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HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - CONTRACT - BID - 8131 MEDIAN RENOVATION AT HORSETOOTH & S LEMAYCity of Fort Collins Purchasing SPECIFICATIONS AND Financial Services Purchasing Division 215 N. Mason SL 2"" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 jcgov.com/purcha ing CONTRACT DOCUMENTS FOR MEDIAN RENOVATION AT HORSETOOTH & S. LEMAY BID NO. 8131 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS JUNE 26, 2015 - 3:00 P.M. (OUR CLOCK) SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9Z provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such lasses shall inefude settlements made with the written consent and approval of OWNER- No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. It however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge therm£ CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2, 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Mintz expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. U.S. The tens Cost of the Work shall not include any of the following: 115.1. Payroll costs and other compensation of CONTRACTORS officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditorm accountants, purchasing and contracting agents. expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR' principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of yob classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-411 of which are to be considered administrative costs covered by the CONTRACCOWs fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.53. Anv part of CONTRACTORS capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the coo of premiums covered by subparagraph 114.5.9 above). EJCDC GENERAL COt4D1MOM 1910-8 (1990 Erika) W/ C1TY OF FORT COLUNS MODIFICATIONS (Rip' 420M) 11.5.5, Coats due to the negligence of CONTRACTOR any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work drsposal of materials or equipment wrongly supplied oral making good any damage to property. 11.556. Other overhead or general expense costs of any kind and the casts of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.1 where one or more tiers of subcontracts are on the basis of Cost of the Work Plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that amp higher tier Subcontractor and CONTRACTOR will each be paid a feeoffive-percent of "amount aid 4o dwf&dlowertier-Subcon"cior, to be negotiated M4Q2 faith with-tht2WNN1 but p�t t9 gip eO five percent of the amount paid to the next lower tier Subcontractor. 11.6.2.4. no fee shall be payable on the basis of cots itemised under paragraphs 11.4,4. 1I 4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amont of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in arry one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the not change in accordance with paragraphs 11.6.2.1 tl rv* 11.6.2-5, inclusive. 11.7_ Whenever the cast of any Work is to be 25 C determined pursuant to paragraphs 1 l.4 and 11.5. CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cuss breakdown together with supporting data. Cash Allanunces: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall muse the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that: 11.8.I. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site. and all applicable taxes: and 11.8.2. CONTRACTORs costs for unloading and handling on the site, labor, installation costs, Overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing wi 11 be valid. Prior to final paymemt, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work 11.R 1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.1 O. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTORS overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; EJCDC OENEIt CONDITIOM 1910-9 (1990 EdiUM) 26 col CITY OF FORT COLUNS MODIFICATIONS(REV 412000) and 11.9.3.2. there is rto corresponding adjustment with respect to any other item of Work; and 11.9.33. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWN FR has the right to add or delete items in the Bid or change quantities at OWNERS sole discretion without affecting the Contract Pete of am remaining item so Iona as the lotion or a dition toes not exceed twenty-five percent of the original total Contract Price. ARTICLE 12—CHANGE OF CONTRACT TIMES 12.1. The Contact Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the tither party and to FNGiNEER promptly (but in no event later than thirty days) after the occurrence of the event gi.Virg rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimants written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragaph9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submined in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control Of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, foes, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an extension of the Contract Times (or Milestones) in an amount equal to the time last due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR arty Subcontractor, any Supplier, arty other person or Organization or to any surety fnr or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR or (ii) delays beyond the control of both patties including• but not limited to, foes, floods, epidemics, abnormal weather conditions, acts of God or acts or neglcct by utility owners Or other contractors performing other work as contemplated by Article 7. ARTICLE 13-TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFEMP' WORK 13.1- Notice ofDefectc Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, c=ccted or accepted as provided in this Article 13. Ace= to Work: 13.2. OWNER ENGINEER ENGINEER's Consultants, other representatives and personnel of OWNER independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasorable—limes for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Te.Us and Inapec