d d!}.S. d58.dd5d o_e M � £` V, £' ji i }Isi1�- } I�#±};tiit � ;tlt;#i} zat} i;9 taR,I}a?t111t}it}1t!#�lii tst;il� }itatfia � - s . a = _ s — t�'ft} 1 ��1��f,lti�l F #it } aia i li W Cm 11,11111 � tRit tt. t.}#}}} tii, ,,}a1�,' 1 ;}} t J o Una � 11�a�d51S' p�I �:.tttat a ie li E:a f 13S9 e[pe € {y YEI cEas eY9v ae 9P..3ui 8 Yei Ya Eai'Y v 6d ida 5d dd: ad Y:3 i3 iea ."E i I:a3A 0E9f :a 9s i3Pe evBaa aa[ a . 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MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no !• assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 0 § o VMo o %NI-1o n o a| 1110:IgVM1-s1100IMo:10 A113 A U]IN]o 1 SN"1 HInOS __m _ wjsu00%oo� ! % | [ \[ / \ d � -| # / / \ G � / \ / q: | L -A 0 � � oavaoloo `SNn1001aO=l G ` S1 ` r- IUO:ISN` HI- SNI1103IMOJ j0 A113 $ ; � ,€€ M31N33 lISNVdl Hlf10S— sivawnoop u000nnsuoo /ool C w w r r w w 0 rc z z 0 zz 0 0 s JT ¢m wWW Om WN a¢ a ya q5 "p1p 5 Orc 3 S o f Km �8 O w �p $Gp Y tJ Ay°y ay gage a > yoas �3 o a 0 0 I In AND RISK MANAGEMENT Date: Attest: City Clerk Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Approy d as to F m Assist t City AVrfey CONTRACTOR: BATH LANDSCAPE & IRRIGATION I B EYi �t PRINTED Title: !//C//� yysipr�rlT _ ate: 'Z/V F � T•c0( / // (CORPORATE SEAL) COLORP�.y� y ' Attest: Address for giving notices: v2 65, License No.: s 33 40 0 SECTION 00530 NOTICE TO PROCEED Description of Work: South Transit Center Landscaping & Irrigation To: Bath Landscape & Irrigation 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 0 Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20_ CONTRACTOR: Bath Landscape & Irrigation 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 0 0 0- SECTION 00610 PERFORMANCE BOND Bond No. S395305 KNOW ALL MEN BY THESE PRESENTS: that Bath Landscape & Irrrigation Inc. 2000 E Prospect Road, Fort Collins, CO 80525 (an Individual), (a Partnership), Corporatio hereinafter referred to as the "Principal' and (Firm) Employers Mutual Casualty Company (Address) P.O. Box 712, Des Moines, IA 50306-0712 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 One Hundred Thirty Five Thousand Nine Hundred Ten vundis anu o«iv-une uencs ia-iaa.aiu.oli in iawtw 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 10th day of March, 2014, a copy of which is • hereto attached and made a part hereof for the performance of The City of Fort Collins Project, South Transit Center Landscaping & Irrigation. 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. 0 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00300 Bid Form 00300-1 - 00300-3 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 • IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 21st day of March \, 2014. IN PR ENCE OF: GM (Title) (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: • Witness (Surety Seal) 0 Principal Bath Landscape �4rriggflon Inc. U/ (Title) 2000 E. Prospect Road, Fort Collins, CO 80525 (Address) Other Partners 0 Surety Employers Mutual Casualty Company BY: Darlene Wings, Attomey-in-Fact P.O. Box 712. Des Moines. IA 50306-0712 (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. S395305 KNOW ALL MEN BY THESE PRESENTS: that Bath Landscape & Irrigation Inc. 2000 E Prospect Road, Fort Collins, CO 80525 (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 50306-0712 hereinafter referred to as 'the Surety", are held and firmly bound unto the City of Fort Collins 300 Laporte Ave.. Fort Collins. Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of One Hundred Thirty Five Thousand Nine Hundred Ten Dollars and Sixty -One Cents ($135.910 611 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 10th day of March, 2014, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, South Transit Center Landscaping & Irrigation. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this 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. 40 n u • 0 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 21 st day of March 2014. qzl .1 Rqu (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: Witness (Surety Seal) Principal Bath Landscape Vrngafion Inc. 2000 E. Prosepct Road, Ft. Collins CO 80525 (Address) Other Partners By: Surety Employers Mutual Casualty Company By: Darlene Krin s, Attoi ey-in-Fact P.O. Box 712. Des Moines. IA 50306-0712 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. /EMC. N0. A68669 INSURANCE P.O. Box 712 • Des Moines, IA 50306-0712 1 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT MOW 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: DARLENE KRINGS, DIANE CLEMENTSON, JENNIFER WINTER its true and lawful attomey-in-fact, With full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: 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 duty 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 a regularly scheduled meeting of each company duty 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 attomey-in-fact at any time and revoke the power and authority given to him or her. Attorneys -in -fad shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them, 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 er writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-tact shall be fully and in all respects binding upon the Company. rtifcation as to the validity of any power-of-attomey 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-attomey 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 30th day of JANUARY 2014 ^ Seals AV;PSG°',"s��;,�•, A4�:;•,, :'as!"�''•. BruceG.Kelley, hairman MichaelFreel %; of Companies 2, 3, 4, 5 & 6; President Assistant Vice President = _ y =' a ° of Company 1; Vice Chairman and �- SEAL:, - 1863� = 1953�' CEO o(Com an 7 n; 3'•, ;: g= �'-� Iowa ;`r' = �'o : Company , \NSV P4NCf',, `� VISUM,YC',, V`N,VTV4L'V"• `y0 `Peanyr�.COq� :PP.`wlona�P.�C°%_ WPS �oprOp�r �s4 '. -w= SEAL -I- SEAL o *'.n. o`y b ryp,q a `' P•: , df .nr„ ,P IOWA qTN OPKOPV` '�S%INES. M i A ti UTUgy z d KATHY LYNN LOVERIDGE Commission Number 7W769 a�, n My Commission F October 10, 2016 y0ENE5, 10� On this 30th day of JANUARY AD 2014 before me Notary Public in and for the Slate of Iowa, personalty appeared Bruce G. Kelley and Michael Freel, who, being by me duly swom, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Vice President/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 the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2016. 4: xO �u o I� �s>v� �i otx/ucCsf Nota Public 14 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 - JANUARY 30, 2014 on behalf of. &ARLENE KRINGS, DIANE CLEMENTSON, JENNIFER WINTER 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 21 s t day of March , 2014 Vice President Client#- 21043 BATIN i ACORD. CERTIFICATE OF LIABILITY INSURANCE D3/2012IDD/YYYY) /20/2014 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Flood 8 Petersonlns.,lnc. P. 0. Box 578 ON CT NAME; Jennifer Winter PHONE., 970 506-3206 970 506.6846 AIL No Est: A/C, No : Ea"AIL ADDRESS: JWinter@floodpeterson.com eterson.com Greeley, CO 80632 970 356-0123 INSURER(a) AFFORDING COVERAGE NAIL p INSURER A: Bituminous Insurance 20095 INSURED INSURER B: St. Paul Fire S Marine Ins. Co. 24767 Bath, Inc. 2000 E. Prospect Road Fort Collins, CO 80525 INSURER CPinnacol Assurance 41190 INSURER D: INSURER E INSURER F: 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 CONTRACTOR 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. INSR LTR TYPE OFINSURANCE ADDLSUBR I D POLICY NUMBER POLICY EFF MMMD POLICY UP MM/DD 11MIT5 A GENERALLIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR X PD Ded:500 CLP3595079 11/0112013 11/01/2014 EACH OCCURRENCE $1,000,000 PREMISES EaE rOD $100000 MEDUP(My one pe..1 $10000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE POLICY LIMIT APPLIES PER: X PRO- LOC JECT PRODUCTS-COMP/OP AGG 52,000,000 S A AUTOMOBILE LIABILITY ALL OWNED SCHEDULED AUTOS AUTOS IXX ANY AUTO X HIREDAUTOS X NONAWNED AUTOS rive Oth Car CAP3595080 1/01/2013 11/01/2014 EOBBBIINa DSINGLELIMIT nt 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per exident) $ PROPERTY DAMAGE Per accident $ $ A B X X UMBRELLADAB EXCESS LMB X OCCUR CLAIMS -MADE CUP2803536 ZUP13T9187713NF 1110112013 1110112013.11/0112014 1110112014 EACH OCCURRENCE $1 OOO 000 AGGREGATE $1,000,000 I DED I X1 RETENTIDN$110000 Ea Occur $4 000 000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE Y I N OFFICERIMEMBER EXCLUDED? � (Mandatory In NH) II yea, desctlbe antler DE BCRIPTION OF OPERATIONS Eetow NIA 4015110 1/01/2013 11/01/201 X WCSTATU- OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1000000 E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attxh ACORD 101, Addltlonal Remarks Sched.N, It mon spec. I. neelrW) RE: South Transit Center, 4915 Fossil Blvd., Fort Collins, CO 80525 City of Fort Collins, its officers, agents and employees, are listed as Additional Insureds as their interest may appear as respects General Liability, including completed operations. Insurance is primary and non-contributory. City of Fort Collins PO Box 580 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Fort Collins, CO 80522 AUTHORIZED REPRESENTATIVE I Q6l�4.•�/fst-- 01988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S871296/M837496 JZS SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. • Is SECTION 00635 • CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: South Transit Center Landscaping & Irrigation PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Bath Landscape & Irrigation Inc. CONTRACT DATE: March 10, 2014 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 DA REMARKS: AUTHORIZED REPRESENTATIVE 0 11 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Bath Landscape & Irrigation Inc. Gentlemen: You are hereby notified that on the day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Bath Landscape & Irrigation Inc. for the City of Fort Collins project, South Transit Center Landscaping & Irrigation. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated March 10, 2014. 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: C� SECTION 00650 • LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins Colorado (OWNER) FROM: Bath Landscape & Irrigation Inc. (CONTRACTOR) PROJECT: South Transit Center Landscaping & Irrigation 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. • 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 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 • 0 ATTEST: .. 20_ CONTRACTOR: BATH LANDSCAPE & IRRIGATION INC. By: Title: 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 rM SECTION 00300 BID FORM • r1L SECTION 00660 • CONSENT OF SURETY TO: City of Fort Collins Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Bath Landscape & Irrigation Inc. PROJECT: South Transit Center Landscaping & Irrigation CONTRACT DATE: March 10, 2014 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 20_ • (Surety Company) M ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 0 U U SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE M ,0101 Z f t d Z7,Lil3 te] :7 \ 7 91111 19_ti d Cork' DR 0172 (12/98) FOR COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 EXEMPTION CERTIFICATE (303) 232-2416 Pursuant to Statute Section 39-26.114(1)(a)(XIX) DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and buildingmaterials 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. straf.NAocount No. (to be assigned by DOR) F89 Pedod 0170-750 (999) $0.00 CONTRACTOR INFORMATION Trade namefDBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employers Identification Number: Bid amount for your contract: $ /Fox Number. l Business telephone number: Colorado withholding tax account number. Copies of contract or agreement pages (1) identng the contracting parties EJXEMPTION INFORMATTION and(2)containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (!as) 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 r-I u 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. • n U SECTION 00700 • GENERAL CONDITIONS • • GENERAL CONDITIONS s —. CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed,by using the STANDARD GENERAL CONDITIONS OF TIM CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Comm ittce, EJCDC Nc.1910-8(1990 Edition), as a base. Changesto that document are shomm by underlining text that has been added and striking Ihroogh text that has been deleted. C J EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF.FORT COLLINS MODIFICATIONS (REV 9/99), 0 0 0 .Article or Para -graph Number& Title DEFMT16NS ITABLE,OF coNTENTs, or GEw.RAL coNxnom Page Article'iu,Parfisraph NumberNumbcr,&Tit)!, i'l Adde;na ............................................. 1.2 Agreement *'*'* .... * ....... 4 ................. .,.A. . J 1.3 Application for Payment, ............ 1.5 Bid Bidding Documents:., .... :3 Bidding Requirements Bonds 19 Change Ordci-......................... _:1 60 6on't'raic't'D'ocumcnLs:., ................ ........ i I' * I I Contract Price 1.12 Contract Times......_.................._....._.I -I 1.13. CONTRACTOR .... 1.14. defective ...... ............... 1-15 !:,. Drawlnga ............................ 1116 I-Mective Date ciftlic Agreinicht I 1:17! IN61NEBR ................ ; .......... 1:1.8 &dlNtEks Consiultarit, ..................... 1 119 Field Order.:.....:.......:...::...:..:..............I 1.20 General Requirements...... ................... 2 1�21 ibmrdois;,W;isic. - ........... 11 . ........... 2 L22.a Laws and RFgida! i6np-;- Laws or Regulations,.................................... L22b Legal ilolidnyg: ....... ........ 1-6 ......... ... 1.23 Liens: ................................................. L24 mlesto ne 1.25 Noticc of Award 2 1.26 Noticou, proceed ............... .......... 2 I 1.28 .... I ................................. Partial Ui�:iz,..ation ............. 2 -:5), PCBs 1.30 ............ Petroleum..,.:...... -r2 1.31 Project..._...__........._ 1.32.n ............._ ...... Radioactive MiAeri-t: 2 32. b Regular Working Hews;._, :..2 133: Resident'ProdeZtRepie'se , Atihivc� ....... 1:34 Samples :_ ............................. A .......... 1.35 Shop Drawings ..... ...... ..................... -2 2 1.36 Specificationd! ........ : ...............................:2 137 Subcontractor . ................................... I'm Substantial Completion„,,, : ......... 1:39 Supplementary Co,n' diiioni . ...... ............ 1.40 Supplier....:. ....... 1.41 ....... Underground Facilities............__....: 2-3 L43 UmtPribcWor- ..................... 3 I A3 Work :3 1:44. Work:Changc Dire6tive 3 1:4.5 Written Amendment ............... .1 2, Page Number 2.1 Delivery of Bonds ................ ........ 2:2, Copies of Documents.'- , ........ ............. 2.3 - Commencement of Contract �2.4 2.5-2.7 to Report; Prelim ihary Scheddes; Delivery of Certificates of 'Insurance 14 2.8 ,Prcoonsirudibht6nferirui4 ...... 1 4 Initially epta a es� .... .. ..;4 nitialiyAec bf,'Schedu I' 3. CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE: ........ ...... 4 3.1-3.2 Intent 4 ................ .................. 33 Reference to Standards - a ' nd Sp66i- 'fit 61ims of Technical Societies. Reporting and Resiolving bis, creDoncies, 4.5 3A Iniii nt of Certain Tinris a Adjectives ... __ ................ ............. 5 -3.5 Amending Contract D6curiert, ........5 3.6 Supplementing Contract, Documents 5� 3:7 Reuse of Documinis S. ,41. A.VAIL'ABILITY,OF LANDS;, SUESURFXCJ3 AND PHYSICAL -CONDITIONS; REFERENCE POINTS 5 4: 1 Availability of Lands ..................... 5-6 A.2 Siitisirfi6e and Physical Conditions 6 4.2.1 Reponcimd Drirxvings.:; ..... ............ : 0 412'2 biraftedkeliance by CONTRAC TOR Authiuized; Technical Data 6 4.2.3 Notice of Diffefirig Subsurface or Physical Conditions,,,,,:,,,;..:,;,,:j5 4.2.4. FNGMER!s Review ................ il5 4.2.5 Possible.Conumet Documents. Change.................. ........ .............. 6 A.2.6 Possible Prim and Times Adjustments,",,- ,,,_... (,7 4.3, Physical Conditions --Un'dirgr cend - 7 4.3.1 Shown or.1ndicate. , 7, 4.3.2. Not Shown or Indicated,,,,"" ........... 7. 4A Reference Poihts;: 7 r.x,w �c-'NsL�doNbmoms o�a (iggo-EDinoNt w/aT'Y OF FORTCOLUNS MODIRCATIONS (REV9199) Article or Paragraph Page Article or Paragraph Page • Numbcr &-Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum. Pazardous Waste or Radioactive Material_ .................. 7-8 5. BONDS AND INSURANCE.................................8 5,1-5.2 Performance, Payment and Other Bonds......:.........:................ ............. B 5.3 Licensed Sureties and Insurers; Certificates of Insurance,...... & 5.4 .............. CONTRACTOR's Liability Insurance.........................................9 5.5 OWNER's Liability :Insurance,,,,;;,,;,,,;, 9 5.6 Property Insurance...........................9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance ......... _...... 30 5.8 Notice of Cancellation Provision , ..___ 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts,,,,,,,,,,,,,,,,,,, 10 5:10 Other Special Insurance ....................: 10 5.11 Waiver of Rights................................11 5.12-5.13 Receipt and Application of .Insurance Proceeds ............... 10-11 5.14 Acceptance of Bonds and Insu- ance; Option to Replace;,,,,,,,,,;; 11 5.15 Partial Utilization --property Insurance ...:...: .....:.....:.: ..............:::. I 1 CONTRACTOR'S RESPONSIBILITIES ......... 11 &1-6.2 Supervision and Superintendcncg....... 11 6.3-6.5 Labor, Materials and Equipment.,_ 11-12 6.6 Progress Schedule... ........................... 12 6.7 Substitutes and'Or-Equal` Items; CONTRACTOR'S Expense; Substitute Construction Methods.or Procedures; ENGINEER's Evaluation.............12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights ..:..................... 13-14 6.12 Patent Fees and Royalties,,,,,,,,,,,,,,,,,,, 14 6.13 Perm its .............. .._..:.........._........._.14 6.14 Laws and -Regulations ......................:. 14 6.15 Taxes .................................... ...... 14-15 6.16 Use of premises ................................: 15 & 17 Site Cleanliness ................................ 15 6.18 Safe Structural Loading ,,,,;,15 6.19 Record Documents .............................15 6:20 Safety and Protection ...... ....... _..... 15-16 6.21 Safety Representative ......................... 36 6,22 Hazard Communication Pregram5...... 16 6.23 Emergencies ..................................... 16 -6.24 Shop Drawings and Samples .............. 16 6.25 Submittal Proceedures; CON- TRACTOR'S Review Prior to Shop Drawing or Sample Submittal .................................... 16 6.26 Shop Drawing 8 Sam plc Submit- tals Review by ENGINEER...... 16=11 6.27 Responsibility for Varialiats From Contract Docurncnts,- ....... : 17 6.28 Related Work Performed Prior to ENGINEER's Rcvicw and Approval of Required Submittals ................................... 17 &29 Continuing the Work ..................... 17 6.30 CONTRACTOR'S General Warranty and Guarantee;,,_...,,_,,, 17 6.31.6.33. Indcmni6cation,... ......, ............. 17-18 6.34 Survival of Obligation......,,_......... 1$ 7. OTHER WORE ............................... :.................. 18 7..1-7.3 Related Work at Site, ,,,,,,,,,,18 7.4 Coordination_, ................. :............. 18 8. OWNER'S RESPONSIBILITIES ........................ .) 8 8.1 Centro unicationstoC,ON- TRACTOR ................................. 18 :8.2 Replacement of ENGINEER,,,;; ....... is .8.3 Furnish Data and Pay Promptly When Due .................................. 18 8.4 Lands and Easements; Reports and Tests 18-19 8.5 Insurance.......................................19 8.6 Change Orders .............................. 19 8.7 Inspections, Tests and Approvmis................................... 19 8.8 Stop or Suspend Work' Terminate CONTRACTOR's Services .....:....:....:....:....:....::...... 19 9.9 Limitations on OWNER'S Responsibilities ........................... 19 8.10 Asbestos, PCBs, Petroleum,. Hazardous Waste or Radioactive Material .. ......... ......... 19 8.11 Evidence or Financil Ariengcm cuts..............................19 9. ENGINEER'S STATUS DURING CONSTRUCTION ............................................. 19 9.1 OWNER's Representative..............19 9.2 Visits to Sitc_................. 19 9.3 Project Representative,,,,,,,,,,,,,,, 19-21 9.4 Clarifications and lnlerprp tations........................................ 21 9.5 Authorized Variations in IWk..... .. 21 EJCDC GENQLAL CONDITIONS 1910-9 (1990 EDITIOM wJ CITY OF FORT COLLINS MODIFICATIONS (REV 91") • 0 • Article or Paragraph Page Article or Paragraph Page Number &Title Number Number&Title Number 9.6 Rejecting Defective Work..................21 13.8-13.9 Uncovering Work at ENGI- 9.7-9.9 Shop Drawings, Change Orders NEER's Request ,,,,,,,,,27-28 and Payments- ......................21 13.10 OWNER May Stop the Wmk:28 9.10 Determinations for Unit Prices..._„ 21-22 13.11 Correction orRemoval of 9.11-0. 12 Decision9'an Disputes; ENGI- Defective Work - :.::.........28 NEER as Initial Interpreter..............22 13.12 Correction Period., ......................... 78 9.13 Limitations on ENGINEER's 13.13 Acceptance'ofDefeclive Work ........ :28 Authority and. Responsibilitig..... 2-23 13.14 OWNERMay Correct Defective Work., ................................... 28-29 CHANGES IN THE WORK __.._.:.....:........:.: .. .... .. 10.1 oIVNER's Ordered Change ........,,23 14. 'PAYMENTS TO CONTRACTOR AND 10.2 Claim Tq Adjustmeat......, ....... 23 COMPLETION- ........................................ ..... 29 10.3 Work Not Acquired by Contract 14.1 Schedule of Values;........................ Documents ...................................... 23 14.2 Application fm Progress 10.4 Change Orders ............. .........23 ...... 23 Payment -- 29 10.5 Notification of Surety ...... . 14.3 CONTRACfOR's Warranty of Title 29 ........................... CHANGfi OF CONfRAC'I'PRICE _, 3 14.4-147 Review of Applicationsfor I Ll-11.3 Contract Price, Claim for Progress Payments„ ........ _,; 29-30 Adjustment; Value of 1418-14.9 Substantial Completion,,,,,,,,,,;,,,,, 30 the Work .............. _...:....:....... 14.10 Partial Utilizatiotl,,,,......:..........30-31. 11.4- Cost of the Work...........:..............24.25 14.11 Final Inspection... ... ........................ 31 i 1.5 Exclusions to Cad of the Work........., 25 14.12 Final Application for Payment........ 31 11.6 CONIRACTORs,Fee;,;,,.. ,,,,, 25 14;13-14.14 Finnl Payment and Acceptance;31, 11.7 Cost Records .................................25-26 14;15 Waiver of Claims., „ 31-32 11.8 Cash Allowances:,.,,,;;;:,;,,,;,,,,,,,,,,,:26, -.. 11.9 Unit price Work- ........ .....................26 15. SUSPENS1614 OF WORK AND .. TERMINATION...-- .............. :..... ..................... 2 .. CHANGE OF CONTRACT TIMES ............................26 15.1 OWNER May Suspend Work ........32 • 12.1 Claim fa Adjustment .... _.26 15.2-15.4 OWNER May Terminate ... 32 12.2 Time of the Cssenc4......... ........26 15.5 CONTRACTOR May Stop. 12.3 Delays Beyond CONI'RACTORs Work or Tcrminste................. 32-33 control ................... :..:............... 26-27 ... . 12.4 IMays Beyond OWNER's and l6. DISPUTE Riisowriol l.................................. 33 CONTRACTOR'S Control ;:27 17. MISCELLANEOUS......._ .................._...._,.._... 33 TESTS AND INSPECTIONS; CORRECTION, 17.1 -.Giving Notice :................. _....... :;,_33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times ........... ..33. DEFECTIVE• WORK ... .......................................... ....,27 17.3 Notice of Claim ............................... 33 13.1 Notice -ofDercctt............................... 27 17.4 Cumulative Remedies, .................... 33. 13.2 Access to the Work ...........................27 175 Professional Fees and Court 13.3 Tests and Inspections; - . - Costs Included - -. �.. . . . . . .. .....................ONIRAC70A's ,:.33 C Cooperation;,,,,.,,, 27 17,6 Applicable State Laws, . 33-3d 13.4 OWNER's Responsibilities; Intentionally left blank ..... :................................. 35 Independent Testing Laboratory,,,,,, 27 13.5 CONTRACTOR's - EXHIBIT GC -A: (Optional) Responsibilities...............................z7 Dispute Resolution Agreement...._,.,,,,.,,,,,.,, GC -Al 13.6-13.7 Covering Work Prior to lnspcc- 16.1-166 A4bitrati on .................... ....... GC -Al tion, Testing or Approval, „,,,,27 16.7 Mediation .............................. GC -Al EICDC(IENF,BALCOM)ITIONS1910-8(1990 M- NON) w/ (71TY OF FORT COLLNS MODIFICATIONS XV 9199) 0 INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction 'Contract are not'shown in this index Article or Paragraph Number ;e of - a and Insurance ... ................. ;.t ................ ;5. 14� five Work 10.4.1, 13,5, 13.13 payincrit . . ............ ........ n.: ........... 9.12 1 ' 4.15 ance ......................................................... �.. 14 111- - .. .......... Wdik by OWNER ... ;:: ...... : .......2.5, .......... 1,, - - 630, 6.34 Access to th6-- Lands, OWNER andCONTRACTOR responsibilities ..... ........ site, related Work...._......._ ................................. 7.2 'Work, ..", ..... .......... -:1. 1.;- F�; ... 13.2, 13.14, 14,9 Acts or Omissions--, Acts and Omissions .CONTRACTOR ................................... 6.9:1, 9,13.3 6NGINFHR ......................................... :420, 9.13.3 OWNER..._...._ ........................................ §.20, 8.9 d6finition'of S*ificmions) .......(1.6, 1.10, 6.19). 1.1 Additional Property ltisurance4 ................................. SJ Adjustments - Contract Price or Contract Times,,,,,;;,,;,,,,,,,,,,,,,,,; 1.5. 3.5, 4A, 4.3.2. 4.5.2. ... ...... ... ... ..... ..... 4.5-3, 9.4, 9;5. 10.2-1 OA; ......................................... 11, 12.,14.8. 15.1 progress schedule ... ......... ........ Agreement-- dpflnitiqnq................. ........................... J,2 'All -Risk" Insurance, policy form ............................ 5.:6.2 Allowances. Cash ............................. __ ................... 1!:8 :Amending Contract Documents„ , „ ..............3.5 Amendment, Writtenn. in general ................ 1.10,1.45, 3.5, 5:10, ............ ...... :0.9.2,'6.19, 100 12.1,13. Appeal, owNE-Rm CONTRACTOR intent intent to ; . ....... ...... 11:9.10,19A 1, 10.4, 16.2, 16.5 Application for payrncnt­ definition of ...... : ................ ............ : ........ :).3 ENGfNFER!s Responsibility 9.9 final payment, .....9. .13A, 9.13.5, 14.1214.15 in i g�ncrai .... : .....................2.8, 2.9, 5.6.4. 9. 1*6, 15.5 ,progress. - I pI aymen( . . . .. . 7 . . . . . . . . . . . . . . . . . . . . . . 14.1-14.7 review of .......................................... __J4.4-14.4 Arbitration .... ...... ...... .............. ;: ..... 161.166 irstiant thcrctQ ............ ..... : ....... 4.5.2, 4.5,3 tCTOR authorized to stop Work ......... 24.5.2 of, . . ..... . . lq.�­.­ ........... ...z ....... ............ A.A 5.12; 6.6.2 1.0.4,111..2 Change i 12.2,14.7.2 Cash claim Article. or Paragraph Number OWNER r1asporisbility.for ...................... - 4.5-1, K10' ....... possible price and times change.,:,,,,.. 3. Authorized Variations in Work ......... 3.6. 6.25; 6.27, 9.5 Availabilit of hands,,:,.:... ....... :.4.1. 8.4 ,y Award. Notice of­defircd ­­­­ ............ BeficT c StartingConstrtictiork ..... ..................... 2548 Bid,-ii61nition of,,,,,,;,,,,,,,,,, ...... wl.5 (1.1, 1.10,2.3, 33, ....... 2:6.4, 6.13, 11,43, 11.9.1) Bidding Poctiments-definition of .................. _ ...... _ ............... _ ...... 1.6(6.8.2) Bidding Requirements -;=definition of ... I ............. ............. _.J.7 (1.1, 4.2.6.2) Bonds-- ,..­;.q ....... ­1 ... ­ .......... -.1, ... 1­1 ..................................... 1.5A ........................... ........ 2. . I . I final pFrIlcirmiTce. Payment and Other,,..,, .......... 15.1-5.2, Bonds and Insurance -"in general .................................5 Builder's risk . all-risk" Policy formt ....... ­1 ...... ...... 5.6.2 Cancellation Provisions, insurance-, ...... 5.4. 111 5.8, 5.15 Cub Allowances ................ ......... I .................... 11.8 Certificate of Substantial Conipletiort ........ 1.38,6:30-2.3, 14,.8, 14.10 Certificatm of Impectior; ................... 9.0.4.13:5, 14.12 Certificates of Insurancq ............. 2.7. 5.3, 5.411.- 5.1.13, ............. ...... 5.14, 9.13:4., 14. 12 riContract Prim-. Allowances: ... .................. ....... - .............. 11.8 'it prim adjustment ..... ....... 4.1,4.2.6, 4.5, 5.15, 6.8.2,9.4, ................... 9.5.9.11. 10.2, 10.5, 11.2. 13.9. .................... _J3.13, 13.14,14.7. 15A, 15.5 CONTRACTO , R's fee ......................................... 11.6 Cost of the Work general ............................................... j 1.4-11.7 Exclusions to_ Cost Records .................. ......... ............. ......11.7 in general,,,' i",: , , 1.19.1.44. 9.11. 10.4-0 10.4.3. 111 Lump Sum Pricng .......................................... 11.3.2 Notification of Surety,....._ ..... ................ 10.5 Scope of ...................................... ; ......... ;J03-10.4 feitirig and Inspection, Uncovering the Work .......... ­ ...... ............. 13�9 Et6*.M-NMAL CONDITIdtl319104 (1"0 E6111[6M wt aTY OFFORT COLLINS MODWICATIONS (REV 9/99) 0 0 • Unit Price Wor.......................................... . 11.9 :CONTRACTOR!sFiri ........... ...... - ................. 11.6 Article or Paragraph Article or Paragraph Number 'Numbzr Valueofftrk,... : ........... q ... d .... ........ : ........ 1 �113 CONTRACTOR's lability........ 5.4.16. IZ 63(; 6:31 Charge in Contract Timcs- -tim,esadjustmenj Cost of the Work.. ..... ............... .. IIAJI.5 ,claim flo"r..... 42.6,45, 5.15; (Decisions on Dispute; ,.; ....... .. 9.11, 9. - 12 ......... 6.8.2, M, 9.5 ' Sk'l 1, 110.2, 10.5.12A, Dispute Resolution ............. : ......... : ................. ...16.1 ., ... .... _13.9, 13.13. 1114, 14,7.15.1. 15;5 ',Disputa Res6lut.i'm- Agreement ... ....... : ....... 16:1-16.6 Contractual time linniti., .................. 12.2 ENGINEER as initial intet pretor ........... 911 'Delays I;tyondC6kkACTOXs, stumpSum Pricing ........ ............................ ... 11.3.2 control . ....... ....... ' ­ ...... ... . i ...... 12.3 Notice of � ...... .......... ... . .................... 17.3 ...... Delays beyond OWNER's and OWNSIR�s ....... .......... 9.4,19.-51:911, � 11 10.2, 11.2, 11.9 CONTRACTORs 66otroi ..... ; ........ ........ _12.4 ...... 0- .......... 12.1, 13.9,13.13,1114, 17.3 Notification of surety,* ....................................... 1 O�5 OWNEIrs lability.........,........, ........... ........... 5.5 Scope of change .................. ....... ........... J0.3-10.4 OWNER may refuse to*make payment ................ 14.7 'Change Orders "' . Professional Fees and Court Costs Acceptance UDefectri;e Work .. - - .... I ........... 13:13 Included.. ................... .......................... 17.5 Amending ; Contract Docaimeru� ..... ....... 3.5 rc uest . w _q _ for formal d6ciiian 66.... . I. Substitute Items ............................. ...........6 7.1.1 Chanide,of Contract price.' . .. ........... .... ,,II . .... Time Extension;,,,, 12.1. ',Change 12, Time requirmerifs: ............... ................... 9.11,12.1 ,Changes in the Work,,,.. �4; ..... . ... ....... ��wlo Unit Price Work ... ...... ...... ........ 11.9.'3- 'CONTRACTOWs fec�, .............................. ........ 11.6 value of J.1.3 Cost or the.Work .............. ��: .......... 1.4,111.7 Waiver oG - cm, F i n a 1116* en ...... :14.14.14-1.5 �Cost Records .................................................... )1.7 Work Change Directive . ............. ........ 10.2 6imiti at on ....... ............ ;: ...... .............. wtitten notice 11.2,12.1 emergencies .... ....... ......................... .............. 0.23 Clarificati and Inte r lons r efiation*., .......... P 3.6.3,9.4.9,11 ENGMER!s responsibility .... _9:8.10.4. M2. lil Clean Site ........ . .......... ........ c-607 '.execution of ........ w ............................................. lCodesufTephnical Soci4'Orianization -­ , -, Indcoanifictiort . ........ 6.12. 6.16, 631-6.33 or. Association:....., ,3.3.3 lnsurancc�'�OnK*a'nd 5.10, 5)3110.5. Commencement of ContractTinici ............... 13 OWNER�mayierminaie-: ....... 15.2-15 .4 �Coanmunics I I I ions- OWNERs RCSPO[Iiibility ............. : .............. 11.6,104 gencrej ....................................... 0.2, 6.9.2,8.1 Physical Conditions-, Ilawrd Communication Pr6iVdra4 ..... ........ 6.22 Subsuatiace and;,.,,,,.,, _......... 4.2 Cornpletior, , Underground Facilities ............................... 4.3.2 Final Application f0i Payincrit ......... : ................ JXI.12 Record me D66unts, . . . .......... ....... ................. .5,19 Final Inspection,._ ..... I., ........... w .... ,.......14.11 'Sccpe of Change� ...... ............................... 10.3-10.4 Final Payment and Acceptance ........... 14.13-1 :14 Substitutes, .......... ........ '&7.16:8.2 ............. 'Partial Utiliiation .... j.L; ...... ; ......... ....... - ; .......j4.10, ;W-i -Unit Ice , or _ .... ... - .................... ... -.1 .... J1.9 1.11. &bs'arrialCompletion. ......... 1�38.14.8-14,9 "III If Work, covered liy: ... ......... ...... I i.3 vvr12r- of Claims,; ........ ...... %..; .......... 14.15: "Changes intbcMork ........ Computation of Time��_ ... ......... ---- 37.2.1-17.i.2 Notitt cmimn ofsiurcti .. ........................... �-10' ........ 10.5 Concerning Subcontractor . 3, so 11 plifie I is ,01VNER. and ......... ;i, b IrtiON7RACTORs ........... ;.:�........ 10.4 I.......... Conafnedr- erims ,re.p Right to en adjustment,,, .......................... ......... 10,.2 initially acceptable schedule....... ........ .......... :2-9 Scope of change .................... : .................. :10.3-10.4 prw'onsuruc'iioq ........................... ....................... 2.8 Claims.. 1 'Conflict, Error. Ambiguity githy. Discieponc�-- ag�inst CONTRACTOR .................. ............ 6:1 6 CbNTIL�CTCJR to Report ......................... �.25� 3.3.2 against ENGINEER;.,;.:. ... 3, ConstrucionIbefore starting by ,against OWNER .............................................. :0.32 •CONTRACTOR ......................... ;23-17 Chiarige of Contract PfiC4 ......... 2 Conititiction -M�fchi�n'*e:,f,y."E"q'u*i*p**Mml,etc,...,,., ..... Change otCoatraci Times -* ....................... 9,4, 12.1 •Ccntmuing the Work;........................ ,6,4 6.29, 10.4 CONTRACTOks ............ �A 7,49:4.9.5.,%II_I0.2. Contract Documents- ............ ....... ;AI.z 4.9, 12.1,13.9,14.8, Amendin J-5 ..................... ............... J5.1.15.5,17.3 Bonds 5.1 EXOCaC'Ntka];CO M­710-1431910-8(1990 .. E . DITION) w/ CITY OF FORT.COLUNS MODIFICATIONS (REV 9M) FIRM NAME Are you SIGNATURE PRINTED ADDRESS PHONE EMAIL BID SCHEDULE Soil Prep $10,533 Irrigation $47,065 Plantings $46,968.70 Beds $19,778 Gobble $2,237 Basalt Columns $4,392 Seeding $2,332 Bond $2,66491 Total $135,9,16.61 �� c • �/Zc25��ei /rr7.AdTia7/ • 0 Cash Allowances,-„ .............. ...... _ ........ ......... 11.8 Stop Work requirements„_._,,,,,,._,.,,,-.,.,,,,-..,., 4:5.2 CONTRACTOR's— Article of Paragraph Number Article or Paragraph Number ,Chiifige of Conti-tim Prioz ............... .............. Change of Contract Time , s .... ......... ............... 'Work., .. ' 12 pompensatian ................. _ .......... ............. 11.1-11-2 cfiarg�ca'in the............................. 10,4-10.5 continuing Obligation .................................... 114.15 check and verify .. .. ..................................... 25 Defective Work ..... ......... .... 9.6, 13.10.13.14 ClarMciations; and Duty to correct the/ectiveMmIc ......... :.. ........... I ... J3.11 Interpretations ....... I .......... ; ...... 3.2, 16. 9A,9.11 Duty to Report__ definition 6f .......... 1.10 Changes in the Work caused by ................................ ENGINEER its iniiial'intcr p�etcr of ........... ........ ........ ; ........ 6.23 , E&IGOE0 as 6df4Fks representative,,,, ......, 9.1 Defects in Work of Others .............................. 73 generd[3 Differing conditio'n*.. ..... ... ................... ;,_4.2.3 Insurance, 5.3 Discrepancy in Doutuments; ... __2.5; 33.2, 6.14.2 ...... ........................................... Intent ......... ......... ; ....... 3.1-3.4 Under grmrnd Facilities not indicated ...........4.4.2 minor variations in the Work... ........................... 3.6 Emergencies - 0.23, 6wkxs'rcspoinibiIitk , t6 furnish data..,,.... 6 Hquipni eni and Machiriciy' MWER's responsibility to male ofthc Work ........................... 1 ............... 11.4.5.3 prompt payment„ ..... ! .... ......... g.3, 14.4,14,13 Fee-Crisf Plus- .... ............... .... 11.4.5iS� 11.5.1, 11:6 : precedence .......... .................................. -3 L 133 General Warranty and Guarnmice; ....................... 0.30 Record Documents............................................6.19 Ilintard Communication Programs,,,,, !chnictil Societies ................................... 3.3 Work.......... I ... I ........................ ig and RmWing DiscirePitncies; ....... . , 25,3.3 ........... .............. ............ lenting.... ; ............................................. 3.6 ition of ENGrNEERs Employment,........... 8.2 ceWork................................................ 11.9 of ............... 3.5, 4.1, 9.4. 10.3, 11.2-11.3 ................................................... i Disputes .............. E ...... I ............. 9111 ;f - - .........................................1.11 Ac6cp . tance of Insurance ............................... ... 5.14 Communications ,5.2' 6.9.2 ....................................... Coratirue Work .... ....... :.; ................ !;:j6.29,10.4 coordination and scheduling ............................. 0..9.2 definition of ........................... ............ ............. 1.13 Limited Reliance novi oh Technictil Data,Authmized, ........ ..................... - ..... A.2.2 May Stop Work or Term irate...... 1- ................. JA-5 provide site access to others._ ......... ........... 7.2,13:2 Safety and Protection,,,,,,,, ,,,,, .... 4 3:1.2i 6.16; 6. 1 8, ................ ........... 6.21-6.23, 7.2,13.2 Shop Drawing and Sample Review Prim to Subm ittal ............... ; ........................ 6.25 vii by ............. 63,4.1 .......... .... : .... �5A ......... :9.10,10.4 theWork .................................................... 0.30 Patent Fees and Royalties, paid for by:................6 12 . ..... Performance and Other Bonds .. ... . ... 5.1 Permits, ' obtained and paid.......................0.13 , Progress Schedule ...... _ ............ 2.9, 6.6, ............. I ....... .................. 6,29. 10.4,15.11 Request for formal decisionim disputtes.............9.11 the Work,.::_................._._..:.... 10,1 Subcontinictms. Suppliers cr5 68-6.1 1 the Work -9, 10.4 ........................... 6j, and Guimantee ....... ...... -.6.30 . CONTRACTOR!sreview Prior, to Shop Drawing or Sample submittal ... :..:, ..... "j5:25 Coordination of Work .................. I ............. 6.9.2 Emergencies .... ........................................ :A.23 ENGINEER'S evaloation.'Substitutes or "Or -Equal" Items__.. .............. .......... 6.7.3 For Acts and Omissions of Others .................. .......... 9 13 f6r deductible am mmts.irisuramce ... ......... general.. ;...... _,...........................6,T2, 7.3, 8.9 llazardicus Communication Program ........... 02 Indemnification ................................... 6.31-6.33 r.x6- GrwmiAL coNiii-nom'i9io-s 6990 Emitim wl MY OFYORT COLLINS MODIRCATIOM (REV 9199) 0 0 0 • Labor, Materials and Rquipmem..............6.3.6.5 CONTRACTORS-otha... .................... ......... Caws aalRcgulations,.,, ... :.: .....Liability, I Sr , , ..... 6.14 Contractual IM11716C. :. Ins '.' ��: _�': ....... - Liability Insurance ................... _ . . ...... ...... 5.4 Contractual Thne Limits,,,..................................... 12.2 Article or Paragraph Artirle or Paragraph Nutvber Number Notice of variation from Contract Coordinatio Documents ..... I ........ . ..................... ;­ ... 6.27 CONTRACTORs responsibility ........................ 6.9.2 Patent Fees and Rdyilties, ..... .......... 12 Copies of Documents.,, .. ..... .......................... 1 2 Perm i4s ................... qs ...... 13 Correction. Period ..................... ............... ........ 13.12 Progress Schedule_.. ... ....... ...... Correction. Removal or Acceptance Record Dorian cnts:.__: ..... '­$:19 of Defictive Work ­ related Work performed prior to in general,,,,,,,,,,,,,, ................ 10-4.1,13.10-13.14 �LNGINEERs approval of required Acceptance UDefective.W6rk...' ........... ........... 13.13 submittals, ................ ........................... 6,28 Correction or Removal of safe structural ...... I ...... :&li: bifednve. Wark .... ........ 11% .... 6.30, 13.11 Safety and Protection ................ ..... 6,201, 7.2; 13.2 Correaim Period, :� ............ .............. 13.12 re , 3afely keli W maiive, ... - ....... ...... . ....... - _:6.21 61VNFWMay(ciiect DefecilveMbrk JIM Scheduling the Work ..................... ; ............. 69,2 OWNER Nfay Stop Work .... .... ... .. ............. W; ......... Shop Drawings and Samp , , ... I. I ... I ........ 'CMIL Shop Drawings and Samples Review of Tests sind ins n s ........................... ........ 33.4 ,by ENGIN ................................. 6.26 'putiti Records 11.7 Site Cleanliness...;,_ ... ...... . ..... ; ....... :6. 17 Cost of the Work-- Subiuittal Procedures:,,. _,,.,..,.,._ ................ 6.2� insurance, Bonds and insuran, additional ................... 11.4.5.0. • Taxes :.6,15 Testsand Ifisfiections .... ......... I]l.5 To Report ....... ...... Use of Premises ................ 0.16:618 6.30.2.4 Review.Prior to Shop Drawing a - Sample Submittal. ..................................... _A'25 Right to adjustment for changes in the Work 10.2 right ..... 4,7.1, 9.4, 9.5, 971 ,10.'2')1,2, .......... j 1.9, 12.1. 13.9, 14.8. 15.1, 15.5; 17.3 Safety and Protection',_;,.... t.6;20-6.22, 7.2,13.2 Safety Representative: -.,. .................... ......... �621 Shop Drawings� and Sanip16 Submittal.5...6.24-6jll apd"O,-Equal' Items, z .... .... ;..� .... ................ ;, ...... �6.7.1, 6.7.2 tars, Suppliers and Ot.herii .......... 6.6­ ' 6.'l 1 i and Snpaintendencq ......... 6.1,6.2, 6.21 stop • or terminatc 15:5 race .............. ...... 4.2. - 3 ......................... 14.8 1. Fee.............................. ..... 11.6 !s%. ... ; ....... ....................... 11.4.5.1 .............................................11.5 ne officeand overhead cxpcnse5 ....................11.5 set and damages .......... . ..... ............ 11.45.6 trials and c4uipm6it ... ............ for expenses,,,.- ...... ................... roll costs on,chang6k ................................. 11.4.1 earned by Subccntra&oirs ....... ........... 11.4.3, Vitals ofiximaraction equipment and, machinery. � ..... ...... . ........... I ........ -11 A.5.3 Facilities_ ............. :)1.4:5.2 rRXdTOR's ....... ; ... J14.4 ...............................11.4.5 ........................... J3.4 .......... ;; ........... : ... �JI.4.2, Utilities, fuel and sanitary facilities , ...... J1.4.5.7 Work after regular hours :9overing Work... . ...... - ......................... ... 13.6- 13.7 : �Cumuliitiv.e Rcm4cs ..... - ....... ......... ...... .... 17.i-17.5 Cutting; litting and patching: ... i .... �; .. ... . ; ............... 7 .2 .... Data, to be famished by OWNER .............................. 8;3 'Day-,definitim of.__ ............. ..... . ...... 17.2.21 Decisions on Disputes ...................... ;; ............ 9.11,932 defective.-d.efinition of.....:_ ...... __ .. ........... ........... J.14 ,defective Work-- Acceptance of_ ................................... 1 10.4.1, 13.13 -, I ­ . I . .1 . 1 1. - rJCDC(ILNhT-ALCOM71ONS191O.S(1990E[)InON) w/ MY OF FORT COLLINS MODIFICATIONS (REV 9199) Correction or Removal of 10. 4-1; 13 11 Correction Pcriod ....... _ ......... ......... in general ......................................... 13,14.7. 14.11 Article or Paragraph Numbei Observation by ENGINEER ................ .......... 9.2 OWNER May Stop Work .......... I ..............13.10 Prompi Notice of Defects,,,,,,,,,,;,,, „ ..I............. 13:1 Rejecting..... ; .... ..... ; ........................................ :9-6 Uncovering,the the Work : .......................... ........... J3.8 initions . . ................. I lys ......................................4.1, 6:2§, 12.3112.4 ivory ofB6hds. .. ... .............. M.: .... ; ................ ..... 11.1 ivery of certificates of insurance ............................2.7 . ........ ................. ........ _;4.2.3 icw........... : ...... . 4,2, 4 Docunieriti Changq _1.2.5 1 Timm Adjustaiiintit ............. 4.2.6 and Resolving_, ...... r- ....... 2.5. 3.3.Z 6.14.2 Dispute kesciiiition- Agreement.:.:..:::.......:::....:.-.........:.............)MA 16:6 :Arbitration,;,, ....... ..... 16 I-i65 ................ T' ' generall(i Mediation......................................................... 16.6 Dispute Resolution Agreement..... Disputes, Decisions. by ENGINEER ............. bocurvicnts--' Copimof......... ........... .................. .............. 7.2 Record 6 19, ReuseOf . .... ................ .......... ..... .... .............. :1.7 Drawings-I'definiti6ii of ......... ; ...... I ... ; .................... 3.15 Easements ........................................................ 4.1 Effective date of Agreement definition of .............1. to Emergencies ................... ......... ........ ........... 0.23 as initial interpreter on disputes ................ 9.11-9.12 definition of .... .. " ** ...... ... ­ "" ' 1.17 " " " ' ­ Limitations an authority, and resporisibilitieg ..... 9)3. Replacement of ..................... . .... ........ ......... 8�2 Resident PiProjectRepresentative . ....... .............93 aINEEks Consultant definition ?K .................. 1.18 authority and responsibility, limitations on ........ 9, 13 Authorized Variations in the Work ..................95 Change Orders, responsibility for ....... 9.7.10,11, 12 Clarifications and Interpretations_,,,,,,,,_., 16.3, 9.4 Decisions an Disputes .......... ..................... 9.11-9.12 defective Work; notice of......... ....... .................. 13.1 Evaluation of Substitute Items ......................... &.73 Liability .............................................. __0.32, 9.12 Notice Work is Acceptable. .............................. 