dons: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 134 OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents evxcpt: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 bclow; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 E1CDC UENERAL COND111ONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS ft-V 42000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of arry public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection. or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any i spectior s, tests or approvals required for OW'NER's and E.NGINEER's acceptance of materiaLs or equipment to be incorporated in the Work or of materials, mix designs, or eqquuipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's epense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work. 13.8. If any Work is covered contrary to the written request of ENGINEER it must, if requested by ENO INEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's eepetse. 13.9 If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR at ENGINEER's request, shall uncover, expose or otherwise make available for cA s. rvatimn, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment If it is found that such Work is defectn•e. CONTRACTOR shall pay all claims. costs, losses and damages caused by, arising out of or resulting from such uncovering, e..posure, observation, inspection and testing and of SmiS actoy replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof; may make a claim therefor as provided in Article 11. If, however, such Wok is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such i;l C uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. IT the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the ommplded Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thcteoC until the cause for such order has been eliminated; however, this right of OWNER to stop the Wort: shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or airy• surety or other party. Correction or Removal of Defective Work, 13.11. if required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, lotsos and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1. If within one year two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of arry applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNERS written instructions: (i) correct such defective Woric. or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any data age to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay world cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR- 13.12?.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment 13.12.3. Where defective Work (and damage to other �g EJCDCOENER.9LCONMT1OM 1910-8(1990Editim) w1 CITY OF FORT OOUJNS MODIFICATIONS REV 4,2000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of ane year two years after such correction or removal and replacement W been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNERS evaluation of and determination to accept such defective Work (such corns to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGMER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11, If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correa Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously- In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stared elsewhere. CONTRACTOR shall allow OWNEROWNERS representatives, agents mud empployees. OWNER's other contractors and ENGINEIRR and ENGINEERS Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, lasses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, cosK losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) bemuse of any delay in performance of the Work attributable to the exercise by OWNER of OWNERS rights and remedies hereunder. ARTICLE 14--PAYAMNTS TO CONTRACTOR AND COMPLETION Schedule of Values., 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Wok will be based on the number of units completed A/7pliraiion for Progress Payment 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents If payment is requested on the basis of materials and equipment riot incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property instuance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Arty funds that are withheld by the OWNER shall not be subs to substitution by the CONTRACTOR v,iith securities or any_;nrstngements inyolvird�sut escrow ar custodurr ;hm- Pv executing the application for cayrtrr form the CONTRACTOR exoressly waives his right to the benefits of Colorado Revised Statutes Section 24A1-101 et Mg. CONTRACTOR's Warwrly of Titte. 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review ofApplieadoas for Prog►essPayment 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in venting a ErCDCGEN U1CoNDITIOts191"(1990Edltim) w7QTY OF FORT COL UM Md)DtF1CAMNS (aEV 42000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEERS recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER'S recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER'S knowledgc, information and belief 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documertts, to a final determination of quent it and classifications for Unit Price Work under paragraph 9.10, and to any other qualification stated in the recommendation), and 14.53. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle ORRIER to withhold payment to CONTRACTOR 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER. is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or fumisli Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment it in ENGINEER's opinion it would be incorrect to make the representations to 29 C C OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7A. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or fumishnig of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7, there are other items entitling OWNER to a sct- ofTagainst the amount recommended or 14.7.8. OWNER has actual knowledge of the occurrence of anv of the events enumerated in paragraphs 14,7.1 through 14.7.3 or paragraphs 15 2.1 through 15.2.4 inclusive, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR corrects to OWNE'R's satisfaction the reasons for such action Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Wort: is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER CONTRACTOR and ENGINEER shall make an inspection of the Work to dctenmine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER FICDCOE14EXAL CONDIMM 1910.8 (1990 Edition) 30 wi CITY OF FORT COLUM MODIIICATIONS(ItEV 42000) considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fir the date of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list 14 after corsidep; such objections, ENGINEER concludes that the Wort cis not substantially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If. after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and gwnranices. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGiNEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Uelizettbon. 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which, (i) has specifically been identified in the Contract Documents, or (d) OWNER. ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially comPbete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that pan of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work- Within a reasonable time after either such request, OWNER. CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete. the provisions of paragraphs 14.8 and 149 will apply with respect to certification of Substantial Completion of that part of the Wcrk and the division of responsibility in respect thereof and access thereto 14.10.2. No occupancy or separate operation of part of the Work will be accomplishal prior to compliance with the requirements of pnragmph 5,15 in respect of property insurance. Fecal Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as arc necessary to complete such work or remedy such deficiencies. Final Application for Payment 14,12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insunee required by par hSA, certificates of inspection. marked -up record documents (as provided in pamgraph6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subpamgraph5.4.13, (ii) consent of the surety. if any, to final payment and (iu) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may turnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property in ight in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails EJCDC Ot7.ERAL CONDITIONS 1910-5 (1990 E(ition) w/ CITY OF FORT COt.LI NS MODIFICATIONS ft-V 42000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to fmalrm pa ncnt are to be submittal on forms conforming to the format of the OWNER'S standard forms bound in the project manual. Find Payment andAcceptance: 14.13 If, on the basis of ENGIN=— s observation of the Work during construction and final impaction, and ENGiNEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations tinder the Contract Documents have been fulfilled, ENGINEER will, within too days after receipt of the final Application for payment indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shal I make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEEWs recommendation and notice of acceptability, the amount recommended by ENGINTEER will become due and will be paid by OWNER to CONTRACTOR subjcct to maragmrib 17,62 of these GeneratQmditi4ns 14.14 I[ through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONITRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. if the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in pamgeph 5.1. the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such payment shall be made under the terms and conditions governing final payment, except that it shell not constitute a waiver of claims. Waiver of Claims 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR except claims arising from unsettled Liens, from defecme Work appearing after 31 furl inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guaramees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15 SUSPENSION OF WORK AND TERMINATION OWNER Play Suspend Work: 15.1. At any time and without cause. OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in wridn to CONTRACTOR and ENGINEER which will fix the date on which Wort will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER h?ay Terminate: 15 Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including but not limited to. failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph29 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.23. if CONTRACTOR disregards the authority of ENGINEER or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, iT any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for tresfmam or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EJCDC GENERAL COND1710M 191" (1990 Eotitim) 32 w/ CI'rY OF FORT COLLINS MODIFICATIONS {REV 42000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient in such case CONTRACTOR shall not be entitled to receive arty further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNF-R arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15A Upon seven days' written notice. to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER elect to terminate the Agreement. In such case, CONTRACTOR shall he paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work, 15.4.2. for expenses sustained priur to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable Burns for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others and 15.4.4. for reasonable expenses directly attributable to ternumation. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination CONTRACTOR Play Stop Work or Terminate: 155. Z through no act or fault of CONTRACTOR the Work is suspended for a period of more than ninety days by QWNER or under an order or court or other public authority, or ENGINEER fails to act on any Application for payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due. CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR including interest thereat The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles I and 12 for an increase in Contract price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTORs stopping Wort: as permitted by this paragraph. ARTICLE 16—DISPUTERESOLUTION if and to the cxtem that OWNER and CONTR4C'I'OR have agreed on the method and procedure for resolving disputes between them dtat may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in F.xhibitGC-A, "Dispute Resolution Agreement", to be attached hereto and made a par hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE11—AUSCELLANEOUS Grtirg Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended. or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time. 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the fast and include the last day of such period I£ the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omirted from the computation EJCDC OENMM CONDITIONS 1910-8 (1990 Edtim) wi CITY OF FORT CO111M MODIFICATIONS OLEV 4n000) 17.22. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claiee: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other parry or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other [cony within a reasonable time of the first observance of such injury ur damage. The provisions of this paragraph 17.3 shall not be conrnued as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cuaiuladve Remedies 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32,13.1, 13.12, 13.14, 14.3 and 152 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other Provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Cosn included• 17 5. Whenever reference is made to "claims, costs, losses and damagce, it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 116. of (;-d md�p,tMbto 6 is Agreement Reference to two riertment Colorado statutes are as follows' 17.6.2. If a claim is filed OWNER is reouired by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materiak team him sustenance, provision provender, or other supplies used or consumed by CONTRACTOR or his 33 34 EJCDC GENERAL CONDITIONS 191"(1990 Emtim) w! C7TY OF FORT ODLLI NS MODIFICATIONS (REV 4,7000) ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws. ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 50 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. (This page left blank intentionally.) EJCDC GENERAL CONUTION51910-8 (1990 Edtim) 35 wi CITY OF FORT COW M MODIFICATIONS OtEV 42000) VCDC OENU AL CONDITION51910-9 (1990 Emtim) 36 WI CITY OF FORT COLLINS MODWICAlIONS (RfiV 52000) EX MIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DLSPM RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Commet between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will he specifically enforceable under the prevailing Law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or ether matter that is required to be referred to ENGINEER initially for decision in accordance with pamgraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day afar the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGMFFR before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11. and the failure to demand arbitration within said thrty days period will result in ENGINESR's decision being final and binding upon OWNER and CONTRACTOR if ENGINEER renders a decision after arbitration proceedings have been initiated such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the patty making such demand has delivered written notice of intention to appeal as provided in paragraph 9.1 O. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 162 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations E1CDC OEWAAL CONDITIONS 1910.8 (1990 Edttim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 16.4. Except as provided in pamgraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER- ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4. I. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration• and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Wok of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract cmeatirg to joinder shall create any claim, right or cause of action in Favor of Subootractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree than they shall fast submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"). to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to Ede a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within thou same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -Al EICDCOENERAL CONDITIONS 191" (1990E(itim) QC -Al wl CITY OF FORT COLLINS MODIFICATIONS (REV %94) SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: 8131 Median Renovation at Horsetooth & S. Lemay CONTRACTOR: Korby Landscape LLC PROJECT NUMBER: 8131 DESCRIPTION: 1. Reason for change: 2. Description of Change: _ 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DA Purchasing Agent over $30,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. 