14.13 Observations 030.2, 9.2 OWNER!s Representative..._......,,.._...._...............9.1 Payments to the CONTRACTOR, Responsibility for ......... ........................ _9.91 14 Recommendation of Paymerd, ... ;: .............. 14A. 14.13 Article or Paragraph Number Responsibilities --Limitations - ibilitim-Limitations on ........ ....... P.11=933 Review of Rep'crts an Diflermi&'Subsurfa�' and Physical Conditions ... ... ...................... :4.2.4 ,Shop Drawings and Sa aples. rearitiv rcsponSibility ....... . ...... - .... .. .. .... : .... 6A26, Status During Construction- tauthmiied variations in the Work ............. :-op-s an ENGINEERs Limitations on 1-9.12 Shop Drawings, Change Orders and Paymentk... ....................... _ ...... 9.7-9.9 Visits to Site........_ .................................... _9.1 !.Price detcraninations!... .... "... ....... I ....... I ... ;9.10 Written consent rccptircd.j ... I ........ ................. :7.21 9.1 Equipment, Labor, Materials and ........................0.3.6.5 Ecluipincrit rental, Cast of thc,Wrrk . .............. ...... 11.4.5.3 Equivalent Wterials and Equipmeril... ............. ...... J.7 error or Mission : .......... ............................ ;_ ...... 0.33 Eiialexace of Financial Arrangements,,,.... ._...011 Explorations of physical conditibmi ........ ................4.'2.1 Fec,CONTRACPDXs--Costs Plus .... ...................... IL6 Field Order - definition of...............................:.............I....... 1.19 issued by ENGINEER ................................ 3.6 ' 1.9.5 Final, Applicat ion for Payment'..' r .............. --_l2l.12 Final . nI In ' inspection .......... ........................................ �J 4.1 Final Payment- anA'Accjpijnce. .......................... _ -------- 14.13-14.14 Prior to, for cash allovances ............................... 11.8 Gcniral PrMisions ............... 17.3-17.4 Genevil Requirements- d6r'itian of .. * ...... ................ : ............. ........... 3.20 principal reiertmes fp ............... 2.6,16.4. 6:6-16.7, 6.24, Giving Notice ........................................................17.1 ;Guarantee of Work -,by CONTRACTOR„ ;6.30. 14.12, Hazard Contimunicatio ' nPrograms.: ..........................R.22 Hazardous Wasli:-- a ,6linittin of..................................................1 .21 ieiieFai. ...... . . ............ ........... -- ............. .OWNER's responsibility for ............................ ;:A-10 bc&,ciLNLRAL cotiwn6m 19io,-s (too Etihioio w ci ry OF FORT COLLIM MODWICAT70M (PEV 9f99) 0 0 0 L 0 11 Indemnificati6h,., ..... 4: ]2 6,16; , 6.31-6.33 Initially, Acceptable Schedules ........ ........ ... ...... 219 Inspection -- Certificates of;, ; ,,, ,...... ..... 9.13.4. 115. 1402 pins] Article or Paragraph Number Speciid, rehired byENGIMER.: ......... : .............. 9.6 Tests and Approval..::.:. ..... $3, 13,3-13.4 Insurance— .... A14 .......... ; ........ for Pe ymont .................. ...... 14.12 Tor insurcdy..............3.12 -Pcny. .. . ................. ...... ...... :r,_ .......J.U-DAV ccipt and Application of Insurance Proceeds . ............................................. 5.12-5.13 ccial Insurance... : ....... : .................. I ......... ...... 10 I ai4er of Rights ...................... .. ........... ... Df Contract L ...j.7-3.4 etations and Clarificationg, .... 3.6.3,9A ptiOnsol"physiml condition'; ............. .........42 ....... . Materials. and Equipment ... ........ �3-6,5 and Easements ..... ............. ...... .................. ,ty g.4 Availsbili of ..... ............. . 8.4 Reports and Tests .. .. ... " .. .... �­ ---! ...•........ .. 8.4 Laws and RcjWation's-�Laws or Rc8u!'D:timS-- Bonds Changes in the Work..__ .............. ....... 16:4 Contract D'Pcumcnts....... : ............. ......... X, Work, taxes... I ....................... of................. -- .................. ....... 6.31-6:33 ........ . .......................... ................... ...... ............ ...... ............. .. ....1, 3.3.3 Reference to - — ............. ... — ....... Safety and Pfolecli6n ........ :.,: ........ �.:; ..... ;..62A 13.2 .S.u1b,contra6t,ors, Suppliers and Other; ...... _fi.8-6.11 fiqlicle or Paragraph Ntunbd Tests and linipettirnas ........ ............. 13A Use Visits to Site.......................................................9.2 Liability Insurance .. C6I,ftRAcrOwi ............................................... . 5.4 OWNEKs ....... ........ :'*......... Licensed Sureties and Insurers_ ............................. 53 ................... I....................14.15 7E.R!s authority and ...................... ... ....... ........ ;:,; ... ..... 4.22 for Payntenj_ ...... ; ......... ..... 14.12 -Computation ...... ..... _.: ................. �:j 7.2 ,of`fimcs�-, C=ulative.Remedies ......... ............... ............ . 17.4 - Giving Notice ....... 17.1 Not ice of daim, 'C'o'u,r*t ..... 17.S Proreamorm' I Fiis and Costs' Included....,;._ ITS! Multi -prime contracts, ....... ........... Not Shown or lndiratcd ....................'4.3.2 Notice of-- Acceptability of Project.:, ......... ;,;,14.13, Award, (� definition of ......................... : ..... . ......... ..25 CIDuo..................... .................. a ................... 1.73 Delects.13.1 Differing Subsurface or Physical Conditiom .... �4 . .13 Giving'; ...... ...... - .... ................ ... ... . * - 17.1 Tests and Inspections .... I ... ..... .. ...... ....133. Variation, Shop Diming and Smpl� .. ............. 0,27 Notice t(;prccced-- definition oc ...................................................... 1 1 A �giving of ............................................................. 2.3 LJCDC bENIMAL; CONDITIONS 19104 (1996EDITION) W1 CITY OF FORTCOUINS MODMCA77ONS (REV 9199) • Notificatioa to Surety ......... ......... ..... ................... 10.5 testing, independent;........................_.......... ...... 13.4 Observations, by ENGINEER ..... ............ :_§30, 9.2 we or occupancy Occupancy of the Work .................... 5.15, 6.30.2.4. 14.10 of the We& .......... ........... ....5.15.6:30.2.4, 14.10 Omissions or acts by CONTRACTOR,..........._ 0 9, 9.13 written consent or approval Open Peril policy form, Insurance .......................... 5.A2 required .......... ................... .......... :9.1, 6.3. 11.4 Option to Replace ............................. 14 ic", ar, Articragraph Number *Or Equal" Items ...... ......................... ____ ......... 0.7 Other work 7 Overtime Work --prohibition of.,-,,,....__ ................... 6.3 OWNER-- Acceptance ofatefecti ve Work .......................... 13.13 , appoint'an ENGINEER ....... ..4 ............................ 8.2 as' fiduciary ................ .......................... __5.1275.13 Availability of Lands, responsibility ................... A" definition of .................................................... 1.27 data, furnish....._ _ ........ ......... ....... ..... _J.3 May Correct Defective Work ...........................13.14 May refuse to make payment .............................14.7 May Stop the Work ................ ............. :: ........ J3.10 May Suspend Work: Timinate ........ ............$g. 13.10,15.1-15.4 Payment, make prompt ................... _l$.3,14.4,14.13 ptrfoarmance of other work .................... ............ 7.i permits and li ' cerises, requirement,{ ......... ..... ;...§.13 purchased insurance requirements,,,,,,,,,,,,,, 5.6-5.10 OWNERs-- Acceptance of the Work........................._.0.30.2.5 Change Orders, obligation to execing ....... a'_8.6, 10.4 CommunicationA ............................ . ................. �8. I • Coordination of the Work,,,,,...._.... .......... ......... 7.4 Disputes, request for decision.: .......................... 901 Inspections, tests and apptoval4 ... .............. $3, BA Liability Insurance ........................................ ...... 5.5 Notice of Defects ..............................................13.1 RepresnarlativP_-During Construction, - ENGINEER!s Status .- ......... ............. ......... - 9.1 Responsibilities -- 'Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ............. _F. 10 Change Orders, ............ ........................ ....... 8.6 Changes in the Work,...._ .. ................. _14.1 communications ....... I_: .............. d.. .... .......... 8.1 C6NfkA&ORs respansibilitiq .................. 5.9 evidence of Financial unrengcmentp .... ......... FAI inspections, tests and approval* ..................... 8.7 insurance . ......... 5-5 lands and easement*,,,,,..._...................... prompt payment by ....... ................ ...... ..... - 8.3 replacement of ENGINEER ........ ; ............... _?.2 reports and tests ............................. 4 ............ . 9.4 stop or suspend Work 13.10, 15.1 terminate CONTRACT ORs services..::. ........... : ..................... _1li,8.151 separate representative at sitq .............................9.3 xi LXDC GENERAL CONDITIONS 1910.8 (1990 EDITION) .1 CITY OF FORT COLL1143 NIODIFICATIOM MV 9199) Article or. Paragraph Article orParagraph- Number Number written notice required,-.. ......... ;7,,1, 9.4, 9.11. (Shown or Indicated..: ......:.: ...,......:4.3.1 .... ....... ....... 11.1,'1 L9, 14.7, 15.4 _ - " 'Technical Dale... _ ...... .. -......: ......... 422. PCBs-. Prccorutructioiut Confcrencv ...;:.... ;,_2.8 -defiinition of ............... ,,,,., ,,;.„1-.29 Prelim inary Matters.,_ - ......,...... general,,,. t ..................................................45 Pfcliminary'Scheduhis ......... ,,,:2.6 OWNER's responsibility for ..... ;, :,,;,,,810 Premises, Uwe(....... ........... .....::: 6JCr6:18 Partial Utilization— 'Price. Change of Contract;; „ , ........ „11 definition of - ........-:...::; .)28 .-.:..1:. ol'. .,..:, ...:.:... l.11 general G:30 2 4, 14,10 ,ce,.Can[ract--defmihon 'Progress Payment, Applications fof. ....,,,.,..14`.2 Property Inswancc .:,_;,,; ,,,,,,,,, ,,.,; 5.15 Progress Payment,-rctamagc ... ,._, - ....... _,14.2 Patent Fees and Rgaldcs................... „ „ „_....., 6.12 Progress schedule, CONTRACTOR's ..... 2:6,.2.8, 2.9, Pdymeiit Bonds .......: ....... .................... j15.2 ......... 6.6, 6.29.10.4.152.1 Paymenls,-Recommendalion of ,,, ,,, 14.4-14.7, 14.13 Prujcct-dcrmition—of , 1.31 Payments to CONTRACTOR and Completiu i- Project Representative-- Application for ProgressPayments „..... ......)4.2. ENGINCER's Status During Construction.. ..9.3 C0NTR.4CfOR's Warranty of Tide: .... ProjectRepresentative,.Resident•-dctini[ion of __,,,,133 Final Application for Payment ,:.... ,, .14.12 ,prompt payment by OWNER ......................8.3 ection Final fni - p ........................................ ... 1411 Property Insurance — Final Payment and Accepiumci.... 1........ ... 14:13-14.14 Additional........................................................ 5:7 general.',::; ,,,,,, .;,,;,,, ;53, 14 gweral5.6-5:10- Partial Utilization ,,,,,. : : ,,-_:14.10 Partial Utilization ,,,, ,_,-5.15, 14:10.2 Rctainagq............................................ .14.2 rcccipt and application of prccccds „ ...5.12-5.13 Review of Applitdtions'for - Protection, Safety and ......,. .020421,-13.2 Progress Payments,,,,,,, .... „14414.7 Punch list ,,, ,,,,,,,„,,,,,,,,,14,1.1 ...................... . Prompt payment .,,,,,,,,; ... ......,,8,3 ,. Radioactive Material-- - 'Schedule of Values,, ;;;;,, ,,;,, 14.1 dermtiogof ........... 1:32 Substantial,Completioq.. ...... ..14:8;14.9. •genere14;5 -- 'WaiverofClairm ......... . ......... ..... . .......14.15 OWNER's responsibility for.,.,,, .... - -8. 10 when payments due 14 4 14,13 Recommendation of Payment 14 4 14:5 14.13, • withholding piyaneiit 147 ,Record Documents,,.,, ........ 6`1914,12 Performance Bondi ,:................ .............. ;5 1..5 2 Records, proceduresfor maintaining ................ .........2.8 . Permits ................ .:......... .........:........ .....:. ¢.l3 .Reference Points .,.......................................... -.4:4 Petroleum-, . :Reference to Stanrds end�Specifiiatii..ns definition of :............. .......... J-19 �ofechnical .Societies.......,,..........:..:.........:.:..... 3.3 .general................. .......4.5 Regulations, Laws and (or) ........ .............................. 6.14 Rejcating Defecpve4WmA-.... OWNER's responsibility for...............................8.10 Related Work-. Physical - gat Site .............. ,,; - ,,, ,, ,7.117.3 Drawings of, in or Mating,tp ....... „ ;:4.2.1;2 Performed prior. to Shop Drawings ENGINEERS review,,,,,,, ,,,,:;; - . ,,,; 4.2.4 ;Ind Samples submittals review- ............. 6.28 existing structwes ........: ......... .; 4.2.2 Remedies, cuinulative - - -174ll7.5 Notice of Dikf nng.Subsurface or...., , 4.2:3 Possible C6r truct Documents Change,,: - ,, 1.2.5 Possible Price and Times. Adjustment;„ ... A.2.6 , Reports.a,nd Drawings ,,,, ,,,,,,,,, A.2.1 Subsurface and..... ..............:.......................... �.....4.2 Subsurface Conditions,.._ ............ .....4.2.1,1 Technical Date, Limited Reliance by A'uih4ired: ........................ .2.2 CONTRACTOR Undo round Facilities, - general... ................... I................; ,4.3 NaShown or Indicated ....... ....................... 4:3.2 Protection of .................... ......... „ 4.3. 6.20 sii Q Discrepancies..............................2.5. 3.3.2, 6.14.2 Reports _ .. and Drawings ........ ...... .... ..............4.2.1 and Tests, OWNF72's iesponsibility, ,, ,,,, , ;,,,;,, 8.4 Resident and Project Representative-- defi itioaof............... ::..................... :............. 1.33 provision for ........ _ ; $1.3 E1CDC CLNI AL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MOI)MCATIONS (REV 9199) Article or paragraph Number Residen[,Supenmtendefit, CONTRACTOR's ........ z ......6.2 Responsibilities- CONTkACTORs-in'geneml .... : .......... ...... ; ...... 6 -tNGINEHRs-in general .......................................9 Limitations on............: .: ........... ;. ............... :9.13 OVVINER!s-m general .......... ............................ . �8 lairage ..... w ............. z ... ... ........ ..... I...... 1.4.2. .and Sminples'Prior to, Submittal� ........ : ..... -.1 .... 6.25 iymentN ... ;_� ............ ....... 14.4-14.7 justment.... ............. * ......... ................. JO.2 .............................. nt Pecs and ..... ............. 0.12 '. Loading ..........................................6.18 and Protection; ...... ............. .......... 4.3.2, 6.16, 6.18 : .... -.4 .... ; ... 6.26-6.21, 7.2. 112 ,general ..................... ............................... �.*6.23 ,Repres6raii6e, CONTRACTOR ..... : .................. (,.21 Samples - definition of ............................................ _ ........ 131 general . .................................................... 'by §.24w&28 'Review CONTRACTOR....._ ........... ............. 6.25 Review by ENGINEER ....... ..................... 6. 6.27 related Work..... ............................................. 0:28 ,submittal of .. .... ........ ...... :submittal procedure;.......................... ............. Schedule orprogress ............................. 7..6, 2.8-2.9, 6.6, .1 .... - ........................ �.'-;fi.29,10.4,1521 Schedule of Shop Drn%v.ing and Sample _ ............... 2,6,18-2.,9,6.24-6.28 ,'.Submittals,,.,,.,, Schedule of Valucs .............. _- ......... .... 7:6,2.8-29, 14.1 Schedules - Adherence to.Q., .............. : ......... .Adjusting ...........................................................6.6 I Change of Contract Times,,,,,,,,, I ... ............. I ..... 10A Initially able.,,.,..,,,., - Accept ........... ......:18. 2.9 Preliminary ..... .................... ....... ... ......2-6 and Samples, general, ................................ 6.24-6.28 ;Clmnge Orders & Applications for Payments, and ........................... 9.149 ,definition of .............. ............................. J:35 FNGINEER's approval of * ....... ................ * 3.6.2 ENGIT,ir-Lk's responsibility for review_ ..... ..................... ....... 9.7, 6.24-6.28 related Work .... ................... — ....... ...... ...... .... 0.2i review procedtueA............................._2. ll, 624-6,28 Article or Paragraph Number submittal required ........... ......... ...... ............... 614.1 Submittal Proceditrei... ..... ! ......... ; :; ... ......... :..6.25 use to approve substituuims. ... .............. ... :6.7.3 Sboxvp or lndicat,if. .... I.- ...... .................. 4.3.1 SiteAccess ........................................... ........... 7.2. 13.2 Site Cleardines!t ............ % .................. ...................... §. 17 Site, Visits to - by ENGINEER ............................ .............. 9.2.13.2 byothers: ........... ;..::_ ....... ...... : ................. i.13.2 'spccial cinises; of.loss" policy form, insurance ..... ....................... ..... 6.5.6.2 definition of..._ ................................................ 1.36 Sp,ci I lications- defination of ... ........ ..................................... JJ6 of Tc6hmml Societies, icfcrcnce to_, _ ....... .3.3.1 precedence„ .................. ............ :.3:3.3 by CONTRACTOR, .... ; .................. ; ....... .......... 15.5 byOWNFR .............................. _88, 13.1o, lit Stcraje of materials and eiluipmint .................... 4.1,7.2 Structural Loading, Safety ....................................... 6.18 Subcoutract6r- Concerning.................................... . ....... definition oc ..................... .............................. 1-37 delays: ................... . - � . 12.3 ............. I Waiver of rights ......... -:. ........................... 011 Subcoritracturs-in general, :.. 61-6. 11 Subcontracts -required provision$., ....511 671, 11 A.3 Sabin ittals- ons for Payment, ................................. 14..2 mce and Optraticm: Manuals ............... 14:12 es................................ —4- ...... ......... 0-25 Schedules . ... i ........ ............... : ....... :2.6, 2.9 .............. ... _ ............................ :0.24-6.28 or Valuck .............. : ....... ..... 2.6,14.1 of Shop Drawings and Samples issionis,., . ..... 2.6, 2.8-29 nyjngi........................................ 6.24-6.2S certification of ........................... fi.30.2.3, 14.8=14.9 definition 6T..................................................... 1.31i Substitute Construction M660ds cr Proceduies ......... 6.72 Substitutes and *Or Equal".Items._,,,._, ..................6.7 CONTRAPTQR!s Expense . ............. ........ 0.7.1.3 FNGINFER's Evaluation ................................. &7.3 .pi.rqual ........ ; ... ..;: ......... I.: I .......... I ......6.7.1. substitute Construction Methods Ljcu;C aLN6UL comm-nom 1910A (1990 EDI 1711514 W1 C11Y OFFORT COLLINS MODMCAnOM (REV9199) Fj 0 0 Ll Article or Paragraph Number or Procedures. ...... ; .............. ; .............. 6.7.2 Substitute ltcms... 7.1.2 Subsurfacc and Physi d C. ca an di ItIons-- � ravv r It'll ................. IL2 . ..................... ........... :..� ...... Lim ited Reliance by CONTRACTOR Authwized Notice of -Differing Subsurfacc a Physical Conditions ..... :..: ......... .... A.2.3 ............ Physical Conditions,,.....,_,,,,,,,,,,,,,,,,,Li 4-2,1,2 Possible Contract Documents Change;", ...... 4.2.5 Possible Price andTimes Adjustments ..... ........... AZ6 ReporLi and Drawings .............. ­ ..... .. 421 .. Subsurface and Subsurface Conditions at the'Site .................... 4.11.1 Techrlical Data.., .... .......... ...... . . .................. responsibility_-,....,-, ..... ­::,-.q supervisc .............................. not supervi9g ..... 4, .... 9,2,�9. ............................... .. Supplemental casts ......................... ....... 11.4.5 -Supplementary Conditions-- definition of .... .. . .. . . ................. • pr mcipa 11 re ter c n ce a q ................. . ......... �.:4.2, 43, 5.1, 5.3,'5.4, 5.6-5.9, ........ I ...... 4.5. 11, 6.8, 6.13,,7.4, 11, 9.3, 9.10 'Supplementing Contract Document4 ........................ 3.6 Supplier— definition of .....................................................J.40 prmciprd references tq ........... 6:20, ......... ­1 ...... ................ 624, 9.13..14.12 ,W,i" of Rights- ............................................. 6:11 Sway— final pgyment� ........ .......... ... j4.12, 1414 Chas no duty to,' ......... .......... F.; ... 9.13. I of ............................... ­10.1­10.5. 15:2 ai of.. ..................... .............. ........ 5.1-53 liget ions ............................................ 6.34 OWNER May ..... 1: ...... ...... ,.;)3.10,1511 Work and Termination-, .. . .............. TOR May ST6pWork or Term mate 15.5 OWNEk'MaySuspen W or ........................ 15.1.. OWNER May Tcnnmatc� ...... Taxes--Payrnent by CONTRACTOR ........................ 0-15 Technii �-1 Data -- 'Limited Relianc ebyCONTRACTOP ............ 14.2.2 ' Possible Price.and Times Aojuiimeni� Reports of Differing Subsurface and Physical Ctinditions,- 4.13 0 Temporiily construction facilities .......... I ...... ..... ­­.,4.I Article Or Paragraph Number Term - ... .............. uspe�onof Work i �Creral... ..... ......... .... Terms and Adjectives; ................... A .. ...... Tests and lnspectionis­- Access to the Work, by other s ........... CONTRACTOR!sreslvnsibg,ities..., ................... 13.5 cost of 43.4 covering Work PTi0T.IO ............ ................. )3.6-13.7 Laws and R�j�lmionk(or),,;,,,,, ............... ISS Notice of -Defects., .............................. ...... 117 -,6WNER MnYSt6P Work:... 13.10 Timcs-. .............. .......9.10, 9.11, 1 Li, 12 ........................ Title, Warranty of ................... ........... .......... Lhio0yeri'l; Work ................. ........ I ........... Underground Facilities, Physical Conditions — ............. ....................... ­:.4.3.1 :claims .................... .... �.; ....... ........11.9.3 derlikiiion of........ _,.. . I ............ ....................... 1.42 generall 1.9.'14:1. 14.5 Unit Prices -- general 11.3.1 Determination for 9.10 Use or premises ...... .................. 6, 1 Ii,6. 18. 6,30.2.41 Utility owners,,,,,, , ............. 13, 6.20,71-7.3,13.2 utilimilo,rL Pmilil: .. .............. 15. 6.30.2.4.14.10 Value of the Work .......... * ............. ............... 11.3 Vslais;Schedule of­ EJCDC GENIRAL CONDITIONS 191M (1990 MITION) w/ a Ty OF FORT COLLINS MODMCA77ONS (REV 91") Variations in Work --Minor Authorized,,,;,,,,,;,,,,,,;;,, 625, 627, 95 Article or Paragraph Number Visits to Silc--by ENGINEER:,,,_ .............................. 9.2 Waiver of Claims --on Final payment .....................14.15 Waiver of Rights by insured partie$.................5.I I; 6.11 Warranty and Guarantee, Gencral--by CONTRACTOR ............................. ..................6.30 Warranty of Title, CONTRACTORs ........................14.3 Work-. Accessto..:_ ................ _ .................... ............. 13.2 byothers............................................................... 7 Changes in the.....................................................10 Continuingthe,... .......................................... _§29 CONTRACTOR May. Stop Work or Terminate ......................................... ._... 