1 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY On Hand Item Invoice Previous Number Number Description Application Received This Period Installed This Period PAGE 4 OF 4 On Hand This Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 Lemay & Horsetooth Medians City of Fort Collins — Parks Division Project Manual May 29, 2015 [7b7h BHA Design Incorporated 1603 Oakridge Drive Fort Collins, CO 80525 Phone: 970.223.7577 This Page Left Intentionally Blank CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado TABLE OF CONTENTS INTRODUCTORY INFORMATION 00010 Table of Contents 1 page DIVISION 2 - SITE CONSTRUCTION 02380 Site Rock Work 2 pages 328400 Landscape Irrigation 15 pages 02920 Lawns and Grasses 7 pages 02930 Exterior Plants 14 pages END OF SECTION TABLE OF CONTENTS SECTION 00010 - I This Page Left Intentionally Blank CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado SECTION 02380 — SITE ROCK WORK PART] -GENERAL 1.01 SECTION INCLUDES A. The work of this section shall include excavation, grading and installation of site boulders placed at the locations shown on the Drawings. The materials to be used for the construction of such structures shall be as specified herein. Site Rock Work includes the following: Landscape Boulders 1.02 RELATED SECTIONS A. Section 02930 — Exterior Plants B. Section 02231 — Tree Protection 1.03 SUBMITTALS AND SHOP DRAWINGS A. Submit three (1) samples of each stone type that represents the full range of colors/staining that can be expected. If stone supplier's yard is not local, the Contractor shall submit photos of available stones/boulders for review/selection — see drawings. 1.04 SOURCE LIMITATIONS A. Obtain each type of rock material from a single manufacturer. PART2-PRODUCTS fr�ll�_uI�L��1.�I\r1.y A. Type 1 Boulders: 1. Stone Type: Colorado Buff Sandstone — light tan/beige in color as approved by Owner's Representative (Dark brown, Brownstone, Cherokee are unacceptable) 2. Approved Suppliers: a. Arkin Park Stone Quarries, 970-663-1920 b. Tribble Stone, 303-444-1840 C. Rock Garden, 970-472-1115 d. Or approved equivalent. SITE ROCK WORK 02380-1 7 CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado 3. Boulder sizes shall be as indicated on the Drawings. 4. Finish: as indicated on the Drawings. PART 3-EXECUTION 3.01 SELECTION OF STONE A. Owner's Representative shall be contacted to participate in selection of boulders/stone at stone supplier's yard. If stone supplier's yard is not local, the Contractor shall submit photos of available stones/boulders for Owner's review/selection, including ruler in photos for scale. 3.02 HANDLING A. Handling of the stone/boulders shall be carried out in such a way that the stones/boulders are not damaged or scarred. Damaged stones/boulders may be rejected by the Owner Representative. 3.03 PLACEMENT A. Placement of Type 1 Boulders: l . Place stone/boulders with flat side up and most attractive face (as determined by Owner's Representative) facing activity areas, unless otherwise noted or directed by the Owner's Representative. 2. Bury stone/boulder per Drawings. 3. Locations and quantity shall be as indicated in the Drawings. Final placement of stone/boulders shall be reviewed and approved on site by the Owner's Representative prior to placing paving, surfacing and landscaping in abutting areas 3.04 CLEAN UP A. Remove unneeded stone debris from the site. B. Clean dirt, debris, trash and other deleterious material from stone surfaces and surrounding areas. END OF SECTION SITE ROCK WORK 02380-2 This Page Left Intentionally Blank SECTION 32 8400 LANDSCAPE IRRIGATION PART 1: GENERAL 1.1 SCOPE Furnish all labor, materials, supplies, equipment, tools and transportation, and perform all operations in connection with and reasonably incidental to the complete installation of the irrigation system, and guarantee/warranty as shown on the drawings, the installation details, and as specified herein. Items of work specifically included are: A. Procurement of all applicable licenses, permits, and fees. B. Coordination of Utility Locates ("Call Before You Dig"). C. Verification of existing static pressure. D. Connection of electrical power supply to the irrigation control system. E. Maintenance period. F. Median sleeving for irrigation pipe and wire. G. Connection to existing irrigation water meter. 1.2 WORK NOT INCLUDED Items of work specifically excluded or covered under other sections are: A. Roadway directional boring and sleeving. 1.3 RELATED WORK A. Division 2 - Site Work: 1) Section 02920 - Fine Grading and Soil Preparation. 2) Section 02931 - Seeding. 3) Section 02932 - Sodding. 4) Section 02950 - Trees, Plants and Ground Cover. 1.4 SUBMITTALS A. Deliver four (4) copies of all required submittals to the Owners' Representative within 15 days from the date of Notice to Proceed. B. Materials List: Include pipe, fittings, mainline components, water emission components, control system components. Quantities of materials need not be included. C. Manufacturers' Data: Submit manufacturers' catalog cuts, specifications, and operating instructions for equipment shown on the materials list. responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 1.5 1.6 D. Shoo Drawings: Submit shop drawings called for in the installation details. Show products required for proper installation, their relative locations, and critical dimensions. Note modifications to the installation detail. E. Project Record Drawings: Submit project record (as -built) drawings to Owner prior to commencement of maintenance period (refer to specification section 3.10 for specific requirements). 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. TESTING A. Notify the Owner's Representative three days in advance of testing. B. Pipelines jointed with rubber gaskets or threaded connections may be subjected to a pressure test at 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 120 PSI for two hours. Test with mainline components installed. A 2 PSI pressure variation is allowed. 2) Contractor shall contact Owner's Representative to observe pressure test results. 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: Landscape Irrigation Effective Date Section — 32 8400 Horsetooth and Lemay Medians 05/19/2015 Page - 2 1) Activate each remote control valve in sequence from controller. The Owners' Representative will visually observe operation, water application patterns, and leakage. 2) Replace defective remote control valve, solenoid, wiring, or appurtenance to correct operational deficiencies. 3) Replace, adjust, or move water emission devices to correct operational or coverage deficiencies. 