15.5 Coordination of.._._...._ ....... ................_.......... .7.4 Cost of the ....:............................................ 11.4-11.5 definition of ..................................................... 1.43 neglected by CONTRACTOR ...:.......:....:....: ...... 13.14 otherWork, .... ....................... .............. . ............ J OWNER May Stop Work ......................... ...... 13.10 OWNER May Suspend Work ............ ...... 13,10, 15.1 Related, Work at Sitq.................................... 7.1-7.3 Startingthe...... ....c.................. :.....:.................... 2.4 Stopping by CONTRACTOR.............................15.5 Stopping by OWNER ...... :..a :..........:.......... 15.1-15.4 Variation and deviation authorized, minx ........... 3.6 Work Change Directive -- claims pursuant to.............................................10.2 definition of...: ............ 1.44 .......................I..._....... principal references tq......................3.5.3. 10.1-10.2 Written Amendment -- definition of ........................................... .......... 1.45 ;principalreferences tq..............1.10, 3.5, 5.111,15.12, .........................6:6.2, 6.82;.6.19, 10.1, 10.4, .......................... .11:2, 12.1, 13.12:2, 14.7.2 Written Clarifications and Interpretations..... ............................. 3.6.3; 9.4, 9.11 Written Notice Required — by CONTRACTOR ............................. 7.1,�9.10-9.11, ........................................... 10.4, 11.2. 12.1 by OWNER.,,:,_,,:,,,,,., 9.10-9.11,.10A, 11.2, 13.14 YY E1C1)C CEMRn CONDITIONS 1910.8 (1990 EDITIOM w/ CITY OF. FORT COLLIM MODIFICATIONS QtEV 91M • LJ (This page left blank; intentionally) • mi EXDC OGNMAL CONDITIONS 1910.8 (1990 MMON) m/ MY, OF FORT COLONS MODIFICATIONS XV 9M) 0 0 • BUY AMERICA The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323Qx2XC) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products Certificate of Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date Signa ComF Title i//ctE /'iz il>eTT Certificate of Non -Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230X2)(A). 53230)(2)(B), or 5323Q)(2)(D), and 49 C.F.R. 661.7. Date Signature _ Company Name Title GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other 'Contract Documents the following .terms have -the meanungs indicated which are applicable to both the. sungiilar end plurelthereof: LL Ad&nda—Written or graphic irt4nunents issued ,prior to the opening of- Bids which clarify, -correct or change the Bidding Requirements or the Contract Doiumcra 1 2. A�iremeut=l'he'wnGcin contract between OWNER ,and -CONTRACTOR covering the Work to be performed: other; Contract Documents are attachedto the 'Agreeniwt .and made a part thereof as provided therein. 1:3, Ayppficahon for Payment-Th6. form ace6p0.d by FT[GINFFR which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by ;such supporting dgnimentation' as is required by the Contract Documents. 1.4, Asbestos --Air) material that contains rnore'thin one ,prucn[ as6isms grid s Giahlc oru rcicasing asbestos fibeis into die air above.curtent action levels established by the 'United States Occupational Safety ,and Health Administration. 1.5. Bid —The offeror proposal of the bidder submitted on the prescribed form settirg'forth the prices for the Work to be performed. 1A Bidding Docimments—The advertisement or invitation to Bid instructions to bidders, the Bid fort and .the proposed Contract Documents'(imluding "all Addenda 'issued prior to receipt of Bids). 1.7. Bidding. Requirements -The 'advertisement or invitation to Did inswctions to bidders, and the Bid form. 1.8. Bon&—Peiformance and Payment bonds and other instruments of security. 1.9. Change Onkr-A document recommended by ENGR4MR, which is signed by CONTRACTOR and 01A'NERand authorizes an addition, deletion or..revision 'in the Wort:; or an adjustment m'the Contract Price or the Contract Times, issued on orafter the Effective, Date of the Agreement. 1.10. Conlrocl:Docrmrems—The AgmincnL Addenda (which pertain -to the Contract Documents), CONTRACroKs. .Bid (including documematiot. accmnpariying the Bid and any post Bud documentation -submitted prior to the Notice of Award) whin attached as an exhibit to the.Agrocincrit, the Notice to proceed, the 'Boils,_ these General Coiiditiors, the Supplementary Conditions; the Specifications and the Dmwmgs n the Er OENERALC6NDITI6N519108(1990EdtkU) wiCiTY OF FORT WLLINS MODIFICATIONS MN 4nOOD) same are more specscally.'identified in the Agreement, • together with all Written, Amendments,.. Change,Chilwa, Work Change Directives, Field Orders and ENGINEER's written interfaetanors and clarifications issued pursuant to pamgruphs3.5,-36.1 and 3.6.3 on or alter the Effective IJate of the 4centent Strop Drawing submittal's approved pursuant to paragraphs, 6.26-and 6.2T tind:the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price -The moneys payable by OWNER�Io CONTRACTOR far canpletionof the Work in aocordaiice with the'Contract Documents as suited in the Agreement (subject to the provisionsof paragraph 11 .9.1 in the arse of Unit Price )York). 1.12. Contract Tunis —The numbers of days or, the dates stated in the Agreement (i) to achieve Suhitantial Complelion.and (ii)to complete Work so, that it is ready for final payment as evidenced by ENGIiJEBR's wrten recotnmendaho_n of final payment in accordance w�th'pmagmph 14.13. 1.13. COM OOR--The person, firm or corporation with whom OWNER has entered into the AgrcernenL 1.14. &festive—An'adjative which when modifying does or paragraph 14.8 or 14.10) to 1.15. Dmwings The drawings, which showthe"scope, extent and character of the Work to a furnished and performed by CONTRACTOR and vrhidn'have been prepared or approved by ENGINEER and are referred to in the .Contract Documws. Shop .drawings -arc rot Drawings as so defied - ' 1.16. Effective Date of the Agmement—The date indicated in Agreement on which it becomes effectiier but' if no such date is indicated it means the date on which the Ageement'is signed end delivered by the last or the two parties to sign and deliver. 1.17. ENGIA'EM—The persmn,. firm or corporation named es such in the Agreement. 1.18. ENGMEt's Casoiltam--A person .firm . or airpomtion having a contract with ENGINEER to furnish services is ETIGINEBR's i dependend pmfewioiiat associate or oonsultani with respect to the Project and who is identified as such in the Supplementary Conditions., 1.19. Field Order —A written order issued by ENGINEER which -orders minor chaigcs'in the Workin accordance -with paragraph 9.5 bur which Ease not involve a change in the Contract rw or the Contract Times. • • • 11 1.20: Gerr¢rdl Requirements -Sections of Division 1 of rlhe Specifications: 1.21. Hazardous Waste -The term Hazardous Wasie shall have,the,m'eaning provided m Sn.6da 1004 of the Solid Wastii lDispnsal, Act (42 GSC. Section 6903) as amended, Gan tune to tune:: 1?2"a_Laits.and Regulation; Laws or Regulations --Any and .all applicable laves, rules, iegulations, ordinances, ,codes and orders of any and all governmental -;bodies,. :agencies, authorities and courtsFievirigjtiri" ion 1'22.b. Leeal Holirbtn"--shall"be those holidays observed by.the City of Fort Collins. 1.23. Liens --Liens, charges, security interests ur cncumbrmices upon real property or personal pmpimy. 1.24. Milestone --A principal event specified in the Contract Documents relating to'an intermediate completion date or time M' to Substantial C&plmizi of all the- W«k. 125. Notre aflw•ard-Awriticn noticc:by OWNER to .the apparent successful bidder stnti'rig that upon compliance by the apparent ;succcisful bidder with the conditions ,prccedc t'cnummalied+therein,; within the'time specified,. 'OWNER will sign and deliver the Agreement: 1.26:Notice , to, Proceed -;A written notice given by ,OWNER to CONTRACTOR (with a;copy to'ENGINEER) fixing the date on' whichthe Contract Times will commence to nm and on which CONTRACTOR shall start ,to perform, -CONTRACTOR'S. obligationsunder the. 'Comma Documents 1.27, OWXMP The public bony or authority, 'corporaliorn, associati(n, firm or person with whom 'CONTRACTOR hasentered into the Agreement and for whom the Workis to lie provided Lk Partial Utilization -Use' by OWNER of a suhstamially completed part of the Work for the purpose for which it is intended (or a.related purpose):.priorto Substantial Caiipletiori bf all. the Work_ 1;29: PCBs-Pclychloimatedbiphenyls. 130, Petrokran- Petroleum-includutg crude ;oil,or any 'ftictimn thereof which'is liquid at'standard umddimis'of temperature and .pressure !(60 degees Fatueiiniit and 14.7 bounds" per -.*are inch': ' solute), tuck 'is 'oil, petrolttun, fuel oil, oilsludge; oit refuse, gasoline, kerosene and oil mix6d with When nor --hazardous Wastes anal crude oils 1.31. Prwd-Thee totalconstructionof which the Work to be provided under the: Contract Doaanems may be the. whole, or a'part as indicated elsewhere in:the Contract Documents._ 132.a. • Radioactive.Material-Source, special nuclear; or bypro air material ere defined by the Atomic Energy: Act of EkDCUERM l.CONDiii6MI91D8(t99DE&W) w/city OFFORT Ckwei Mobtru&n0Ns ttZ inotio) 1954 (42 USC Sectiai 2011 et seq.) aswi ended from time to time: 132.b. Regolar Woddne'Hours-Regular worki�g hours are defined as T00am to 6:002m" urdess otherwise specified in the GeneralRequirements. 133. Resident Project Rapreseniotive-Th6. authorized representative of ENGINEER.who may tie assigned to the site oraiiy port thereof ` 1.34 Smriples-Physical examples of materials, equipment,=or`workmaiishIp thoCare representative of same portiws of die Work.and which establish the standards by which such portion of the Work will be. judged 1.35. Shop Drpa'iiigs--All drawings; diagrams; illustrations,,schedules-`and other date or information which are .specifically prepared or assembled by or for CONTRACTOR end sulimtted by CONTRACTOR 'to illusstrata some portion of the l4ork: 1:36. Specificarioru=Those portions of the Contract Documents consisting of written technical descnptuena'of n materials, equipment;'constructio systems,. staddards and workmanship as applied to 'the Work .and, certain administrative retails applicable thereto. 137. .Si6con¢actor---An individual, firm or corporation having a direct comiea with CONTRACTOR' or with arty other Subcontraetnr for.. the performance'of a part of:the Work'at the site, has as uonimarca, so mal me worx tor'speanea be utilized.foi the_purposes'for which it:is or if no such certificate is issued, when the .complete and ready:- for fuel .paymentI as I:bv ENGINEER's written recommendation of to all or part of 1.39: Supplementa?) " Condition -The part .of ,the Contract Documents which amends or, supplements these General Conditions. 1.40. Supplier -A manufacturer; fabricator, ;supplier, distributor, materialman'or iendor having a direct contract with CONTRACTOR or with 'my Sub &mGctor -to famish materials or mppimenlto be mcorpom" in -the Work by CONTRACTOR or any Submntrsctor. 1.41 Underground Facilities -All pipeline; conduits; ducts, wbles.,wires, manholes, -vaults, tanks; tunnels or other sach'facilities or attaeliments, and any en asaximits containing such facilities which have been installed undergotmd to furnish any of the following services or mntenals: 'electricity, gases. steam:., liquid petroleum .products, telephone or Maher eommumcstiorts, cable "televiv M sewage and rhamage removal, traWic or other _control systemsorwaler. 1.42: Um! Price Work-Wruk to he,paid form the. basis, of unit. prices. 1.43: JVoik--The entire <completed construction or the variousseparately identifiable ppaarrtLss'thereof required to be furnished under the Contract Dpcumems Work Includes and'is�the result of'perCorinrng or'.Cumishmg labor and furnEnt,g and 'incorporating materials and equipment into' the etion. tiro performingCumishingxrvicesand oaimenm all "-ors'"required by the Contract: Da -- k Change Directive -A written directive to, 9.OR.issued on or slier the Effective Date of ent and signed by OWNER and recommended. EER, orderiti an addition, deletion ce revision rk-or responding t' differing or unforeseen' sditiott tinder .which the Woik is to be - as provided in tiamamph4.2 ,or ,43,;or to not change the t;ontmct Mcc or tic Umuract evidence that'the parties a�pat that the cd or documented by a Work Change .be incorporated in a subsequently .issued following negotiations by the parties as to its on the Contract Price orCommct Times as 1.45. WriHein Amendment -A written amendment of the Coraract .Documents, signed by OWNER and. CONTRACTOR on or after: the Eflective.Date of the Agreement and normally dealing with the nonenginenring .or rioraechrucal rattier than strictly construction -related 'aspectsof the Contract Documents: ARTICLE 2-PRELEv1INARY MATTERS' Delivery of Bond+ 21. When CONTRACTOR delivers the executed Agreements, to OWNER CONTRACTORshall also ;deliver to OWNER such -Bonds as CONTRACTOR may be required to famish in accordance with paragraph 5.1. Copies of Documents 2.2. OIVNIIi shall famish to CONTRACTOR up to,ten copies (unless otbehvise specific! in the Supplementary ,Conditions) of the Contract m Docuents as are, reasonably nocessary fm.the execution of the Woo:. "Additional copies will be furnisher, upon request, at the cost of reproduction. Commencement of,Contract Timer Notice to Proceed 2.3. The Contract Times will commence to non on the thirtieth day alter the Effective Date of the Agreement, or,, E)COC UENERAL CONDIMODIS 1§14 (199Q Edon) w1QTY OF FORT ODLL1r•6 b10611ICAMONSOLEV 4120M) if a Notice to Proceed is'giV6,L on the day indicated in the Notice to Proceed.. A Notice to Proceed may be given at any time: within thirty days alter the Elective Date of the Agreement _ _ ..:n ,.c.: - r un# A. T:_._ of Rid openiirgiir-tho-ihiitietli�AeyitfleHhe-&tTmtivea3ate Starting the {Nark: 2.4. CONTRACTOR shall start to perform the Work on the date when the C&Itiect Tunes commence to rim, but no Work shall be cl&n ' t the site, price to the date on which the Contract Times commence to run Before Starting Construction: t of the "Wort:; and compare the all applicable field shall womanly'report in m ce discrepancy in the CONTRACTOR knew or' thereof. 2.6, Within ten deys after the Effective: Date of the Agreement (=less.otherwiscu.. specified •in the Gcncml Acquirements),. CONTRACTOR shall submit to ENGINEER for review: 26.1. "a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the vrioos stages. of the Work, including any Milestones specff ed in the Contract Documeias; 2.6.2. 'a preliminary schedule of.Shop Drawing and Sample.submittals which will list each required submittal and the tines tot submitting, reviewing Arid processing rich submittal; 26i1 In no coca will a schedule be acce ble w•h;at allmvs less than 21 calendar dws Cor eachreview.bv Enalncer: 2.6.3. A preliminary schedule of values for all of the Work which" will include quantities and prices of items aggregating :the Contract Price and will subdivide the Work into cobpoiem marts m m1 icienl demil'to serve u's the basis for .progress paynnerrts during ;construction Such prices will include an appropriate amount of overheadand profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and-AWNRFI shall ceah deliver.'io the other.OWNER with copies to eask-ackfitiend-irisured ukwtiftad n d e SapPka a tarry �s earns ENGINERK (and othaevjdence of insurance 17 Ajj'j- 'Al 'mid may A ucst "1OWNERI which to -, fv�m--cfiii oANTRA170 is required se and maintain ;in'- 11 with Prec"fistruditin Conference- M. Within tweruydays after the Corma Times start to held to establish a v the parties as to, the Work s referred to in rompst lmitWy AcapitzMe ScAtedula: ,ARTICLE 3-CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3:1. The Contract -Documents, comprise the •erflire: agreement between OWNER and CONTRACTOR concerning the Work. The Contract,Documents are complementaryj what iscalled for by me iiasbintlingas if ,called Cot by all. The Contract, Documents: , will - be caran d n accordance win hAhe law -of I& plaw.of the Project. ' 3.2. It is the intent of the'Contract Documents• to EKW GENSUI I CONDITIOM 1910-8 (1990 Edtkn) 4 id CliYOF FORT CbLtJ iS M06IFICATIMNS (KEV 412000) Project 'or tee with tV= s a equipment that may in industry or trade meaning are used to Vork; materials quipor e 11 1 incrtt, such words; or tall be 'interpreted in accordance with that an icatu clan ' , ms and inte'r-pirem-nioim-of thcC6,riarsct s shall be issued by ENGINEER as rirmialod in 9.4: 33. Reference to Standard; and Specifioadivis of Technicil 'Societies; Reiiaifinj inid R661ving Dixcrquiticia: ' during the ficrimmarica of the Work-, :TOR disterivon; 'any conflict, error; -a dulaepancy within ' the Contract i or lactwim the Cantract Documents. and sion of early such Law. or Regulation to the peif6imarce of,the Work or of any aid, sq)ocificatiart, manual a 66de or of arty of any St I ip I ph . er I referred . d . to I in TOR shall report. A to HNGDTE M- in on6i, and, CONTRACTOR =slmfi not nth the Work affectidl thereby '(except in an .as authorized by paragraph 6.23).unlil an f or suppleneni t to the Contract Documents sued by one of the methodalindicaLed in 3.5 :or 3.6 provi&d. 'however, "that -TOR shall not 6i fiablerto OWNER or R.'for ffiflure 'to relport any such conflict, i inhiguity or, disdepancy unless T9R,kmw !or reasonably should have 3.3.3. Except as otherwise specifically stated in the Contris6t Documents or is may' be*pbvid6d by amendment or supplemenl,Olvlreto issued by one of irethods indicated in paragraph 3.5 or3.6. the provisions . of the Contract Docurients shall take pre&e'demie in iisolviri any o6rdlict, error;,nibIgUity or discrepancybetween the provisions of the'Contract Documents and: 3.3.3.1. ;the of any such standard, ��irjcaticm, provisions. de or instruction ction (whether or not specifically incoq>omted by reference in the Contract Documents): or �. the provisions, ony suchLaws or Rego iiioris. applicable to ILO perfomience of the W. (unless such an ., aiteryrctati. of the provisions of the Contract Documents would result. in violation of such Law 'or Rcgulatim). 35.3. a Work Change Directive .(pursuant. to . peleFrapb 10.1). 3.6. In addition, the: requirements of:the Cormhad_ Documents:maybe'supplemanted, end mirror variations and deviations in the Work maybe authorimd, in me Or mare of thcfollowing ways: 3.6:1. AField :Order (pursuant to pamgmph,9.51 3.6:2.. ENGINEGR's approval of a'ShopDrawing or Semple (pursuant to; paragraphs 6.26 and 6,27), or 3.6.3. ENGINEER's written imcrprctitim or clarifcaticn'(pursuonttopamgmph 9.4). Reuse of Doexmenb: 3.1. CONTRACTOR. and any Subcontractor or Supplier or other person` or organization performing or code or uisuuction shall be effective to change the duties, funushing _any,of the Wort: under a curect or uquect end re'sponslbilities of :OWNER, CONTRACTOR or' conic[-wtth OWNER Oshell trot have or acquire any FNGINEER, or any of their mbamtractors, consultants, title to or ownership rights in any of the Drawirgs, agents or employees from those set -forth in the Contract Specifications or other documents (or, copies of .any Documents, nor shall it be effective to assign to OWNER, thereof) prepared by or hearing the =1 of FNGINFER or ENGINF.FR or airy of F:N•GINEFR's Consultants, agents or FNGiNF.ER's. Consultant, and (it shall not ruse. any.of cinplbyccs any dory or authority [o_supefvise or:tlircir the .famish• or rfoimancc of du, Work or any duty or such'Drarvings, Specifiatiorn, other documents or copies on'ex[eiisior�srot the. Project or any other project without authorirygto-urh�dertake lesponsibiliry uuconsistent ith the, written consent of OWNER and ENGINEER and specific provisions of paragraph 9.13 or any other prey of the written verification or adaptation by hTlGTNEER:. Contract Documents. 3A., Whenever in the;Contract Doeumeras the terms"As .ARTICLE 4-AVAILABILTTY OF LANDS; iordered", "as directed"'as required", "as allowed", "as SUBSURFACE AND PHYSICAL CONDITIONS;approved'oricrms of like effector import arc used or the REFERENCE POINTS adjectives,reasonable", suitable% ".acceptable "proper" - on'satsfactory" or adjectives of like effect or import we • used to describe a requuement, direction, review'or jud�nent of ENGINEER as to the Wmk, it is intended that Availability of Lands: sucTr, requiremem, dkeciwq reyiew',or judgment will lie, sdely to evaluate, in,genefr0he completed Work for 4.1. OWNER shall famish as indicated in the Contract compliancewith the requirements of and information in the Documents; the lands upon which the Works to be -rn�e.nn T",m.m nM imfnrmana with the desien aerforined riehtsof-wiv and easements for _access is1. a specific statement indicating oiherwisnj. The rise or any such term or adjective shall no be effective to assign to ENGINEER airy duty or authority to supervise or direct the [umisliing or pnrfornmuncc of the Work of •.airy duly or authority to. uricknake responsibility contrary to the provisions of paragraph 9:13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents: 3.5. The Cortract Documents may be emended to provide for addifiorm deletions and revisions in the Work or to modify, the terms and conditions thereofin one or more of the following ways: 3.5.1. aformal Written Amendment; 9:5.2: a Change Order (pomuant to paragraph 10A). or FJCD6oF,NERAI,eoN6in6itsivios(i99 Edtim) aIa TYOFFORTCODttShiODIFiCAn6NSOREV 4nooa) to use or trill have ienls for ,FOR and OWNER are unable do.agree On to or the amount or extent of any adjustments rut :Price .ar the Contract Times as a result of n.OWNFR's furnishing these lands, rights -of. Mrieras; CONTRACTOR may make a claim as provided in Articles ,11 and.12. 5 0 • E CONTRACTOR -shall piovide for all additional lands and, access 'thereto that may be. required for 'temporary construction .facilities or storage of -materials and. equipmem. ' 4.Z SIhmrfaceandPhyii'cal Coidition..t 4.11: Reports and DrM ings: Referenceis made to the Supplementary Conditions for identification of'. A2.1 1 Subaprface Condr'fions: Those reports of 'explorations and tests oCsubsurfaceconditionsat".or contigguuous`. to the s4e.thm have been'utilized by ENGINEER in preparing the Contract Documcrim and A.2.1.2. Plry3461 Conditions: Thai drawirigs.of physical conditions in Mating to existing surface. or subsurface structures at or contiguous to the site. :(except, Underground Facilities) that have been 1wapdt by. ENGINEER in preparing the ;Contract Docuaents. 4.2.2.1 the completcness of such,repdts,and drawings for .;CONTRACTOR's. .purposes, includvig, but nor limited to: arty aspects of the means, methods, techniques, sequences and prdeedures 'of'construclion b be employed 'by CONTRACTOR and .safety, precautions aril programs incident Chef o; or 4:2.22 other data, interpretations,, opinions and information contained mi such reports or shown a indicated in such drawinss,or 4.2 23 my CONTRACTOR imerpretaticii of or conclusion drawn from any, "technical.dmn"_or any such data, interpretations, opinions or infrmation. . 42.3. Notice: ,of Di [/erutg _ Subnrrjace or P70's1c47 Condlitions: if .CONTRACTOR believes that any subsurface or physical condition at or contiguous: to the site that is uncovered or revealed either. 4.2:3.1.. is of such a matreas.to establish that any "technical dam" on which CONTRACTOR. is emaled to rely as provided in paragraphs �4.2:1 and 4.2.2 ismatenally'utaccurate. ur 4.2.3.2. is of such a nature al to require 'a change in the Ci6fina Documents, or 42.33. differs materially fromthatshown or EK:DCOfiNFRAI. CONIXTIODB 19108 (1990 Edfitim)_ co/GTTYOFFORT WUANSM06IRCATIONS(REV4R0a0) indicated in the Contract Documents. or 4.23.4. is of an unusuol nature, and differs mateiially fnan conditions ordinarily encountered aml generally rn:cSmz6d as inherent, in work of the character provided f'm in the Contract Docuntenti'Ihen 4.2:4. ENGINEER''- Reviem-, .'ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNERS obtaining additional exploration or tests with iespect'thereto and fi6ise,OWNER in writms (with, a copy to CONTRACTOR) of INGMER's findings and conclusions, 4.2.5. Possible Contract Doczm rtlss Change it ENGINEER" concludes that.;a change in the Contract Documents is required as a result of a mmdition thin meets oneor more of the:cmegnies'in paragraph 4.2:3. a Work Change Directive or, a Change Order will be issued as provided in Article 10 to reflect: and .document the oonsequrnces of such change. 4.2.6. Possible Price ;drat 7}mes A4ust nents: An equitable u4justirient .in the CoritmCl Price or in ;the Contract Times, orboth, will be allowed to the extent that the existence' of such uncovered or, revealed condition ceuses,un increase or decrease;in CONTRACTOR's cost of or time requ red ror performance o[ the Work, subject, however, to the following: 4.2.6.1 r such condition must meet any one or more of the categories described in paragmphs4.2.3.1 thro;0t, 42.3.4,,inclusivc; 4.2.6.2., a change in the Contract Documents pursuant to paragraph .4.2.5 will not bean automatic authoriralion of nor a condition piecede t to entidemem to any sud3i adjustment; 4.2.6.3. with respect to Wale that is paid for on, a Unit Price Basis, any adjustment in Contract Price will be subject to - the provisions. 'of paragraphs 9.10 and 11.9:. ant' 4.2.6.4. CONTRACTOR shall not be entitled to arty adlustmem.mthe Cmitiacl Price 'orTimes if; 4.2.6:4.1. CONTRACTOR knew of the existence' of "such conditions, at the '.time CONTRACTOR :made a final .commitment to OWNER in respect., of Comract Price. and Contract Times by.the submission of a bid or becoming bound. under a negotiated contract; or 4.2.6.44. the existence, ,of such, conilitim could reasonably have been discovered or revealed its a result, of any erammation, investigation,, explomumi, test or.study of the site and contiguous 4.2.6:4.3. CONI'RACrOR failed to; giver the written notice within the time and as required by paragraph 4.2.3, :If OWNER.and CONTRACTOR are unable to agree on .entitlement to m-as to the amount or length of any such. equitable udlustinent'in=the Contract Price or Contract Tama, �e cloim cony he made therefor as •provided'in• -Articles 11: and 12. Hoivcvcr,,OWNEk ENGINEER and ENGINFF,R's Consultants ,shall not be liable to CONTRACTOR for any claims,'costs, losses or'damages, ;sustained by CONTRACTOR on or in cormection With any 4.3. Physiefil Conditions —Underground Facilities 4.3.1. Shoxn or Indcated: The information and data shown or indicated iin Rie'Contmct Documcros with respect to :existing Underground Facilities at or contiguous to the site is based on•inforniation and data furnished to OWNIKR-or FNGINIM by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provident in,the-Supplcmcntar Condiiiorts 4.3.1.1. OWNER and ENGINEER shall not be responsible for the aeGvecy or Completeness of any such information or data; and ii4 or hidhotedt If an Underground rered or revealed at or contiguous to "a not •.shown or indicaed in the in in an emergency identify the owner ibcDCOENERALCONbmoNs mo s (im emw wr CI rY or FORT COLLI145 k0D1nCAT104S (REV 4na0a) Rcjerrnce Points., 4A. OWNFR shall provide engincering.sumcvs to establish reference points for construction 'which in CONTRACTOR. shall be iesponsible_,for laying out, the Wink shall protect and preserve the nc established referee peons and shall make no "ch5rgcs "a relocations'widiout the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any. reference point is'Iost or. destroyed or requires relocation ,because of tlenssary charges in grades or locations; andshallbe responsible for eccuratereplacemati or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos; PCBs; Petivimi r, llatardous Waste or Raitioadnti Material: Radioactive Material uncovered revealed at the site which sus not:shown or udicmed in Drawir& or. 3pecihcetions or- identified 'in '.the .Contrict Documents to be within the scope of die-Wdl: and which may,present a substantial danger to personscr pro�ppeerty wiposcd thereto in connection with the. Work et Ure Mile. OWNER shall not 6c. responsible far any such materialbrought to. the site by CONTRACTOR; Subeont"metois, Suppliers a anvone else for. 'whom CONTRACTOR is 7 I* 9 • ...imr....L�.A - .....i A 9 14—�d6us waste .v��,wt,t-the sat EJCOC aENM& CONO1TtONS 191"0990 Edtim) a! CITY OF FORT COLD ra mobirICAT16NS Q V42000) 0 ARTICLE S-DONIDS AND INSURANCE Parformmnce, Papncn pmd OrheiBondir 5.1. CONTRACTOR shall furnish. Perfomience and Payment: Bonds, each'in an amou e.ot law equal to the Contract Price as security for.lhefaithful performanee.and puymem of'all CONTRACTOR's ob1i'�ations under -;the Coiitmct Documents. These Bonds she I rimitin in effect at lease 'uriu]`ime year atte the date wlicit:farel payment becomes due,:mcepl asprovided oihu ise by Laws or Regulations or.. by the Contract Ikcunents. CONTRACTOR. shall also furnishsuch other Bonds�ns arc required by the Supplemumary Corxlitions. All Bonds shall be in 'the form prescnbed by the CorWuct Documents except as provided otherwise by Laws ra Regulations .end shall be executed by such sureties es are.named in the anentlist of "Companies: Holdirg ' Certificates of Authoniy;esAcceptable Stiretics on Federal Bonds end as Accepm, ble Rensuri ing Comni paes " es -published. n' Ciicular510-(amcmdcd) by thL Audit Staff, Bureau of Government Financial' Operations, U.S.Treasury Department AII'Bonds signed .by:an agent must be axompanied by a certified copy of such agent's authority 5.2, If .the .surety on ;any .Bond, furnished by CONTRACTOR, is declared a -bankrupt_ or hecom& insolvent . or its right to do businessis terminated in any state where.. ari)•.patt of the Project is located a itbeisci to meef the regatremenli;bf peragtaph 5.l,-CONTRACTOR shall within ten, days thereafter substitutcanother, Bond and surety, -both of which must be acceptable to OWNER 5.3. Licensed Surefiev-and frssurers;"Cotifioates, of Insurance:: 5.3.2.. CONTRACTOR -,shall .deliver. to OWNER r evidence or any oil CONTR4CTOR's Liabifity Inimnanie.- of or -.'result front CONTRACTOR's performance and flurnishiril; of the Work and CONTTRACTOR's other obligations under the Contract Documents; whether it is to be performed or f&nL%h6d by CONTRACTOR, miy Subcontractor - or Supplier. or by anyone' directly or indirectly employed by any of them to peffanm or'furnish :any of the Work, Or by anyone for whose acts any of them may be liable: 5,4A claims under workere compensation; disability bcncfita and othei immlair employee Kcrefit acts, 5.4.2. claims for damages because of boclii injury, occupational sicidness or 'dii�casel Or. death Of CONTR,8:C1'OWi'cmpIoYees; 5.4.3. claims for daimiges because of bodily injury, sickness or disease, or death of any. pemn other than CONTRACTOR's employees; 5,4A,- olir ims4or- damages -insured -h ZZ� C-01i 1� R 5AS' claims for damages, othi:r than to the Work 'itself because of injury to or destnuction of tangible, & '-�y wh&mcr located, including hiss 'of use [XItingtherefrom-'and 5.4.6. claims for damages because of bodily injury or death of 'an*), p�sma-o'r property damage arising out "of the Ownership, maintenance or use of my motor vehicle: The policies of insum me.so required by this paragraph 5.4 to be purchitmd and maintained shall: 5.4.7. with U, 54.10, include 06ritractual liability insurance covering ccNTkAcTbR's indemnity obligations under ,mgmphs6.12;6.16mid,6,31.*twh6,33; 5.4.11. 'contain a provision or endormirmint that the coverage ifforded will not be cancelled, materially changed a renewal refused until at least-thiny days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Suolplimicritary"Coriditiams to'whom a certificate of insurance has been'issitied (and'dre certificates of insurance furnished 'by'.the CONTRACTOR pursuant to paragraph 5.3.2 will so 5.4.12. remain in cff&t at least until final payment and at all timesthereafter When CONTRACTOR -a ra" be correcting. removing Or replacing ckfeclivv Wa- in accordance With paragraph 13.12; and in a certificate of insurance has b smistlictory to OWNER and d insured if wrairivation of suct payment and one year tF;crmftc.r)- ORIAER'sLiabifitylnsurance.- 5.5. In addition to insurance required to be provided by CONTRACTOR order pamgmph 5.4.. OWNER at OWNER's option, may purchase and maintain at OWNER's e:*nse OWNER's own liability -insurance as Will protect OWNER against claiinswhich'inayarise from operations ianderthe.ConanictDocumcrim Property Inwrance guppkmentwy--.G4ro6�7or7fequired-required , �a%y&-and Regulations)-This,insumnoo-shall: liability), OWNM ENGINEER. INGINEER's -5..6-1-inciude--the---iiderests--of --- QWNSR-. Ccnsulmnu, and any other persons or entities identified CONTRAGTOP, Sub -am in the Supplementary Conditions, all of whonn shall be ENG -urdQnwition�, lisled as additional insureds, and include coverage for entities-iddrAifwd-in4ho4tippid,n� the respective afficers 'an d e m'ploy&i of all such eachoPwhomis-decraed additional insureds: 5.4.8. include the specific covers cs and be: written ffir not less the limits of liability provided inure. (PeFin -hm Usas41. ass pe, 0) I I - . . 1. C- Supp lemerdary- cinditions-,or required bylaws-cir . i;iie HS F' F' ----e P� Rego twitim'S, whichever is greater, 5.4.9. include campleted operations insurance; the fellow ng-penls=Fw&-40tning- , WCDCOENikAl, C6NINIT161-Z 010:8 (100 EdtiM) AlCiTY OF FORT WL11rSMODIFICATIONS OLEV412DOO) 10 0 Felimited-is—teen-ate'.— �Mem Ony-�Mll!± t-not -- - .. 56 4 -to4nAwriti by n the M76 =ot-mwh-matwZ=ent-h"� bl�, R - M did H I" AAS be M., at ft—by hm-.— ..m ne' hm bem km,.d 0 oily ingwen6a am s 5A 4 ee 'Chang tiev-6inendmek. Prig to 10 v&vc(j*"'CONDII,lO--M 1910-3 (19 " Editim) wi aTy oFFop-T o0 wr4§ mobtricATiom (REv4/2000) E 1.. .2. h- 11;l 5A EM. im due te b beyond—dirty—physical—loss-&—damage:4o WgR, em age --to ln- pletod FM ftom-&e 7-- -1 p.aiaomph44AO,ft�—SubAantio-Cmpk-fim ursuant lop ph 14.13. an., siffiflus pohw MA'Al Certification requirement for procurement of buses, other rolling stock and associated equipment Certificate of Compliance with 49 U.S.C. 53236)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date Signature Company Name Title Certificate of Non -Compliance with 49 U.S.C. 5323&)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230X2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 CFR 661.7. Date Signature PART 1 - Company Name PART 2- Title • 0 recover -age vat-any-of-GONd'-FdtGl',9F�Subcoilvnctors, Receipt andAppilcadon,oflnsarance Proceer6-: 5.12. Any 'insured loss under the policies ofinsurance ,required by paragaphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the uisuredsas their interests inay appear, subject to the requirements af`any`:applicable mortgage clause and of paragraph S. 13.OWNER shall deposit in 'a separate; .account any money so received and shall distribute it in .accordance with such agreement as thepartiesin interest .may reach If no other specialagreement is reached the 'damaged Work shill be repaired Or replaced the moneys sea received, applied on acequnt thereof und,the Work and the oast thereof covered by an appropriate Change Order or Written Amendment. .Acceptance of Bondy and insurance; Option toRipiace: Partial. Ulibmnon-Property Insurance: 5.15. If OWNER finds,it necessary to acetify or user portion or pottiorp of the Work prior to Substantial EKOC GENERAL COM1116t.5191" (IM E6nhn) vc:tTY OF F00.T NLUt4x1,10I FICATIONS (FSV4RaUe) 'all the Work such use or ocyupapcy'may hed in accordance with paragraph 14.Ia. no such use oroccuoanncv shall commence providing the property' insmanc endorsementon the policy or poll insurance shall not be' cancelled or account of any such partial use or oc ARTICLE 6-CONTRACTOR'S 'RESPONsiilruTIIS Supenision and Superintendenee: 6.1. CONTRACTOR shall asupervisc, .inspect and direct thc�Work competently and efficiently, devoting such attention thereto avid applying "such skills .and expertise as may be necessary to perform- the Wotk in accordance, .with the. 'Contract Documents, CONTRACTOR shall be solely responsible for the meant; methods,. techniques, .sequences and procedures of coma ntetign,but CONTRACTOR shall not bi nespornsible for the negligence of others in the design or specification of a specific means, method, technique; sequence or procedure of construction.which is shown or indicated in an,d .expressly required. by the. Contract Documents. CONTRACTOR shall be resporaihle-'to sec that the completed Workcompliesaca mtcly with the.Contract 62 CONTRACTOR shall keep on the Work at all times during is pragress a competent resident superintendent, who shill not'be replaced without written nonce 'to. OWNER and ENGINEER except under o aurdinary circumstances. - The superintendent' will be CONTRACTOR's representative et'the site and shalt have authorityto net on behalf of -.CONTRACTOR All communications to the sukintendent shall be as binding as given to CONTRACTOR Labor, Afateriafs and Equipment 6.3. CONTRACTOR shall provide comp .suitably qualified pe_rsbnnel to survey; .lay lout construct -the Work ,as required, by the ;Co Documents. CONTRACTOR shall el'afi times mi good discippfine and order at the site. Except as othe required for..the safety. or protection. of persons.,c Work or property at the site or adjacent thereto except as otherwise indicatedin the Contract Decor all Work at .the site 'shall be performed during workir R? hours mid. CONTRACTOwill ''not overtime work or the px formernce of Work on S Sunday o any legal holiday without OWNpvs and I 0 • 6:4. Unless in otherwise specified the. General R4iromeiits,.CONTRACTOR shall hanish and assrme lull respomibihty .for all matcriak equipment, labor, tmmportaticr4 construction equipment and machinery, - tapphaivx.-,fuel, power, light, heat, telephone,. water, sats;itary famhties, 'tempomry facilities and all other facilitiesand incidentals necessary for the furnishing. perf unnimce: testing; start-up and completion of the Work. 6A 1. Purcfrasim: Reslrsctiom: .CONTRACTOR must conioly with the"Citv's oumhasinn restrictions- A .copy of the resolutions am available forreviewin the offices of the Purchasing. erd Risk Marwgement Division or the City .Clerk's oflicc: 64.2. .Cement Restrictiore: City,of Fort Collins :Resolution 91-121 ro uires that str tiers and - raluais of cCmcnGor products containing cement to certi _i t' the cement was not made in cement kilns that bum hazardous waste as a fuel 6:5. All materials and equipment .shall be of good quality'�and now, except as otherwise priMded in the as :Progr=Schedule: • 6.6. CONTRACTOR, shall adierc .to the progress schedule established in accordance with. paragraph 2.9 as it: may. be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the: extent indicated `in, pmrgreph2.9) proposed adjustments in the progress. schedule that;will imt change tho Contract Times (or Milesiones). Such adjustments will conform generally to the Progress schedulethen in effect and additionally will. comply with any provistora '.of the Gerieml Requirements applicable thereto'. 6.62. Proposed edjusunents in the,progress schedule, that -will,clainge the Contract Times (or Milestones) shell be submitted in accordance with the requirements: of 'paragraph 12. 1. Such adjustments may only .he made by a Change Order a Written Amendment in acc&dancewrtfi Article 12. ,6.7. SSbstimtesand"Or-Equal"Item: 6.7.1. .Whenever an itern of material or equipment is, specified or describot in the Contract Documents by tningthe mme oC a proprietary item or the name 6fa parnculai;Su}ipliei; the.specrfication.or desorption is intended to establish the type,, function and quality required. Unless, the speci66tian, or description EICDC9PMtAL CANDITt0M 19108 n99oS6tim). 12' w/crnostoaitbtuNSMODirICATIOdS(ttgv4a000) 0 contains or is followed by. woi& reading that no like: equivalent or "or -equal" item or no subsl'aution is petmitled, other'herrs oGmatcial-or equipment or material or equipment. of -other Suppliers may be accepted by E.NGBMER under the 'following ctrcumilenoes: by;the resulting" change, all of which will be comidered. by ENGINEER. in evaluating the osal substitute.. ENGINEER may =0 RACTOR-to furnish additional ite1..bail .theproposed substitute. .. - . 6.7.1.3. CON7RACTOR's@xpenw: All data to'be provided by CONTRACTOR in support of any proposed "or -equal' or substitute item will be at CONTRAC'TOR's expense. (n CONTRACTOR to .furnish at .expense a special performanrce.; surcty with respoct to'any. "orvc ENGINEER wat record ti or subnhated by paphs'6.7.1 2and in the Contract All OWNER for the charges of ENGINEER and ENGTNEER's Cunsultanu for evaluating each such proposed substitute item. 6.8. Concerning Suhcontradas, Suppliers and ,01hers: 6.8.1. zCONTRACTOR shall not employ., any Subtonuaclor. Suppler or other,person or organn�atiah '(including those arceplable to OWNER and ENGINEER as indicated in paragraph 6.8.21-whether initially, or as a substitute. against whom OWNER or to furnish a. pedoini airy of the Work against who CONTRACTOR has reasonable oojectio &CDC GENERAL C01,6I'f16N319t0-8 (1990 UHM) Q w9TY OF FORT 6oLL1tisb10DmcATi6NS (tEV 4rL000) CONTRACTOR -shall Qeerffoim not less "than 2U percentof the Work with its own Corces (that is' without subwntractin¢1 The percent re?gment ' Dhall be understood to re[a to'the Waak the value of which totals not less (ban 20 Rprcerd of the Contract Price. 6.9. 6.9.1. CONTRACTOR shall be MY responsible to CONTRACTOR just as :CONTRACTOR is responsible for CONTRACTOR's� own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such, Subcontractor. Supplies or other person .or aganvation my contractual relationship -between'OWNER or ENGINEER and any; such Subcontractor. Supplier or other pawnor organvatiort nor shall it create any oblipticb, on the. part of OWNER or`ENGINTEER to pay or to see to the payment of any money's due any such Subcontractor; Supplier or .other person or organization except a.a may. otherwise_ Ix required by 13 0 A 6.9.2: CONTRACTOR shall be solely responsible Per/nits: 'fa scheduling ',and coordinating the Worl of Subwnuactas, Suppliers and :other persorrs and. 6.13.., Unless otherwise provided in through 6:10. The divisions land sectionsof the Specification's and the ;idenuficahons of any Drawings shall not control CONTRACTOR in dividing _'the. Work �amonv; Subcontractors a Suppliers or delineating the Work to he performed by any specific trade. •Patent Feesaid Rittuldev 612. CONTRACTOR shall pay all license fees and royalties and assume. all costs incident to the use.m the or the and damages arising out of or'iesulling from any ;emeN-of patent rights or copyrights incident to the the performance of the Woik or resulting from the- wation in the Work of any ,invention design, s. niadiet or device not m6cdied in the Contract. EkDCOEN ALWMII6M 19104(1900Edtim) 14 W CITY OF FORT obw m Mouitri Iiolesc EV 4R000) ox•ners tor; capital costs related. thereto -such as,plant investment fees. 6.14. l awiaad ftpiladons: .6.14.I.:CbNfRACTOR shall givenll notices .and comply with all Laws ;and Regulations applicable to furnishing and perform1.ance of the'Work Except where ithemi.se.,axp`ressly required by spplicabie haws .and Regulatiods;` neither OWNER nor ENGINEER still be responsible tar monitoring CONTRACTOR's'compliance with .any Laws or Regulations. 6.W.2. Tf CONTRACTOR performsany , Work knowing or Imeimg reason to'know.thai it is contrary to laws or Rcrnda wuor¢:CONTRACTOR shall bear make Taxes 6.15. CONTRACTOR slmWpay;all sales, co iptmer, use and albs similar taxes, requ to :be. paid by CONTRACTOR in accordance -with Abe Laws.,and Regulations :of -the place of the Project -which are applicable duifrg the perlmmance'of the*oil,. 6.15;1. OWNER is exempt: fiom'Colorado. Slam and local sales and use •taxes on materials to be permanently incorporated into the project. Said taxes -shall not be included in the Contact Price. Address' :Colorado Department of Revenue :Sam Camml Annex t 375.Sherimm Street Denver. Colorado. 80261 .Sales and Use Taxes f(r the ,Staleof Colonido Rmional Transportation District (RTD) and cenain Colorado -counties are collected by the Smite of olomdo and are included in the Certification o! Exemption: All no olimble Sales -and Ilse Taxes (includine State :collected taxes). on any: items biker titan construction and buildirm materials ofivsicaly incoiuomted into the rp�n'ect are to hepaid by CONTRACTOR and are to be mcluded in eoaoaiate bid items. 6.19. CONTRACTOR shall mniutain in a`mfeplaw at the site one record copy -of all Drawings, Specifications, Addenda, Written. Amendments,, Change?Orders, Work Change. Diieclives. Field 'Orderer arid' written interpretations end clarifiwlions (issual Purnrent to paragtapn9.4) ingood order and annotated to show all changes, made during_ eonsUuctton These record documents together with till approved 'Samples and e counterpart of all approved Shop Drawings will be available to ENGINEER for reference. completion of the Work, and prior to release of finallPai l paymenl, these .record domments, Samples aid She Drawings will be delivered to ENGINEER for OWNHR. Safety and Protection: Use ofPremises: 6.20. CONTRACTOR shall -be. respwisiblc for 6.16.. CONTRACTOR, shall confinecorrtatuction initiating maintaining .and supervising .all safety equipment; -the storage of materials and equipment and the precautions. and programs m'.camectton with the We&. ooppaaaa[iom of f -workers to the site and land'and areas CONCRAC70R..shall take all rnecrSgary precautions for idantifial in and permitted by the Contract Ibcunrents end, the safety oC and shell provide ticnecessary (rotection to a}ier land end areas perrnrtted by. I.aus endRegulations, prevent damage; injury or lass to: other materials or adjacent land or areas, m%Ui to Work. Should any claim r poi commint because of and or to the extent mused by or performance of the Work. ,6.17. During the progress of the Work, CONTRACTOR shall.keep the premises lice from accumulationsof waste materials. rubbish and other debris resulting from the WaV- At the completion of the Work CONTRACTOR shall remove all waste materials; rubbish and debris, from land ,abo'iit the p}ermses as well ii `all tools; appliances, construction equipment -and machinery and surplus materials. CONTRACTOR shall leave.the site clean and ready' for occupancy by OWNER at Substantial ".Completion of the Won:. CONTRACTOR. shall restore to original condition all property not designated toralteration by the Contract Documents. 