4) Replace defective pipe, fitting, joint, valve, sprinkler, or appurtenance to correct leakage problems. Cement or caulking to seal leaks is prohibited. 5) Repeat test(s) until each lateral passes all tests. G. Central Control System Acceptance Test: 1) Upon completion of the centralized control system installation and Substantial Completion, a System Acceptance Test must be passed. Central control acceptance shall occur prior to final irrigation system acceptance and after 30 day evaluation period. 2) Following Substantial Completion, 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 Substantial Completion, 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 and final irrigation system acceptance. 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. 1.7 CONSTRUCTION REVIEW The purpose of on -site reviews by the Owners' Representative is to periodically observe the work in progress and the Contractor's interpretation of the construction documents and to address questions with regards to the installation. A. Scheduled reviews such as those for irrigation system layout or testing should be scheduled with the Owners' Representative as required by these specifications. Landscape Irrigation Effective Date Section — 32 8400 Horsetooth and Lemay Medians 05/19/2015 Page - 3 B. Impromptu reviews may occur at any time during the project C. Final review will occur at the completion of the irrigation system installation and Record (As - Built) Drawing submittal. 1.8 GUARANTEE/WARRANTY AND REPLACEMENT The purpose of this guarantee/warranty is to insure that the Owner receives irrigation materials of prime quality, installed and maintained in a thorough and careful manner. A. Provide a two(2) year written warranty for material and installation from date of Substantial Completion. B. Expenses due to vandalism before Final Acceptance shall be the contractors responsibility. C. Any settling of backfilled trenches that occurs during warranty period shall be repaired at no expense to the City, including complete restoration of damaged property. D. Once final acceptance is granted, the City will maintain turf and planting areas during warranty period., unless maintenance by Contractor is specified in the contract. Contractor is responsible to monitor and coordinate controller scheduling and maintenance with Parks maintenance staff and or the irrigation controller factory certified technician for any seeding, sodding or planting areas under Contractor's warranty. E. The City Parks staff reserves the right to make temporary repairs during the warranty period as necessary to keep systems in operating condition without voiding the Contractor's warranty, nor relieving the Contractor of his responsibilities. F. Contractor shall make repairs and replacements within three days of notification. If Contractor fails to make repairs within three days, the City will make such repairs at Contractor's expense. 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. Landscape Irrigation Effective Date Section — 32 8400 Horsetooth and Lemay Medians 05/19/2015 Page - 4 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-B, ASTM Standard D1784, with an integral belled end. 2) Use Class 200, SDR-21, rated at 200 PSI, conforming to the dimensions and tolerances established by ASTM Standard D2241. Use PVC pipe rated at higher pressures than Class 200 in the case of small nominal diameters which are not manufactured in Class 200. a. Use solvent weld pipe for mainline pipe with a nominal diameter less than 3-inches or where a pipe connection occurs in a sleeve. Use Schedule 40, Type 1, PVC solvent weld fittings conforming to ASTM Standards D2466 and D1784. Use primer approved by the pipe manufacturer. Solvent cement to conform to ASTM Standard D2564. B. Drip Lateral Pipe and Fittings: 1) Use rigid, unplasticized polyvinyl chloride (PVC) 1120, 1220 National Sanitation Foundation (NSF) approved pipe, extruded from material meeting the requirements of Cell Classification 12454-A or 12454-B, ASTM Standard D1784, with an integral belled end suitable for solvent welding. 2) Use Class 200, SDR-21, rated at 200 PSI, conforming to the dimensions and tolerances established by ASTM Standard D2241. Use PVC pipe rated at higher pressures than Class 200 in the case of small nominal diameters which are not manufactured in Class 200. 3) Use primer approved by the pipe manufacturer. Solvent cement to conform to ASTM Standard D2564, of a type approved by the pipe manufacturer. 4) For drip irrigation laterals downstream of control valves, use UV radiation resistant polyethylene pipe manufactured from Prime Union Carbide G-resin 7510 Natural 7 manufactured by Union Carbide or a Union Carbide Licensee with a minimum of 2% carbon black, and minimum nominal pipe ID dimension of 0.810" for 3/4 inch pipe. Use PVC/compression line fittings compatible with the drip lateral pipe. Use tubing stakes to hold above -ground pipe in place. C. 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. Landscape Irrigation Effective Date Section — 32 8400 Horsetooth and Lemay Medians 05/19/2015 Page - 5 2) Use a dielectric union wherever a copper -based metal (copper, brass, bronze) is joined to an iron -based metal (iron, galvanized steel, stainless steel). 3) Assemblies calling for pre -fabricated double swing joints shall utilize LASCO Unitized swing joints or approved equal. Swing joints shall be rated at 315 psi, and use O-ring and street elbow construction. 4) Low Density Polyethylene Hose: a. Use pipe specifically intended for use as a flexible swing joint. Inside diameter: 0.490+0.010 inch. Wall thickness: 0.100+0.010 inch. Color: Black. b. Use spiral barb fittings supplied by the same manufacturer as the hose. 5) Assemblies calling for threaded pipe connections shall utilize PVC Schedule 80 nipples and PVC Schedule 40 threaded fittings. 