6.18. CONTRACTOR shall nor loud nor permit any pan of an}•.:st ucture to be leaded in any manner that will endanger dndslructure, nor shall CONTRACTOR subject .any: part oC the Wo i, adjacent property to'stresses 'or ressures fthat will "eridaiiga a. Record Documents: iXDCOENERAL CONDITIONS 1910-8 (1990 Edtim) aiQTY OF NOIiT cDLIuiS MUDMCAn6?is0ILV 4lt000) 6.20.1.-all persons on Work site orwhomay be affected by the Work,; 6.20.2..611 the Work and materials and equipment to be:incorpofated therein. whether in staagd on or off the site; and 6.20.3. other. property at the site or adjacent thereto, including trees, shrubs, lawn; walks, pa4emcnt3 .roadways, structures: utilities and Underground Pacilities'not designated for, removal, relocation of replacement in the course of construction. the loss t( 6203. for and not attributable, directly or indirectly. in whole or in part, to the faultornegligence of CONTRACTOR or any Subcontractor. Supplier or other person or, organization directly or uulirectly employed by any of diem). CONTRACTOR's duties and responsbilittics for the safety and protection of the Work shall continue until such time es oll the Work_is.completedernd ENGINEER hasissued a 15 0 0 • 0 ndice'to OWNER and CONTRACTOR in scooidance- with paragraph 14:13 that the Work is acceptable'(except es otherwise expressly ;provided in connection .with Sab9mmtal'CompICnon). ;631. Safety Represenra6e: CONTRACTOR 'shall designate•, a gunfified and experienced safety representative at the site, whose duties and ics' m'—ib011iw shall be the prevention of accidaNs end the mamwvlmg and siipervtsvig of safety precautions anil programs Hawd Commanimtion Programs 6.22, CONTRACTOR shall be responsible for coordinating arty exchange of material safety data sheets or .other haiard communication information required'to be made available- to or exchanged between or amongg. employers at the site in accordance with laws or Regulattlars . Fi ergiaclec 6.24.. Shop,Drawingsandsamples: on to dpmeiil CONTRACTOR proposes to enable ENGINEER to review the -the limited purposes ;required by 6.242,CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said scoepied schedule of. Shop: Drawings and 'Sample. submittals. 'Each Sample""will :be. idemilied clearly as,to material, -Supplier, putimm data "such as catalog' numbers,aiid the,use.(orwhich iritehded'arid otherwise_ as. ENGINEER may require, to enable. ENGINEER to review the submittal for the limited. EJCDCOENERN. CONDITIONS 1910-9(1990Edtim)_ 16 aJ CITY OF FORT COW15 MODIFICATIONS (REV /2000) purposes required by pamgnph6.26'. The numbers oC each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each ..Strop Drawing 6r Sample.,CONTRACTOR sfall.bave determined and verified: 625.1.1. all field measurements, quantities, dvnensions, specified m, ormance co requaemterie; rnCelletion. ems; materials, catalog numbersandsimilar information with respect thereto, 6.25.1.2. all materials withYc}pal to'intended use, fabrication; sJupp{{n.ng; handbag, M.assembly .and �installetion .pertaining .to [he performance of the Wort, and -- 6,25.1.3. all information relative to, CONTRACTOR's sole responsibilities in respect of means, methods,techniques; sequences and procedures of construction and safety precautions and programs incident thereto. 'CONTRACTOR 'shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings Viand Samples and 'with le requirements -of the Work end the `Contract Documents. 6.25.2.:Each.submitud will bear stamp or specific -wriuch indication that CONTRACTOR has satisfied CONTRACTOR's-obligations under, the Contract D6curnents with respect to CONTRACTOR's review and approval of tbut submrttaT 6. ENGINEER will review and Approve -Shop :, rm sand Samples in accordance with5haschedule of p Drawings and Sample submitials incepted.by oration in the Wok conform to the information in the Contract Documents and be compatible with esign concept of 'lie completed project as a aaria 41hole as indicated'' 65 the Contract morns,• method, technique, sequence or -procedure of the and expressly called, for by the safety frecauhons or programs ew and approval of a separate n and approval. ion in writing to plied for by 6.27. ENGINEER'S review and approval of Shop Drawings or Samplcs�shdl not relieve CONTRACTOR from responsibility for any.varfation from the requirements As such 6,28. Where a Shop. Drawing or Sample is,required 'by the Contract Documents or the schedule of Shop Drawing, and Sample. submissions o1cla��k by ENGINEER 'as requirecl .by parograp} 2.9. anyted perfonneG 'prior w ENGINEER'S reviewprovsubmittalmllbeatthe soleand rretbrlrry of 'CONTRACTOR' Continuing the Wod'. 629 CONTRACTOR, shall catt-ry on the Work and adhere to tlic pr*iss schedule.thr,ing all .disputes or 'disagreements with OWNER. No Work shall be delayedor poslponecl pending resolution ;of any .disputes,' or disagreements, except as permitted by paragraph 15.5 a as OWNER CONTRACTOR may otherwise agree tin writing. 6,30. CONT/LICTOR's General Narsuntp and Gaardatee: 6.30.I:CONTRACTOR warrants and. guaranteesto OWNER. ENGINEER and ENGINEER'S Cciremltants that all Work will be in accordance with the Contract Docutacros fend Will riot' be-defecfive. ,CONTRACTOR'S warranty and guarantee heretualer excludes defects or damage caused by: 6.30.1.1. .abuse; modification or .improper mamt nce or operation by person's other than CONTRACTOR'Subcaitractors or Suppliers; or 6.30d:2. normal wear and tear under normal usage.: 6.30.2. CONTRACTOR's obligation to perform arid, complete the Work in accnedance with the Contract. Documents shall be absolute. None of the following will constitute�an acceptance of Work, that is not in WCDCOENERAL CONDITIONS 1910E (1990 Edtka) wICJN Of FORT WLLINS MODIFICA77(iN5 0(6V 4/2000) accordance with the Contract Documents or "a release of CONTRACTOR'S obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2 2: recommendation of progress or final payment by ENGINEER; 6.30.2.3. the issuance of a censcatc of ,Substantial 'Completion w any payment by OWNER to CONTRACTOR raider -the Contract Documents;. 6.30.2.4. use or occupancy of the )York or any On thereof by OWNER; 6.30.2.5. anv',acceptanoc by^OWNER or any failure to do SO: 6.30.2.6: any review and approval of s Shop I)swing or Sample subirinal or the, issuance of a .notice of acceptability Ey ENGINEER peam to paragraph 14.13; 6.30.2.7. any inspection, test or approval by ,others; or 6.30.2.8' any.correctionof dlefective Work by OWNER. Inden ificadon: 631. To-the"fullestcxtent permitted by laws Regulations, -:CONTRACTOR shall indemnify and harmless 1OWNER. ENG24MK INGM Consultants and the officers, dinxtors,'employcis; s, and other consultants of each and any of them froir agai nst,oll claims, costs, losses and damages.(inclu but nrou limited to, all fees and charges.'ofemga architects, attorneys and other'professionals and all. or arbitration or other dispute resolution costs) cause arising out ofor resulting, from the performance o Work, provided that any such claim, cost; loss or clan () is attributable 'tobodily injury, sickness. Area: death or to :.injury to or destruction of ,tangible pro (other than the Work i6e1Q.,'including. the loss-o: resulting,therefrom, and (d) is caused in whole or.ir by any negligent act or omission of CONTRACTOR Subcontractor, any Supplier, any person or orgartiz i irectly on nditectly employed by any of them -to pej or famish any of the Wort: or arryone. forwhose act of them may be liable, regandless of whether or not a in part by anynegligence or omission of a person or t indemnified heieundEr-or whither'liabilily is imi upon such indemnified party by I:ews and Regiih regardless of the negligence of any Such person or ent or Pon 6.321 In arty and all claims against OWNER or ENGINEER or any of their respective consuhants, agents; officers directorsor employees by any employee (or the survivor or personal representative of Such employee) of CONTRACTOR arty Subcontractor, my Supplier. erry person or organization directly or indirectly employed by 17 0 any of them to perform or furnish -airy of the Work or anyori,fm whose: setsanyof than may be: liable., the 'indemnification obligation under patagreph6,31 shall not be limited in any way by any limitation on the amount or type of damages, cornpernatlon:or" benefits payable_ by or fro CONTRACTOR or.any such Subconaactor, Supplier or rilhez person ororniiatton under workers ,compensation -acts, disability benefit eds or other employee benefit sets. 6.33. The 'indemnification obligaitons ;of 'CONTRACTOR under paragraph 6.31-slat not extend to 11re bebility of ENGINEER and ENGINEER'S Consultants, 'officers, directors, -employees or',agents caused by the professional negligence,crrors or omissions of any of them. Sumigal.of f7bhgadoax 634. All r cmnmtion indemnification, warrantics ' and guamnlecs made: in, required by or given in eocordance with the Contract Documents, as well. as all continuing obligations indicated in the Contract Decumemr, will survive' final payment, iiompleuoh and accepimice; of the'. Work aril termination or completion of the Agreement. ARTICLE 7—OTHER WORK •Related ..WmA nr Site If • perform other work related to the OWNER'S own forcaa,xix lit other :for which shall contain General here. or have other work oerfonmed any may I and 72. CONTRACTOR shall afiortl each other contractor who is a party ,to such's duect.cwaract.andeach utility owner (and OWNER if OWNER is performing the additional work with OWNERS employces)_.proper and do all cutft littinp and, patching of provisionvloi the benefit of CONTRACTOR in -said direct contracts -between OWNER: and w6hl utility owrrcri and other contractors: 7.3. If:lhe proper execution or results of any. part of propa.lor unegauon wren wrvttcnt;t except for latent or nompparent defects and in such ather'work. Coordlaarioa: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site,; the followingwill tic set Catli:in5iippiemmtery Condnionu: 7.4.1. the person, firnior corporation who will, have authority .and responsibility Im—coordination of the activities among the various,prime contractors will be identified;. 7.4.2. the.specific matters to,.be covered by such authority and responiibility;will be itemized; and 7A.3. the, extent of ;such authority and msponsibili6 s will, be provided Ifnl= otherwise provided in the Supplementary Conditions,. OWNER shall have sole .authority :and responsibility in respect of such coordination ARTICLE 9—OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided,in these Genual Condhione,'OWNER shall issuc:all communications to CONTRACTOR througkENGINEER... _......_ 6.2: In case of termination of the employment. of PSIGINEM OWNER shall appointun erigineer against wFrem-GONTR-AC—T-0R-makerna-reasoriabk�bjeelron; whose status:under the,Commet Documents shall be that of the former ENGINEER: 0: OWNER shall furnish :the data .required of OWNER U1XIa the Contract Docuinenis'pomptly� and shall make payments to CONTRACTOR promptly when they' are:due as provided in paragraphs 14.4.and 14:13:. shelf not endatigefany work of others by SA. OWNER's duties in respect of providing lands g or othenvtse"`slieri g their work :and and easements and' providing engineering sury to ter their work with the written consent of eslablis}i'reCererice ppoomk_are set Ton} in'paniga 4.1 the others whose'work will be afrected and 4.4. Paragraph4.2 refas to OWNERS identifying Trbdiues ex of CONTRACTOR-urkler .and maki ' 'svmp lable to CONTRACTOR 'co ies of fof the brnefit of such utility owners arid- ieports of explorations and tests of subsurface coridnions to the extent that dire area comparable at the site and drawings of physical conditions in existing lirCOCOENFRM. COND1TIOrS 1910-8 (1990 Bd(im), Ig w/CITY OFFORT OOL.INS MODIRCATIONS(REV4R000) 0 'strictures a[ or Contiguous to, the site that have been utilized that has been made and tl by ENGINEER in prepare the Contract Documents. of CONTRACTOR's e inCwmation.obtained duri _ .. ENGINEER will endeave .. ... ': ...... .: .. .. ...ccordance deleaninc. in general. i forhirt'pvegraphs4-5-itirdig)i-s-10,' with the Cott will not be required to me '8.6. OWNER is obligated to execute Change Orders as sift inspections,to check indicated in paragraph 10A. Work. 'ENGINEER's e .. - ... providing for OWNER a &7, OWNER's .responsibility in respect. of eeitain the completed Work w inspedioris, tests' and approvals is set -:forth' in Contract Documents. On paragraph 13.4. 'site observations, ENG ` mfamed of the progress c 8.8. In umnectirm with OWNER's right. to stop Work or guard OWNER against e su+pcnd Work,' see paNAip]is 13.10 and 15.1. visits. and on -site ohscr Patxgaph 15.2 'deals with OWNER's riAt. io terminste limitations on,HNGINEE servledsofCONTRACTOR under owtaineucumstances. tit forth in ppaaragraph 9.'l limitation duringor as a '8.9. The OWNER shall not;supervise, director have visits a ohscrvations. it thereto. or for 'any, failure of to comply with lags and Regulations furnishing or perfomrance of the Work, t, be responsible 'for CONfRACTOR's or furnish the Work in accordance with SIA tY--in-repeat of --undisclosed limp, _M-- t-Hte�itctis 9n\iTD AnTl,U•L _I.I..rT�.M:: O I '..1 arrurlgeinaits—have-liens=made-.t_o-satisfy-OWNER's. responsibility-urrespeoi-thetmf-wig-6e=asset-font-iti-the Sup@leaientary-C,oiidki©rss- ,ARTICLE 9-FNGiNEFR'S STATUS DURING CONSTRUCTION L )YNER's Representative: 9.1. ENGINEER will be OWNER's representative ttutduricorvstnetion Period. The. duties and ;ues and the bmluitlons •of authority of ENGINEER as OWNER's representative during, construction, we sel,forth inthe Creamer Documents and shall nor 6e'eitend_ed'without writtenconseot of.OWNC'R acid ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals x - jprr��ate to ilic various stagesoria of irrction .as ENppGINEER deemsnecessary in ordenio observeas an experienced and qualified desrgnprollmional the progress OCDCOENEiAL COKiiTl6m l9lo-e (199a E(itko) w(C1TY OF FORT CDLUtS MODIRCATIONSOMV 4120oo) udity a quantity of the All be directed toward degree of confidence that rf= generally to ..the srs,of wdl Yalta "s'nid'on- will kee OWNER fork and will endeavor io e Work. ENGINEER's arc subject to;all the morilpand responsibility particularlyy, but without of ENGINEER's on -sire :ONTRACfOWs Work dimes. control or have authority over or be responsible for CONfRACTOR's means, methods, techniques, vequcnces or procedums of construction, or the safety precautions -and. programs incident thereto, or for any;failum of CONTRACTOR to comply with Laws and .RegWatiore ,applicable to .the Project Representative: 9.3:1. The :Representatives sloe' s 'in matters pertaining to the on site work will, in general, be with the ENGINEER and CONTRACTOR But, the R eseNative will keep the OWNER prrcp "advised about such matters. The Repirmentative's denIM with subcontractors will only be through or w_th Chia Cull krcwledge end .epjiruval of the CONTRACTOR .932 Duties and. ReDponsibililies. Rcpresartative W 1: .9.3.2.I.Schedules - Review the progress 19. n U • 0 schedule:�nnd aherwfiedules mepmed by the CONTRACTOR . a consult with .the ENGINEER concerning acceptability. 9.3.2.2.-Confercoccs -and Mccline _ .Attend, meeting with the "CONTRACTOR. such m picconstruction conferenms: moires meeting, end other iob conferences .and .prepare .and, circulate copies of mmutesofineetiMS ' 93.2.3.Liaison, 9:3.2.3.1: Serve' as FNGINF FtR'S. liaison with CONTRACTOR waking ndwipally through CONTRACTOR'S superintendent to asistthe CON'IRACfOR in understindin¢ the Contract Documents. 9.3:2.32. Assist'inobtaininghomIOWNER adcitiorel details or mformmiort when reouired, for proper executionnof the Wort:: 9.3.2:3.3. Advise the b'NOINEER and CONTRACTOR of the mmmen emc t of any Work requiririg'a SFap'£ruft or semnle submimion iftbe suhmission has not, licrn approved by the FNGRVEER. 9.3.2.4.Revi6v of Work.'Reje_cum of Defeelive Work: Incpcctions and Tests 0.3.2.4.1._ Conduct on -site observations of the Mork: irl oroeres to -resist 4he ENGINEER. in dctcrminirryi that the :Work'is proceeding in .accordance with the Contract Documents • 9.3.2._4.3. Accompany visitlriar ecloR representing public or other:apencies havme. itoisdiction overthe Project record the results" of these inspections and report to the ENGINEER. .- .._ ". . 9325. Interpretation of Comma Documems. Reoml to ENGINEER when clarifications and mt all tatioms of the Comma Documents are needean Uensmil to FRACTOR clarification and-mtemretation of the Contrsd.Dcicuments'tasimueil bv'the- ENGINEER 9.3.36 Modifications Consider. end. evaluate : CONTRACTOR'S suggestions fm F.I000Oh'NEItAI: COND7T101^61910.s (199p EAtim) 20 wI CITYOFFORTWLUMMOI)IFICATIO,'M(PXV4/lell(Q 0 Moditicmian in Dmwinph or Specifications and report .these recommenrhttions to. ENGINEER: mptely msnsmit to CONTRACTOR 'decisions usueil bv,the ENGINEER ,9.3.2.7, Recoids. 9.:32.8.1, Fumisk. ENGINGER periodic TeD6ft&asjequire od. f the progress of the -Rork_. and. Hof the CONTRACIFOR'S Compliance with the. pdoam %tKdule.end :rL le of shoo Dmwing and sample 'submittnls., 9.32.8.2. .Consult, with EN(HhTL•ER ip advance of scheduling maim tests. inscecdops or. start of importam phases oft Work. 19.3.2,8:3: Dmft^proposed Charm -Orders and Wak RT—!ee Changes obminiiig hrckup material from the -CONTRACTOR �xnd 'ecammend to ENGINEER .Change 9idem Work IMeetive Charities end field ceders 93.2.8.4.. Report immediately. to ENGINEER §ad OWNER the occurrence -of any accident. 9.3.2.9. Pevmem Requests Review applications fm pay'mm with CONTRACTOR fa-nmmpliance -with - the established mocedum for thou .submimion and forward with recommerdntion to • Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of 'Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20. Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, at seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING PART 3- Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) PART 4- The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of • ENGINEER. noting Particularly the relationship of requirements -of the -Contract Doe ments (in the payment requested to the schedule oC values Thawing otheitvise) as ENGINEER me wort: completed and materials and equipment necessary, which shall be consistent with the.i delivered at the site but not uicorooro m the reasonably inferable from the Contract Docur Wyk - - - written clan fiwlioru and interpretations will b OWNER :and CONTRACTOR If. C 9.3.2:10, Comdeficn. CONTRACTOR believes that a -written cla interpretation justifies an adjustment in the 9.3.2.10.1. Eefore ENGINEER issues a or the Contract Times and the parties we urns Certificate of Substantial-Completion=submit to ther amount or extent thereof, if am. 1o:CONPRACTOR -a list of observed$ems CONTRACTOR may 'make-a,writtgm clan reuuirinecorrectionorcompletion prodidedin Article ll orArticlel2. 9.3.2.10.2. Conduct _final_inspccion N the M=the F:NGINEF.R. OWNER end OR and pictore a limit list of items to be coaeacd or completed. 932T03 Observe that all items on the, final list hive.been corrected or completed and make recommendations to _ENGINEER concerning aceepmnce -933. I.mmimtion of Authority: The Representative shall not: 9.33.1. Authorize .anydeviations: from the Contract rXKumentsor accept my substitutC materials r equ pjnML _unless authorized by the.. ENGINEER. 9332 Exceed--limimdom of ENGINEER5 authority as set forth in Ilse Contact Documents 9333: Undcrtakc.any of tEa raspomiMliues of the CONTRACTOR Subcontractors ,or CONTRAUDK5_s1ip.4fi M, deDI 9 3 3 4 Advise o or issue directions relative" to or,assume control over anv:mmect of the. means. methods, techniques scouenees or iiiocedures for construction unless such is Vccificallv called for m the Contract I)M=enm: 9.3.3.5. .Advise on or issue directions+ regarding or assume control over stet pierautions and pmfTams can corn Uws with the Work... 933.6. Accpt .Shoo Drawings or_sample submittals -from anvone other 'than the CONTRACTOR 9.33.7. Authorize OWNER to occupy the .Work in whole or in part. 9:3.3.8. PsRicioate N soecmalized - field or laborutoryaests or inspections conducted by others except as spmifi®Ily - authorized by the ENGINEER Clarifications and Inrerprelations 19.4. ENGINEER will issue.with reasonable pronpiress such written clarifications a interpremtions of the FJCDC OENEtAL 00N'DI 6t1S 1910,8 0990 E6tico) wt6 ry OF FORT WLLiI s moDtiiCAT10N5OtEV 42000) Authorised -Variations in Monk: gFF,R•may authorize minor variations -in nit the requirements of the ICcmtiact dch do not involvc,an ad�ustmcm'in the or the -Ponied Times and = compatible n concept of the. completed Project as -.a ,hole as indicated by the' Contract use may be accomplished hye Field Order binding on :OWNER and also on ,R who shall perform the Wi rk: mi voked WNFR or CONTRACTOR believes that a fifics an adjustment in the Contract Trice or Imes and the, parties are unable to agree az mi or extern thereof, OWNER. or ,Rmay make a -written claim therefor as icle II'ora2. Rejecting Defective, Work. ENGEMSER�will have authority to. disapproveor Work which ENGINEER believes to be defective. ENGINEER believes will not produce a completed t, that conforms tw! c Contract Docutha ments or t rejudice the integrity of the design- cencept of the eted.pro Et a functioning whole as indicated by omract aume,W ENGMEHR wiE'alao' have Sty to require special inspection or testi g`:of the ,as provided in paragraph 13.9. whether or not the shop Drawings, Change:OrdersandPaiments 9.7, In connection with ENGINEER's;authority as to Shop Dmwmngs aml Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with JENGINEER's authority as to Change Orders: see Articles 10, 11, and 12. 9.9. In connection with ENGINEER's.authorily as to Appbmtioirs for Payment, see"Ailicle )4. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price' Wok .performed by CONTRACTOR. ENGINEER will review with WNTRACTOR thc� ENGINEFWs Preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 • 0 0 becim,onsan of the' of the tes and 'ark" or 0 Within the time limits and Procedures set -forth 'in E to the other and to INGMER mhthmi he datc,of such decision and a formal utetfby the'6ppealing pany"in a forum of .lion to 6a:reisesuch rights of iquiedies ifty,mly hive'with respect tosuc,h claim; utter *in accordance with applimble Laws within si)cty days of the date2of such EJCpC9p4ERALCONDITIONS 191"(1990EOtkn), CITY OF FORT COLLINS MODIMCATIONS(MV 4/2000) 0 deeision, unless otherwiseagreed in writing by OWNER and CONTRACTOk 9.13. Limitations on ENGINEER's Authorib, :and ReWndbifides: 1 11 .9.13.2. ENGINEER xvill not surcrvjse, (firoet, owirol or have authority mer er he restionsibiwNr rjor any, ,inii and ling or. It not be Perform contract 9.13.3. ENGINEER will not be responsible fa the acts or oini%ions,of CONTRACTOR or of any Subcontracto r. any Supplier, or of any other persm or 4anizaii , on pertmmirij of furnishing any of the work. determine gencrallyAhat'dicir coment comoics with the requirements of, and in the case of ocirtificates of irlsl)6ctio as. tests arid -approvals that the iesubi cerlifict) indicate .compliance with, the Conthicit Cioeurnonts 9.131.5. The limitations upon authority and responsibility sal forth iri this"pa,r ph"9.13-shall also apply to ENGEQEER's Corisultanls, Resident -Project Represemativc and assistants. ARTICLE 10—CHANGESIN THE WONT: 10.1. Without invalidating the Agreement and without noti6e't0 any'surety. OWNER may; at any time or from time to time, order additions. deletions or rcvisioiai'in the: Work: Such edditicdtsI deletions or revisions, will be authorized by Written Amendment. a Change Order, or a Work Change Directive. Upon receipt of any such, 'document, CON"1'KACTOK shall"proniptly proceed with the Work involved which will be performed under'the applicshlc conditions of the Contiact Documens (except as otherwise spmibcally:providecl). 10.2. If OWNER'and CONTRACTOR are unable to `airee ,as to the eaem, ifany, of an adjustment in the" �Comr'ael Price orIanadjustment of the Contract Times that should be allowed asa. result of a'Work Charge. Directive, 'a claim may be made thereforasprovided in Article d l or Article 12. 10.3; CONTRACTOR s}iall not lie crmtled to nn incrm.w in the Contract Price or an c.iteraicm of the Contract Times with respect to any Work performed that is not retired by the Contract Documents as amended„ modified and supplomoucd as provided in paragraphs 3.5 and'3.6, =crA in the case of an"emergency a's provided in patagmph 6.23 or in. the case of uncovering Work as provided in paragraph 13.9. 10.4.. .OWNF.R,and CONTRACTOR shalt excoute; appropriate Change (Orders recommended by ENGTNEER (or Witten Amendments) covering: .10A.1... changes in the Wort; which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required -because of acceptance of defective ,Work under paragraph13.13 or onrrecting defective Work under pamgmph 13.14• or.(ih)'airmd to. by the parties; 10.4.2. changes in the Coritinct Price or Contract. Times.which are ojgeeil to by the parties; and .10.4.3. changes in the Contract Price'or Contract Tiines'which embody the substanoc of any written decision rendered by ENGINEER ,parsuam to paragraph 9.11; _" provided that, in lieu of executing any such Change Order„ an appeal may' be taken from any such decision in aceadarice with the provisions of the Contract D&Ciaments. and applicable Lawsl.and Regulations, but during any. such appppeeaal;. CONTRACTOR shall carry on the Work and ;adhere to the 'progress 'schedule m ' provided in .paragraph 6.29. 10.5. If notice of arty change affedi%, the gmeml scope of the:Work cr:the provisions of the Contract Documents e1CDC UENEItAL MO Vt'I'IOM 1910-8(1940 edition) .f afy or FORT NLt1ria motmcA n6NS(REV42tge) (rndudug.,but not Gmitai to„Contra t Price or'Contiact Times) is required by the provisiorrs oC airy Bond to be given.toa suretyry, the giving of any such notice will be CONTRACTOlt's. res0ahsibd5ty, and the amuunl of each applicable Bond will be adjusted accordingly,. ARTICLE.II-CHANGEOFCONTRACT PRICE 11.1. The .Contract Price constitutes the total compensation (subject m authona d adjustments) payable to CONTRACTOR for: performtrg the Work. All duties, respnrisibilitics and obligations asai��ned to or undertaken byhcnit Ovinge'ORsCotret Prim. RACTORsepense wtlhout charge iti the Contract Price: 11 2: The;Contmct. Price may only be changed. by.a Change Order or by.a Written Amendment Any claim for an adjustment: in the Contract Price shall be based on written notice delivered by the party making the claim'16 the other nartv.and to ENGINEER pranptly (but.in no or e .claimant `is emitted as a' result of 'arid e of event All claims for.'adjustmenl in,the Price shalt be determined by ENGINEER in e with paragmph9.11 if OWNER and ,CPOR,minot otherwise,agree.,on the;amounl No claim for an adjustment in the Ccrmact be "Ed if not submitted in nocardance with this 11:3: The value of arty Work covered by�a'Charge Order or of eny claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prima coruair" "in'the Cono-act Uocmacnts, by application of such unitprices to the quantities of the items involved (subject to the .provisions of 23 11 0 • • 0 pomigmp64:11.9.1 through I L93, inclusive); 11.3.2..,whete,the Work involvedis not covered by unit prices contained in [be Contract Documents; by:a mutually agreed payment basis, including lump dire (which may include an allowance for.overFiead'and profit not .necessanly ;m accordance. with paragraph 1 L6 2); 11.3.3. where the Work involved is not covered by unit. prices centained in the ;Coiruct Documents and ageerncrt to '!a lump"sum is.not reached under rragrarh 11.3.-2, on the basis of the Cm of the Work et=ihed as provided in paragraphs 11.4 and 11.5) plus.a CONTRACTOR's fee for overhead and profit (dcte mined as provided in pamgraph 1 l.f ). Cost of the Work. 11.4. Thntenn Cost of the Work means thesum of all costs necessarily mcutred and paid by CONTRACTOR in 'the'prdper performance of the Work. Except as otherwise may l%g d to in writing by OWNEK:such costs shall. 6a in amounts no -higher than those prevailing in the locality of the Project,, shall include only the -following items and shall notinclude arry;of the costs iteniimd in' :paragraph' 11.5i 11 A3.,Payments madeby CONTRACTOR to the, Subcontractors for Work performed or furreshed. by Subcontractors. . If required by OWNER, EXDC ok'NER.V. CONDt71O'M I910S,0990 Edition) 24 wI CITY OF FORT COLLI NS M061F7CATIONS it V4MOO) the competitive bids from to OWNER. and manner as CONTRACTOR's and fee as "provided in ,116 and 11.7. All riect to the other'wovisions of 11.14.4. Costs of-specialconsultants (including but not limited to engineers W-6h1tccta testing labomtorie; surieyots, attorneys end accour.a mans) employed for services specifically related to the Wei . 11.4.5. � Supplcmemal costs including the following: The roportion of necessary transportation, travelend subsistence eVenses of CONTRACTOR's cmployms incurred in discharge of duties connected with the Work.- 11A.5.2. Cast, including -transportation and maintenance, of all materials, supp&s, cquipment,, machimxy, appliances, otfim mid temporaryfacilitiesat the site and hand tools not owned by the workers, which arc'eonsumed in performance "of the. Work:and cost Tess market value of such items used but not ocitsnmed'which remain the property of CONTRACTOR 11.4.5.4. Sales; consumer, use or similar taus related to the....Wcik, and for ivluol CONTRACTOR isliable, imposed by Levis end Reguletrons. 11.4.5.5. 'Deposits lost for causes other than nepJ'ge u e of CONTRACTOR;. any Su66ccauraacr or anyone directly or indirectly employed by.any of them or for whose ects'any of them may be liable, mid royalty payments and lees forpermits and licenses. 11.4.5.6. Lasses and damages (and related expenses) carscd by damage Jo the Wart; not comperuated by uuurence or otherwise, sustained by CONTRACTOR in connection with the performance acid Curnishing of the Work (except 11.5.5.. Costs due to the' negligence of :loses and damages widiirtlhe deduchbleamounis CONTRACTOR. any Subciattractor, or anyone of prooppeerty iiisumnce established by OWNER in duectly.or"indirecily anployed,by.an of them or for them be liable, including but aaordance .with paragraph,5.9). provided they whose ads any of may have resulted from .causes other'16n the net limited to, the coheclron'of.ikfectme Work, negligence of CONTRACTOR,. any disposal of-matma oregmpmem wrongly supplied Suboon(rador, a anyone dveclly or indirectly. a making goal any damage toproperty: employed by "any of them or for.whose acts any of them nia)• be liable. Such losses shall include 11 566. Other overhead a general expense costs of `settlements made with thewritten- consem and any kind and the costs of my nen not specifically and ;:epprcvkl of OWNER No such losses; darm s expressly included in paragraph 11.4. and e. p es shall be included in the Cost of the. 'to `Work for the purpose of, determining- 1E6. The CONTRACTOR's fee .allowed CONTRACTOR's fee: IG-however, any such loss CONTRACTOR for overhead and ,profit shall be or damage requires reconstruction and determined as follows, CONTRACTOR is placed'in charge thcreifi " :CONTRACTOR shall be paid for services a fee 11.6.1, a mutuallyaceeptable fixed fec, or proportionate to that stated intniagripii 11.6.2. 11.6,2, if a fixed fee is not egged upon,.. then a fee 11.4.5.7. The cost of utilities; fuel and sanitary based on,the "followingg percentages of the various facilities at the site. portions the Cost of the Work: 11.4.5.8.. Minix expenses such is -telegrams; 11.6.2A. for coils incurred under long distance telephone calls, telephone.service at pamgmphs 11.4.1. and 11.4.2, .the the sic, expressage and similar petty cash items in CONTRACTOR's fee shall be fifteen pacenh" correction with the Work, 11:6.2.21 for costs incurred under 11.4.5.9. Cost of premiums for additional Flotds paingmph 11.4.3, the.CONTRACTOR's fee shall and insurance required because,of changes in'the be five "percent; Work. 11.6.2.3 where one or more tiers of 113. The term Cost of the.Work shall not include any of subcontrsds arc'on the basis of Cost of the Woik :the following: plus a fee avid no'fixed fee is'agreed. upon, the intent of.parngrafts II 4:1; 11.4.2, AL4.3 and I1.5.1. "Payroll .costs and other -compensation of 11.6.2 is that the ",Subcaamctor who acuialty, CONTRACfOWs olEcers, executives principals, (of performs a furnishes the Work at whateva"uei, partnership and sole proprietorships), general managers, will be paid'a fc'c of fifiecn percent of the coils engineers, architects, esfi n itois. ranorncys, auditors, incurred by such Subcomrador.under paragraphs • accountants, purchasing and contracting. 11.4.1 amt 11:4.2 and that .any higher tia ;ugentsC .'expediters,, timekeepers, clerks and other personnel Subcontractor'.ard CONTRACTOR will each be employed by CONTRACTOR whether at the site or in paid.a fee-offvo-Parcent-0f-th nmoum-paid46 CONTRACTOR's principal a a branch office for the-next-lower-tiergub xxameto ,, to be negotiated eeneral administration of the.Work and not saecifical1v m eoQd faith with the OWNER but not to exceed erred to m paragraph 11.4.1 or d byy paragraph 11.4.4-all;oC which d admuustratrve costs covered by the fee. 11.5.2. Expenses of CONTRACTOR's principal and bmrieh offices other thaii..CONTRACTOR's office at the site. -11,53. Any part of CONTRACTOR's capital expenses, viclurfivig ,interest on CONTRACTOR'S capital employ'ed'.Cor the' Work'and ghmges`ageinsl ,CONTRACTOR Cot deli quent payments. 11.5.4. 'Cost of premiums fa all Bonds=and for all msmance"whether or not CONTRACTOR is required by thie Contract Documents topurchase end inainum the same (8u;cpitfir the cast of premiums covered by subparsgmph 1IA5.9 above). EJCDC OENEkAL CONDITIONS 1910-8 (1990 Ediim) w1 pN OF FORT OD W,`S MODIFICATIONS (iEy 412000) 116.2.4. no fee shall be payablem the basis of outs itemized under paragraphs 11.4.4; 11..4.5 and 11.5; 19.6.2.5. the amountof credit to be allowed by CONTRACTOR t6OWNER for may change whudrresults in a net decrease'in cost will teethe amount of the actual net decrease in cost plus a deduction in CONTRACTOR`s fee by an amoiW egtul to five percent ofsuch`net decrease; and 11<6:2.6. when both additions and credits are involved in any one charge, the adjustment in CONTRACTOR's fee shell be comp uted;ori,the basiscof the' net charge in acixxdance with paragraphs 11.6.2.1 through.11.6.2.5, iriclusire 11.7. Whenever the cost of any Work -is to be .25 • Acterrained pursuart to 'parographs1l.4 and IL5.. CONTRACTOR will 'establish and maintain rco" thereof in accordance with generally eompted accounting practices; and submit in form acceptable to ENGINEER an itemized cost brcakdown iciedacr i�ith�'p . punmjdatp. Cash Allonwnms: 11.8. It is understood that CONTRACTOR has included in the Contract Prim all Uowances So named in 'tfii' Contract Documents and'Ut cause the Work so covered t o -b e 'formshed od f6r�such sums 6i may'be .r ble� t 0 NGINFER- CONTRACTOR grc�ftba 11.8.1. the alknvarms include the *cost to CONTRACTOR'(Icss any upplimble trade discounts) of materials and equipment foIaired by the allowinces, to be delivered at the sitc, and all applicable taxes. and 1118.2.CONTRACTOWs costs . for unloading and handlingon die site, labor, ifismilmoon msfs, overhead, profit and, other expenses �'nocoiplsted for the. allowances; have been included -111,the Contract Price and not in the allowances and no demand for additional Fmymmt on roxciuiii of any of the lbrejoing will bodalid. Prior to final payment, an appropriate ChangeOnler will be isxtuxl+ois rocconmended by ENGINEER tolreflect actual amounts due CONTRACTOR on amount of Work covered by allowances, . and - the Contract, Prim :%hall be oorrespondinjly. adjusted. 11.9. - enit trice Wffk- 1 L9. 1. Where the Contract Documents or * of the Work is to be Unit -Prim the Contract Price will be deemed to Unit Price Woik;omamount equal to Prim Work performed by t made by ENGINEER: m 11.9.2. Each Vjtiice,wi]I be dftmed,to'include on arnmumctsn;ider by CONTRACTOR to be adettgate to cover CONTRACTOR's overhead and Profs JIM ,each sepanuely identified item, 119.1OWNER or CONTRACTOR may make n claim for an adjustment in.the'Contract Price in accordance with Article I I & 11.9.3.1. the quantity of any item of Unit Prim Work ' 6 od orm CONTRACTOR differs,y and sig icantly from the :estimated quantity of such item'indicatad in the Agreement; 26 EJCDC OINIRM, CONDITIONS 19105 10990 Edam), ad CITY Y OF FORT COLU NS MODIFICATIONS (REV 412000) and 11 .9.3.2. there is no corresponding adjustment with respecAto arry other item of Work;and 119.33. if CONTRACTOR believes, t CONTRACTOR ft'a �ruiflea to ins in Conthict Price asp a, result of having incurred additional ;expenseor OWNER believes that !OWNER isentitled toa decrease in0draract Prim and the parties are 'unable to agree asIto the amouhi6fe'n,y,sucliirwria='Mdecrease. 11.9.3.4. CONTRACTOR acknowledges ft the OWNFRhasthe rig tt add ordelete items in the Bid or—ies at OWNER'S'sole dis,rctaged' macPnoc of any remanina itemcor as ,deletion of additi does not exceed twenty-fivemmiat o the Mnal total Contract Prim ARTICLE 12—CHANGE OF CONTRACT TIMES 12.2. All time limits Stated in the Contract Documents are of the essenceof the Agreement. 1231 Where comrkAcToR is a acts, of God. - Delays attributable to and within the conrol:oft Subcontractor or Supplier,shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where •CONTRACTOR . is, prevented from completing any part of the Work -within the Contract Times (a Milestones) due to'delay beyond the control of both (OWNER and :CONTRACTOR;, an extension of the 'Contract Timm'(or Milestanes).in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and. exclusive remcdy for-suchfdelay. In no event shall laity. Supplier, any'olher person or orgam'eatron ;a to arty surety for, tir.employee or aggent of any of them; for damages arising outbf or resulting Crom (t)dclsyscausecl by, or within 'the antral of .the CONTRACTOR, or (ii) delays beyond the control of both panics including,'hut not limited to; fires. Roods, epidemics, abnormal weather moditicins,:acts of God or acts a neglect by utility owners or other,contmilors performing other work as contemplated by Article 7. ,ARTICLE 13,TFSTS AND INSPFCTIONS; .CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK 13A. Notiee,ofDefetxs: Prompt notice of all defecthe Work of which,OWNER or ENGINEER have actual knowledge will be ,given to •CONTRACTOR All 'defective Work may, be rejeCI4 corrected or accepted as provided in this Arttcle 13. Accecsto Wane --.�Tnstsaad lnspectiorta:• 13.3. CONTRACTOR shall give ]ENGINEER timely ,,.notice of readiness of the,Work for all required inspections, tests or approvals, and shall coopetete with inspection and testing personnel to fl cililate required inspections or tests. 13X OXVNER shall employ and pay forthe services of in independent testing labmalay to perform all inspections, tests,;or'appmvals'.requred by the Conrad.. Document's except: 13.4.1. for inspections; tests or approvals covered by paragraph 13.5 below; 13.4.2: that costs incurred in connection with tests or inspections. conducted,.. pursuant to,pxnmgmph 13.9 FJCDCOENEkA:CONDIT1611ld M4(10KEdlion) WCITYOF FORTi 01,11NS moDwicmIONs UtEV 4nM) below shall .be paid as 'provided in . `said -:paragraph 13.9j and 13.4.3. as otherwise specifically provided: in the Contract Duai'mmrnts. 13.6. If eny Work (a the wok of othem) that into be inspected, tested or approved is crvared by CONTRACTOR withoutwritten concurrence of EIJGINEER; it must; if 'requested by FNGINFER, be ititmvercd for observation. 13.7. Uncovering Work,as provided in, paragraph 13.6 shall be at CONTRACT_OR's expense tmless CONTRACTOR has. given F,NG[NEER timely notice of CONTRACTOR's intention to ic6va the same and ENGINEER has no acted with rcaiorrablc promptness in response to such notice,. Uncove,,u,g.WorB: 13.8: If any Work is coveted conwarry to -the written request ,of ENGINEER it must, if requested by GNOWIMR, be uncovered for ENGINEER'sobservation and replaced at CONTRACTOR's expense. 13.9. if ENGINEER oemsiders it necessary or advisable that covered Work be observed bv'ENGINEM or as in 2ACTOR shall pay all claims, costa, lames and s caused by; arising out of or resulting from such ing, exposure; observation, inspectionand.tmiing I satisfactory replacement - a reconstruction. ng but net limited �to all costs of repair or nenl of work of others); and O[VNIIf shall be to an appropriate decrease in the Contract Price, the parties me, unable as to the amount -may ake a claim therefor, as provided in I1.-If,�mhowevcr; such Work is not found.t61,6 •e, 66o TRACTOR shall be allowed an iriaease in ntmot Price or an extension of the Contract Timm lestoms), a bah directly attributable to such 27 L 0 0 n u 0 .wcoverltg.. expasirre, obserdeuon; ',inspection,, tesru>p;: replacemeN eiid reconsWction; and, if the parties'are unable,, la pgreeas.'to thramouni or.eMmt thcteoC, CON1'.RACTOR may make a claim Therefor as gm Id in Arlides 11 and 12. -0WNER May Srap the Work !Correction or Rentmtil ofDefec&re Work: 13:12, Correction Period- of r may Wort: aria-yenr two vcais after the,date of coon or such longcr�p.riod oftime as of work 13.122. 1n special circumstances where: a particular item 'of, -equipment is placed in continuous service before Substantial Compleyon,of all the Work. the correction phial for that item may start w run from an earlier.date iL so provided in flr . Specificaiionc'or by Writicn Aincndincnt 13,123. Where defecrtve Work (and damage to other' EICDCGENERAL CONDITIOM 1910-9(1990Edlkn) 28 wl CITY OF FOAT ODLLINS MODIFICATIONS(ItEV 4r2000) Work. resulting therefrom) has been "corrected, removed or replaced under this paragraph 13.12, the oorrectiw period hereunder with respect to such Work will be wdcrided for an additional period of eau year ltvu veers after such' correction or removal and replacement has bees Mfisfacmrily completed. elcoepmace of Defective Work. OWNER May Comer Defeefim Work: damoges w ll viclu.d but iiot_ be limi ed to all kos s of repa'a tr replacement of work of others destroyal or damaged byy carxiion removal .. replacement of CONTRACTOR'S defecMe Work. CONTRACTOR'shall not. be allowed an Lens.. of the Contract Times (err Milestones) because of.any,delay in performance of the Wai: mU.tabla to.the exercise by OV,NERof OWNER'S rights and remedies hereunder. ARTICLE 14—PAY11'IEN'TS TO CONTRACTOR AND COMPLETION- - - - Schedule of Values; 141. The "schedule of values established as provided in .:paragraph 2.9 will serve as the basis for progress payments .and will be incnrporatcd into a form'of Applintion (or Payment.aoceplable to ENGINEER. Progress lmyments on eccouitrof Unit Vmice.Work will be based on the number of 'units cotnpletod. AppBenfion for P-9r—Payment 14.2. At least twenty, days before the date mciblished for .each progress payment (but not more often than,oncc a month), CONTRACTOR' shall submit to.ENGINEER for ,r"IM an Application for payment filled out and signed by the Appliczfion and accompanied by. such t,documentation as is required by the Conimct If payment is requested an the basis., of and equipment not incorporated in the Wad: but, of which will be of retainage with ; simulated in the CONTRACTOR's Wannnty of Tide: 14.3. ' CONTRACTOR warrants and guarantees that title to all Work, materials and ".equipment covered by any Application for Payment whether _mcorpomted in the Project or not. will pass to'OWNERno later than the time of payment Gee and clear of all Liens. Review ofApplicafioua for Pi SrwPuyinent 14.4. ENGINEER will, within ten "days after receipt of each Application far Payment, either indicate in wring a E I)COENERAL ODNDMONs 19105(1990 E31i9a) wr cilY OF FLIRT rciui rd moDu i CATI6NS (1(HV 4 R 00a) the of to the provisions of the last sentence of paragraph 14.7) beccineilue and when due will be,paid -by, .OWNER,to 14.5: ENGINEER's recommendation of,any.payment .requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observmioris`of the'ekeeuted Work as an experienced arid qualified'des' gn professional and on NE ENGIER'S review• of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's lmowlcdge,.informafitm and belief:. 14.5.1. the Work Has progressed to die 7point indicated, 14.5..- the quality of the Work is generally in .accordance with the Contract Doeumems (subjectto an-cyaluation'of the Work as a functioning whop prior to m upon Substantial Completion, to the results of arty -subsequent tests called for in the Contract Documents, to a final daennination of quantities and clacsificatioas for Unit Price Work under paragraph 9.10,.and to other qualifications stated in the recommerdation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to`such paymem appear_ to have been fulfilled insofar as it is ENGINTEER's respomibifity to observe the Work: by reeomm riding any 2 .will not thereby be that: (i) exhaustive a m have been made to check, f the Work- beyond th assimted- to ENGINEER to 14.6. ENGINEER'S recommendation of any, payment, including final payment, shall notmeanthat ENGINEER is resporaible'for CONTRACTOR's meanq 'methods, techniques, sequemmces or procedures of cortstnidion, or the safely precauuurs.and programs incident thereto, or far any failure: of CONTRACTOR to:comply with La ' and t%1367 applicable to the. farnmSlllilg or performance, of Work, or for arty failure or CONTRACTOR to perform or furnish Work in accordance with the Cwmtina Documents. 14.7. ENGINEER-m ay refuse to recommend the whole a any part of any payment if, in ENGINEER's apinion; it would be 'incorrect to "make the representations to 29. • C� 0 0 efe Ito in paragraph 145: ENGINEER may 'dso refuse to: ronendarlysuch ymemar,because of wbsequently Aiscovel'od evidmcr or the results of subsequent inspectionk or tests, nullify: arty, such payment previously recommended,to-soeh extent- as may be necessary in ENGINERR's,opinian tri, protect,OWNER, from lozbectiuset. 