6) Joint sealant: Use only Teflon -type tape pipe joint sealant on plastic threads. Use nonhardening, nontoxic pipe joint sealant formulated for use on water -carrying pipes on metal threaded connections. D. Marking Tape: 1) Mainline Pipe - Christy underground I.D. tape TA-DT-3-P-NPW. 2.5 MAINLINE COMPONENTS A. Main System Shutoff Valve: As per local practice and in compliance with local code. B. Winterization Assembly: As per local practice and in compliance with local code. C. Backflow Prevention Assembly: As presented in the installation details. D. Master Valve Assembly: As presented in the installation details. E. Flow Sensor Assembly: As presented in the installation details. F. 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. G. Quick Coupling Valve Assembly: Double swing joint arrangement as presented in the installation details. 2.6 SPRINKLER AND TREE RING IRRIGATION COMPONENTS A. Remote Control Valve (RCV) Assembly for Sprinkler and Tree Ring Laterals: Landscape Irrigation Effective Date Section — 32 8400 Horsetooth and Lemay Medians 05/19/2015 Page - 6 As presented in the installation details. Use wire connectors and waterproofing sealant to join control wires to solenoid valves. Install a separate valve box over a 3-inch depth of 3/4- inch gravel for each assembly. Adjust flow control per manufacturer's recommendations prior to use. I B. Sprinkler Assembly. As presented in the drawings and installation details. C. Tree Ring Assembly: As presented in the drawings and installation details. 2.7 DRIP IRRIGATION COMPONENTS A. Remote Control Valve (RCV) Assembly for Drip Laterals: As presented in the installation details. Use wire connectors and waterproofing sealant to join control wires to solenoid valves. Install a separate valve box over a 3-inch depth of 3/4-inch gravel for each assembly. Adjust flow control per manufacturer's recommendations prior to use. I B. Drip Emitter Assembly: 1) Barb -mounted, vortex and/or pressure compensating emitter device as presented in the installation details. The device shall be Rain Bird Xeri-bug XB-10pc series. 2) Install emitter types and quantities on the following schedule: a. Ground cover plant: 1 single outlet emitter each or 1 single outlet emitter per square foot of planting area, whichever is less. b. Shrub: 2 single outlet emitters each. c. Tree: 4 single outlet emitters each or 1 multi -outlet emitter each (with 4 outlets open). 3) Use 1/4-inch diameter flexible plastic tubing to direct water from emitter outlet to emission point. Length of emitter outlet tubing shall not exceed five feet. Secure emitter outlet tubing with tubing stakes. C. Flush Cap Assembly: as presented in the installation details. Locate at the end of each drip irrigation lateral pipe. Install a separate valve box over a 3-inch depth of 3/4-inch gravel for each assembly. 2.8 CONTROL SYSTEM COMPONENTS A. Irrigation Controller Unit: 1) As presented in the drawings and installation details. 2) Primary surge protection arrestors: Per Manufacturers recommendations. 3) Valve output surge protection arrestors: Per Manufacturers recommendations. 4) Lightning protection: 8-foot copper -clad grounding rod. 5) Wire markers: Pre -numbered or labeled with indelible non -fading ink, made of permanent, non -fading material. Landscape Irrigation Effective Date Section — 32 8400 Horsetooth and Lemay Medians 05/19/2015 Page - 7 B. Instrumentation: 1) As presented in the drawings and installation details. 2) WeatherTrak ET Pro3 compatible weather sensor 3) Flow Sensor: WeatherTRAK FlowShare. C. Control Wire: 1) Use American Wire Gauge (AWG) No. 14 solid copper, Type OF or PE cable, UL approved for direct underground burial from the controller unit to each remote control valve. Use AWG No. 12 wire for common wire. 2) Color: Use white for common ground wire. Use easily distinguished colors for other control wires. Spare control wires shall be of a color different from that of the active control wire. Wire color shall be continuous over its entire length. 3) Splices: Use wire connector with waterproof sealant. Wire connector to be of plastic construction consisting of two (2) pieces, one piece which snap locks into the other. A copper crimp sleeve to be provided with connector. Utilize DBR6-300 splices. 4) Encase wiring not located near PVC irrigation pipe in PVC Schedule 40 electrical conduit. Warning tape: Inert plastic film highly resistant to alkalis, acids, or other destructive chemical components likely to be encountered in soils. Three inches wide, colored yellow, and imprinted with "CAUTION: BURIED ELECTRIC LINE BELOW." D. Existing Control Wire: 1) It is assumed that existing 24 VAC control wire between existing controller and solenoid valves is in workable condition. Any concerns are to be brought to the attention of the Owner prior to installation of the replacement controller. 2.9 OTHER COMPONENTS A. Tools and Spare Parts: Provide operating keys, servicing tools, test equipment, other items, and spare parts indicated in the General Notes of the drawings. PART 3: EXECUTION 3.1 INSPECTIONS AND REVIEWS A. Site Inspections: 1) Verify site conditions and note irregularities affecting work of this section. Report irregularities to the Owners' Representative prior to beginning work. 2) Beginning work of this section implies acceptance of existing conditions. 3) Contractor will be held responsible for coordination between landscape and irrigation system installation. Landscape Irrigation Effective Date Section — 32 8400 Horsetooth and Lemay Medians 05/19/2015 Page - 8 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, 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) 26-inch over control wire. 3) 18-inch over lateral pipe to sprinklers 4) 8-inch over drip lateral pipe in turf or paved areas downstream of drip system zone control valves. 