14.7.1. the Work is defectnv,,or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Pride his bom reduced by Written AmeMment or Charge Order, 14.7.3. OWNER Iris been required to correct diferfive Work or complete Work, in accordance with pmagiiph 13:14,6i 14.7.4. ENGINEER has actual know1odgeof the occurrence of 'any of the events enumerated 'in, peragm , phs,15z2.1 through 15.2.4inclusive. OWNER may',refuse in, makc, payment of thc'full amount' recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account or coNTRACTOR's p6ifcinnatideor flumAing of the Work, '14.7.6. Liens have been filed in connection with the Work, except where'CONTRACTOR has delivered n specific Bond satisfactory to OWNER to secure th6 satisfaction' and disclimpe of such Liens, - 14.7.7. thrcore other items entitling OVB4FRtoasei- off agairtit the amount recommended. or 14,7.8.� OWNER: has actual knowledge of the: ,ox I W 11 ' lof 'any of the events enumerated 'in pam A 43.1 di-66gh 1417.3 or paragrapht 15.21 thtough 15.2.4 ineiisiie; but OWNER must give :CONTRACTOR immediate written ,notice (with a copy to ENGINEER) stating the reasons for such action and proimptly�pay CONTRACTOR d the amount so withheld, or my a ijustment thereto a0id :to by 'OWNER, and CONTRACTOR, when CONTRACTOR corrects to OWNER's satislacuon the. reasons for such action: Substantial Completion: 14.9. When CONTRAt' TOP- enside,a lbe'eet;,e Wi k- a certificate in not'6onsider the, NEER will notify C tha';raascms therefor. 30 EXDCOENMM I CONDITTOM 1910-8 (199DEditim) w/ a T Y OF FORT cbLu m moE4ricATtoNs ttu�v inotio) ocinsiders the Work sub stantially complete. JR-JOINEER will prepare Viand deliver eirv, 0 6 tentative certificate or Substantial Completion.which shall fL;r the date of Substardial Completion..Them shall be attached to die certificate a., tentative list of items to be ixmiplci6d or corrected before fl ' I payment. OWNER Anil havescmen days after I I Ptil PSYTT. i receipt of the tentative certificate duhrig which to make written objection to ENGINEER as to any provisions of the certificate or:sltached list. . If, after cxrnsider4such objcctioiri� ENGINEER otincludes that the Work in not -substantially complete. ENGINEER will willimi'fou"rhocri 'days':Hiftir sobmi sim of` the 'Am tativ'e certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, hNGINHER1,crmmdersQhe Work rina"' ' complete, ENGINEER will within said founleen days, execute 'and deliver to 'OWNER Land CONTRACTOR a definitive 6citificaic of -Substantial Completion (with a revised tentative Hit of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after coiriidermidti of arty objeztioiis from OWNER. Afthi time or delivcry of theteritaitivc c&dficat, U-Subsiamitit CompletionENGINFER will deliver toOWNERand CONTRACTOR a written recomincridation as to division of responsibilities pending final payment between OVJNER�aml CONTRACTOR with reTdria ccarity, ii operation, rafety, mriim6fiaricc, heat utilItic.%- insurance and warranties and guarantees. Unless OWNM and CONTRACTOR agree otherwise in wrdmi and so infixm( ENGINEER in writing prior to ENG]NEHR's issuing the definitive' certificate of Substamial Contioletion, on OWNER and CONTRAUrORuntil final payment. 14.9. OWNER , shall have , the right to exclude CONTRACTOR from 'the. Work after the data or Substantial Completion., liet OWNER shall allow CONTRACTOR reasionabli access to complete a correct items bn'the tent6fivii HSL Partial Utilization: n LJ Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in accordance with its Instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction Imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1){2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, &-1,i L i c , , certifies or affirms the truthfulness and accuracy of • each statement of its certifition and disclosure, if any. In addition, the Contractor understands and agrees that the provcf 31 U.S.C. A 3801, at seq., apply to this certification and disclosure, if any. 1,1107 Signature of Contractors Authorized Official and Title of Contractors Authorized Official /rl ScyF -L9, 1.c4y Date 0 a If reasons therefor..If ENGINEER considers that part of the Work to be substantially campletc, the provisions of parimgmphs 14.x and 14.9 will apply with respect to certifica ion of Substantial Completion of that pan of the Work,andthe division of responsibility in respect thereof andiccess thereto. 14,10.2. No occupancy or scpwate operation of pact of the Work'will be accomplished prior to compliance with'the requirements of path , 5:15 in respect oI IaM'eny Irstmdncc. Final Inspection 14.11. Upon written notice from CONTRACTOR that the entire -Work or an agreed poriion ithercof is complete, ENGINEER ";kill make'a final inspedion with,OWNER and CONTRACTOR and will.nbtify'CONI'RACTOR' in writing of all particulars in which this inspection-reveaLs that the Work is incomplete or dk ective, C0tRAcTOR. sbyll immediately take such measures as hie necessary to 'ooinpletc soeh work or remedy such deficiencies. ,I'malApplication for Payment., 14.12, After CONTRACTOR has comoleted all such ,in accordance with. or it my, ti effective ion for riouily in the to the the releases on, lsoperty mnght many way Pe responstole nave Peen pats or otherwise satisfied if any Subcontractor or Supplier fails EjccocoENERALCONDiTh)Ivs i9l" (IM Editim) .fCi* OF FORT CDUINS MODMCAIIONS (REY 42606) to' furnish such a release or receipt in full; • CONTRACTOR.may. furnish a,Dond or other collateinl satisfactory 'to OWNER to indemnify OWNER against any.Lien, Releases or waivers of liens and the coasentof the s4cty to finalize'poyment are to-bc,sutmritted on forms conforming to the format of theOWNERS standard forms bound in the Protect manuaL Finat Paymntnt andAcceptance: 14.13. If, on the basis or L•NGINEOVs observation of and accomoanvine documentation`as required by the to the,. provisions of Paragraph 14.15. Otherwtse, ENGINEER will recur the _ Application to CONTRACTOR, i ndicoting. in writing. the reasons For refusing to recommend final payment' in which rase CONTRACTOR shall niakc the necessmy corrections and resubmit the Anplication. Thirtd days aftei Presentation to with 14.14. If, through nio fault of CONTRACTOR final • completion of the Work is significantly delayed.and-if e to ar 'C madeunderthe terms and comlitions,goveming final payment, except that it shell not eorstituteia,wa_ivcr of claims Waiver of Claims: 14.15, The making and.;acceptance of. final paymmt will, constitute: 14.15.1.a waiver of all claims by :OWNER against CONTRACTOR except claims .arising from unsettled Liens, firm'defective Work appearing after 31 0 0 0 lia'd '"m at "IM ar the f.ilim. . --plyp, pursuant, temus7 ra special .1 therein, in, jiy __ S from CONTPACTPR's co the Ccxiiinicl Documents; continuing obligations under 14.15:2.A wmver of alLclHims by CONTRACTOR against OWNER other thart those previously made.in writing and still unsettled. ARTICLE 15-SUSPENSION Or WORK AND 'TERMINATION 01VAER May Suspend Work: 15.1, At any time, and without sasnerid the Work or any Donlon th n of the Contract, Timcsr-or b the T ally such suspension . if Col in approved- claim 'therefor as I I and 12. owNFR May rerittimate... 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently f ails to perfmIn the Work, is accmdancc:with the Ccintracit Docurn6nts- (including. but not firiiiied tcfailure to'supply sufficient skilled wmkers,or suitable'rhaterials or,iquipment or failure to Odficiii to�the progress schedule established ,under paragraph29 is adjiasiid ficni time to time pursuant to paragraph 6.6). 15.2.2. if CONTRACTOR disregards Laws or Regalatiansof any public body bivingiurisdiction; 15.23. if CONTRACTOR disregards the authority of E�NGINEER.; cir 152.4. if CONTRACTOR otherwise violates in any substantial way arty pnwisicins of the C ommet Documcrag OWNER may, after giving. CONTRACTOR (and the of the Work and of all )rate in the Work all materials and - the site or for which OWNER has paid I . 32 E)CL?CqENEMCONDITIOM191"(IME&ion) W10TY OFFORT ODLUM MODIRCATIONS (REV412000) 1i3. Where CONTRACTOR's serviccs hive hociiso terminated by OWNER, the'terraination will.not.affect an , rights or remedies of OWNER, against C8NTRA&OR.dien'existii)g,or which may the eafter i&cm'. Any retention' or payment of moneys du6 CONTRACTOR ; I by 'OWNER will not nclesSC CONTRACTOR ftm liability. 15.4. Upon seven days! written notice to CONTRACTOR and ENGINEER, OWNER may, withoui cause and without prejudice to any other right or remedy ofOWNER elect to terminatedie Agreement. In such case, CONTRACTOR' sbll be paid (without duplication of any items): 15A.I. for completed and acceptable Work executed in accordance with the Contract Dociaments'prior to; the effective date of termination,,including fair;and reasonable sums4or overhead and profit mi such work,.' 15.4.2. for expenses wsmined phor to the -effective diati'of terminition in p-erf,"i services' -and Wmishirig lhbor, materials a eVipment as req'uimd by the Contract Documents in connection with uncompleted Work, plus foir'mid reasonable stars for overhead and profit on such expenses. 15.4.3. for all claims. costs, losses and ,damages incuired in,sealemen-t of terminated contracts with Subcontractors, Suppliers and otheis; and 15.4.4. for reasonable expenses directly attributable l6teirairmiar. CONTRACTOR shall not be paid on account of lcis:ot anticipated profits or revenue or ode, a =ic I= arising out of or resulting ftrm� such termination CONTRACTOR May Stap Work or Ter7ninate 15.5., 141throughtic, act or fault of CONTRAUTOK the .1 . Work' is msipm-dcd for a *n . od c I f more than mrwAy CONTRACTOR. days by OWNER ;or under an bider of c6art'cir other pubfic authority, M . or I;NGFR.kiils to iia im any Application ar yrrem within thirty days aNi it is submitted or OWNER fails f6r.ihirty days w pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may; upon seven Hays' written notice to ,OWNER and <I7:2:2. Acalender day of twenty -foie hours measured ENGINEER. and. provided OWNER or ENGINEER do not from midnight to the ranxt midnight will constitute a :remedy such' suspension or failure within that time, day_ terminate; the Agreement and iecover'from OWNER payment on the same. terms as provided in remgtaph'15.4. NodeeofClalm: In lieu of terminating the Agreement and without preludee .to my other right. or remedy, if ENGINEER bas failed to 17.3. `Should OWNER or CONTRACTOR suffer injury act on an Application for Payment within thirty days after it ordamage.to person or property because'.of any error, is submitted or OWNER has failed for thirty days to pav omission w ecl of the' other party or,of any of the other OWNER and ENGINEER stop the Work until raymem of .all such amounts due CONTRACTOR, including interest thereon.. The provisions of this paragraph 15.5 are not intcndcd to prccludc CONTRACTOR from making claim under Articles 11 Ind 12 for an increase in Contract Price or Cornet Times or;othcrwise.for expenses or. damage'. directly attributable to CONTRACTOR's stopping Work as pemriaod by this pomgraph. .ARTICLE 16—DISPUTE RINOLU'fION to the overt that OWNER greed an the, method and P s. between them that mi lent, such diepute'resolution i shall be as set forth in.R Lim Araeemcnt", to he attact to such r the. or .ARTICLE I7-MISCELLANEOUS the other party within a reasonable time of the first xrvance of such injury ur damage. The provisions of paragraph 17.3'shall not he construed ris a substitute or ProfeWonal Feesand Court Coslslncluded% 175. Whenever reference is madelo "claims; costs, losses and damages', it shall include in but not be'limited to, all fees and charges of engineers, architects; attorneys and other professionals and all court or arbitration or other dispute resolution costs. mvs of -the Sate of Colmulo appjLw_tlk GSivrg Notice: Aereement . Reference to two pertinent Colorado statutes areas follows 17.1. Whenever, tiny provision of the Cimtmcl -- Documents requires the giving of written notice, it will be 176 1 .Colorado Revised Statutes (CRS'18-17-101 deemed to have bear validly given'if delivered -i in person to teauue that Q lomdo labor be employed to Perform the individual or to a member of the fine, or to an officer of the Work 1o. tie extent of not less than80- percent the corporation for wham it is intended, or if delivered at or f801/6).of each tvm a class of labor in the several sent by. regislaed or certified mail, pouage'prcpaid, to the classifications of skilled and common labor employed last business address known to the giver of the notice. -' - - cot the pmir&L Colorado labor means any who ogn is abona file"residmtof the' State of CdnxndoaClhe -17.2. Contpulatida of Time: , time of emolc anrnL isat}iout discriouration as to race. color. or ses 17.29: When any period of time"is referred to`in the creed sea; relieion Contract Documents by.days, it will be computed to 1762 If a claim is filed OWNER is required by 'eiclude the firsl 'arid include-_ the .last day,of, such law (CRS 38-26.107) to wrtdrold from all payments o period Af the last day of an • such pitied falls un'a CONTRACTOR sulficiem fund to unsure Ile Saturday or Sunday or ran a day made a legal Imlidiy by hay will 1iaymrnt of all claims'for labm materiati tam hire. other supplies tralaw of the applicablejunisdiction, such be emittedfrom the computation. sustenance, provisions. Provender. or used or, consumed by CONTRACTOR .a his elcocaeNiAi.cortlrnoHz tsto-a b9so edam) 33 w(Q1Y OF FORT NLLItS MODIF7CATI6N3 QtEy ARlga) Ll • i s 34 EICI)COAL ENERCONDITTOM 1910-9 U990 Edi)iM) w1 CITY OF FOKT WLLI NS MODIMCASIONS (REV 42000) 0 (This page left hlai&l iNmtialially.) EICOCOENERAL CONDITIONS 19108 (1990 E&ian) w/CITY OF FORTCOLLINS MODIFICATIONS M-V 4fIDDO) 35 9 0 L7 0 11 EICDCOENMM CONDITIONS 19108 (1990 E�1ian) 36 wf CITY OF FORT WLLI NS MODIFICATIONS(REV 42M) 11 EXHIBIT CC -A to General Conditions of the Construction ,Contract Between OWNER and CONTRACTOR, DISPUTE RESOLDITON AORmiFNT OWNER, and CONTRACTOR hereby .agree that Article 16 of the General Conditions of the Construction Contras between OWNER and CONTRACTOR is amended to include the following ageemcntof the parties; 16.1. All claims, disputes,. and other matters in out of or rclatmg to the Contract Oocuments or the breach ihercof{except for claims which have been waived by the making or acceptance of final -payment as provided by ,paragraph 14,15) will be docidcd by arbitration m )accordance with the •Construction Industry Arbitration .Rules of the American Arbitration Association then obtaining, subject to the limitations oC the Article M. This agreement so. to arbitnue'and 'any 'other agrcancnt or ;consent to arbitiateeniered into in accordance herewith as provided "in this Article416 will be specifically enforceable ,t adcrihe prevailing law of any court havingjurisdiction 16.3. Notice of the demand far arbitration will be filed in writing with theother party to. the' Agreement and :with the American Arbitration Association and a copy will 16.4. Except as provided in paragraph 16.5 below, an arbitration arising out of"tr relating -to the Contract Documents shall include by consolidation, joinder at an any other manner any other .person or entity, (including ENGINEER,-ENGINEER's Consultant and d}ie officers - directors, agents, employees or cotaulants of any of them) who is not a party to this contract unless: I6Al. theinclusionof such other person or entity is ncccssaryif complete'.relief is to be afforded among those who are already parties to the arbitiatiat, `and 16.4.2. such -other person or entity is - substantially involved in a. question of law or fact which is common to those who ore already parties to the arbitration and which will arise in such procccdings, and 16.4.3. the,writtcn"consent of the other person or entity sought to be 'included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific relerena 6 this paragraph; bat no'such oirtsent shall constitute catieot to arbitration of any dispute not spccifwally described in such consent,ir to arbitration with any party not specifically -identified in such consent. 16.5_ Notwithcandiruz, ata¢ranh 16.4.'if a claim. a ulcmae an au subcontracts requnea oy pamgmpn. o.i i a specific. provision whereby the 'Subcontracuir.cortmnts.to being joined in an arbitration between OWNER and CONTRACTOR involving die Work of such Subcontractor. Nothing"in this paragraph 165 nor in the provision of such subccnvact oortsemirg to joinder shall create any claim, .right or cause;.of .action in.favie of Subcontractor and against OWNER; ENGINEER. or GNGIN&ER's Consultants that does not otherwise axist. 16.6: 'The'award rendered by the mbitratorswill be final, judgment may be entered upon it in my court having jurisdiction thereat and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR age. that they not fpules: rand "other 'matters. in question g out,6Coi relating totheContract breach thereof ("disputes"), to..medistion i 'Arbitration Association under 'the stry Mediation Rules of the American ation pnor,to either,bfthem inuti-sung 'a demand for arbitration pursuant to Ivough 16.6: unless delay in initiating irrevocably prejudice one of the parties: tic -At n LJ Cl 0 EICDC GENERAL CONDITIONS 191M (1990Emlim) .i CITY OF FORT .COLL]NS MODIFICATIONS (REV 9N4) 0 OC-Al SECTION 00800 SUPPLEMENTARY CONDITIONS U 0 0 Pi Conditions of the Contract SECTION 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). 0 SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed U SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment tLJ • SECTION 00950 CHANGE ORDER NO. • 0 PROJECT TITLE: South Transit Center Landscaping & Irrigation CONTRACTOR: Bath Lanscape & Irrigation Inc. PROJECT NUMBER: N/A 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: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: DATE: DATE: DATE: DATE: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing ± 2 a a ) LLI�Mk&5 §0Z0 ZOOz !»`§§; »M%±a{ ir �\ \<� \ ) k \ § ( § k / ) - ) [ § { ( ® -m t( \ ) // < \ \ < - _: f& E \ ,7¥ƒ� [ /j o w of 0 00E> § P \ !m )® \ S) } ) �� - �0 - w / \ // fI 3)!&! \ \ « \ < � \\ \ ° 8 \ \ \ \ \ \ \ o \ $ )i ® § § § < ( §� \ / { § 0 0 ! § §§ ( § § ` 3 \ \ \ \ \ /\ 0 ) \ \}/ } \ \ \ § § § ] 11 � 0 0 0 C a LL V U 0 d m N w a () N(L) 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O Q ` O m O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 a a Hw~�6.�69��6peos69�6969�V>�69�����eos�o»������U9Q9, a) ou - (h p m a c0000000000000000000000000000aaa 00000000000000000000000000oCDoCDo0 0000000000000000000000000o0000o O a E us u, u, us us u, u, us us u, u, us us ususe» us us u, us uuws us w u, , us u, us u, u, E Uom ~p O c0o0000000oa0o00000000000000000o d' C N N = 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 -Q 0 0 0 00 0 0 0 0 0 00 0 0 0 0 0 0 06 0 06 0 06 06 0 0 0 o.9 U Qu,ususu,u,u,usu,u, us u, u, us us u, us us us us us u, us to Ul eAus u, u, u, u,u, Owl E `'a Q 2 O a 2 0< 'na IL c000o000000o00000000000000o00000 a a o000000o00ooaoo0000000000oo00000 Q a) 0000000000000000000000000000000 -Y E tog, E»u,u>u>v>u,e»v>u,u>u>u,u,u><»<» e» e, E» us u,e» E» E» u> u><»u>en En >o a O N t L) C d C o O O O o o O O O O O O O O O O O O O O o O o O o o o o O O O O O O O o 0 0 0 o 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 O O O O . . . . 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(0 C. W }=>.y Qa0d OL O. EA Q w W U) O r U) c 0 U N N U (D U) d O Q E cZ O N o E z SPECIFICATIONS FOR SOUTH TRANSIT CENTER LANDSCAPING & IRRIGATION (PLEASE NOTE THAT ANY ITEMS OR SECTIONS REFERENCED IN THESE SPECIFICATIONS BUT NOT INCLUDED HEREIN MAYBE FOUND IN THE CONTRACT DOCUMENTS FOR 7382 MAX BRT SOUTH TRANSIT CENTER) 0 • rl L� 0 2000 E. Prospect Rd. Ft. Collins, CO 80525 :P (970) 488-1707 F: (970) 484-0470 January 28, 2014 Attn: Erika Keeton City of Fort Collins Re: Max BRT South Transit Center We site pleased to provide the following pricing for the Remaining Landscape and Irrigation to date for the above referenced project. Total Landscape & Irrigation before bond $133,245.70 Total Landscape &Irrigation with bond S135,910.61 See attached Schedule of Values (including bond) Clarifications: — All irrigation sleeving is deemed to be in place through previous contract- - This quote is based on a vegetation fret grade of+)- 3-foot final grade by others including berms, etc. prior to installation by Bath, Inc. Subgrade for pavers and catch basin cobble by the G.C. — The attached list of trees are deemed to be available Q Bath Nursery and paid for under previous contract — Prices will be held for 30 days from the bid date above. — Addendum 1, 2, 3. 4, 5 are acknowledged. .inclusions — Irrigation — Soil Prep — Plantings — Mulches — Cobble @ Type 1 and Type 2 Catch Basins — Basalt Columns (6) — Crusher Pines — Davis Bacon Wages — Bond www.balhgardencentetcom F,xclusions: — Repair work and/or remodeling of any existing landscape or irrigation disturbed during construction. — Subgrade for pavers and Catch Basin Cobble Pebble — Irrigation sleeving — Pavers - Installation of any site furnishings, fencing, above ground planters, site lighting, retaining walls, tree grates — Bike racks, trash cans and rip rap. — Sales tax. — Protection or pruning of any existing trees. — Annual Flowers — Topsoil. — Maintenance. Thank you, KE jn Vice President Bath, Inc. P: (970) 488-1707 F: (970) 484-0470 kl=m@bathlandscape-inigation.com L-A • A Shademaster,Honeylocust Gleditsia Triacanthos Inermis Shademaster 17 17 3" Cal Skyline Honeylocust Gleditsia Triacanihos inermis Skyline 12 yt 3" Cal Kentucky Coffee Tree Gymnocladus dioica 8 p 3" Cal Shumard Oak Quercus shumardii 4 9 3" cal Bur Oak Quercus macrocarpa 3 3 3" Cal ChinkbpinOak Quercusmuehleiribergii 2 3"Cal Western Hackberry Celtis occidentalis 3 `i 3" Cal Western` Catalpa Catalpa Speciosa 5 l 3"-Cal Skyrnaster English Oak Quercus,robur'Pyramich' 6 3" Cal Ornamental Trees Hot wings tatarian maple Acer tataricum "Garann' 4 multi stem y 1.5" Cal Canyon maple AcerGrandidentatum 5 multi stems 1S" Cal Autumn Brilliance�Servlceberry Amelanchierx grandiflora'Autumn Brilliance' 3 multi stem 3 1.5" Cal Adams Crabapple Malus Adams !1 y 1.5" Cal .Spring Snow Crabapple Malus Spring show 1 1 1:5'' Cal Thunderchild Crabapple MalusThunderchild 1 % 1:5" Cal Chanticleer Pear Pyrus calleryaha Chanticleer 4 y 1.5" Cal Japanese Tree Iliac syringa reticulate'IvorySilk' 2 ,2 15" Cal Conifer Trees Fastigate Norway Spruce Picea abies"Cupressina' 19' A/ 20 gal • Evergreen,Shrubs BroadmoorJuniper Juniperus Sabina 'Broadmoor' 60 5gal Icee Blue Juniper Juniperus horizontalis Icee Blue 31 5 gal Compact PfitzerJuniper Juniperusxmedia''PfitzerianaCompacta' 35 5gal_ Deciduous Shrubs - 5,gal Regent Serviceberry Amelanchierilnifolia'Regent' 2 5gal Black Chokecherry Aronia melanocarpa elata 40 S gal Crimson Pygmy Barberry Berberis thunbergi'Crimson Pygmy' 7 5 gal Blue Mist Spirea Caryopterisxclandonensis 'Blue Mist' 11 5gal Cardinal Dogwood Cornusstolonfera'Cardinal' 6 5.gal Colorado Dogwood Cornus stolonifera coloradense 6 5 gal Isanti Dogwood Cornusstolonifera'Isanti' S6 Segal Yellowtwig Dogwood Cornusstolonifera''Elaviramea' 5 S,gal KelseylDwarf Dogwood Comus stolotiifera'Kelseyi' 19 Sgal Emerald n Gold Euonymus Euonymus fortune 'Emerald n Gold' 4 5gal Lodense Privet Ligustrum`wlgare'Lodense' 69 5gal Emerald Mound Honeysuckle .Lonicera x xylosteoides'Emerald Mound' 72 5 gal Arnold's Red Haneysuckle Lonicera tatarica" Arnold's 114 '21 5.gal .Compact Oregon Grape Holly Mahonia aquifolium compacta 12 5.gal ,Oregon,GrapeHolly Mahoniaaquifolium 12'_ 5gal. 0