5) 3-inch minimum mulch cover over drip lateral pipe in planting beds downstream of drip system zone control valves. PVC UV radiation resistant lateral pipe shall be installed directly on the soil surface under landscape fabric. C. Backfill only after lines have been reviewed and pressure tested. See section 1.6. D. Excavated material is generally satisfactory for backfill. Backfill shall be free from rubbish, vegetable matter, frozen materials, and stones larger than 2-inches in maximum dimension. Remove material not suitable for backfill. Backfill placed next to pipe shall be free of sharp objects which may damage the pipe. Stones larger than 1-inch maximum dimension are not permitted in first (deepest) 6-inches of backfill. E. Backfill unsleeved pipe and sleeves in either of the following manners: Landscape Irrigation Effective Date Section — 32 8400 Horsetooth and Lemay Medians 05/19/2015 Page - 9 1) Backfill and puddle the lower half of the trench. Allow to dry 24 hours. Backfill the remainder of the trench in 6-inch layers. Compact to density of surrounding soil. 2) Backfill the trench by depositing the backfill material equally on both sides of the pipe in 6-inch layers and compacting to the density of surrounding soil. F. Backfill unsleeved pipe by depositing the backfill material equally on both sides of the pipe in 6-inch layers and compacting each layer to 90% Standard Proctor Density, ASTM D698-78. 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. 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. I. 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 "s" at sleeve end locations. C. Bore for sleeves under obstructions which cannot be removed. Employ equipment and methods designed for horizontal boring. 3.5 ASSEMBLING PIPE AND FITTINGS A. General: 1) Keep pipe free from dirt and pipe scale. Cut pipe ends square and debur. Clean pipe ends. 2) Keep ends of assembled pipe capped. Remove caps only when necessary to continue assembly. B. Mainline Pipe and Fittings: 1) Use only strap -type friction wrenches for threaded plastic pipe. 2) PVC Solvent Weld Pipe: Landscape Irrigation Effective Date Section — 32 8400 Horsetooth and Lemay Medians 05/19/2015 Page - 10 a. Use primer and solvent cement. Join pipe in a manner recommended by the manufacturer and in accordance with accepted industry practices. b. Cure for 30 minutes before handling and 24 hours before allowing water in pipe. c. Snake pipe from side to side within the trench. 3) Fittings: The use of cross type fittings is not permitted. C. Lateral Pipe and Fittings: 1) Use only strap -type friction wrenches for threaded plastic pipe. 2) PVC Solvent Weld Pipe: a. Use primer and solvent cement. Join pipe in the manner recommended by the manufacturer and in accordance with accepted industry practices. b. Cure for 30 minutes before handling and 24 hours before allowing water in the pipe. c. Snake pipe from side to side within the trench. 3) Fittings: The use of cross type fittings is not permitted. D. Specialized Pipe and Fittings: 1) Copper Pipe: a. Buff surfaces to be joined to a bright finish. Coat with solder flux. b. Solder so that a continuous bead shows around the joint circumference. 2) Insert a dielectric union wherever a copper -based metal (copper, brass, bronze) and an iron -based metal (iron, galvanized steel, stainless steel) are joined. 3) Pre -fabricated double swing joints: Install per manufacturer's recommendations. 4) Low Density Polyethylene Hose: Install per manufacturer's recommendations. 5) PVC Threaded Connections: a. Use only factory -formed threads. Field -cut threads are not permitted. b. Use only Teflon -type tape. c. When connection is plastic -to -metal, the plastic component shall have male threads and the metal component shall have female threads. 6) Make metal -to -metal, threaded connections with Teflon -type tape or pipe joint compound applied to the male threads only. Landscape Irrigation Effective Date Section — 32 8400 Horsetooth and Lemay Medians 05/19/2015 Page - 11 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best 3.6 INSTALLATION OF MAINLINE COMPONENTS A. Main System Shut Off Valve: Install where indicated on the drawings. B. Winterization Assembly: Install where indicated on the drawings. C. Backflow Prevention Assembly: Install where indicated on the drawings. Install assembly so that its elevation, orientation, access, and drainage conform to the manufacturer's recommendations and applicable health codes. D. Master Valve Assembly: Install where indicated on the drawings. E. Isolation Gate Valve Assembly: 1) Install where indicated on the drawings. 2) Locate at least 12-inches from and align with adjacent walls or edges of paved areas. F. Quick Coupling Valve Assembly: Install where indicated on the drawings. 3.7 INSTALLATION OF SPRINKLER AND TREE RING IRRIGATION COMPONENTS A. Remote Control Valve (RCV) Assembly for Sprinkler and Tree ring 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 areas. 5) Set sprinklers perpendicular to the finish grade. 6) Supply appropriate nozzle or adjust arc of coverage of each sprinkler for best performance. Landscape Irrigation Effective Date Section — 32 8400 Horsetooth and Lemay Medians 05/19/2015 Page - 12 7) Adjust the radius of throw of each sprinkler for best performance. C. Tree Ring Assembly: 1) Flush lateral pipe before installing bubbler assembly. 2) Install bubbler assembly per the installation details at locations shown on the drawings. 3) Adjust the output flow of each Tree Ring 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. Drip Emitter Assembly: 1) Locate as shown on the drawings and installation details. 2) Flush lateral pipe before installing emitter assembly. 3) Cut emitter outlet distribution tubing square. 4) 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. C. Flush Cap Assembly: Install at the end of each drip irrigation lateral pipe as shown on the installation details. 3.9 INSTALLATION OF CONTROL SYSTEM COMPONENTS A. Irrigation Controller Unit: 1) The location of the controller unit as depicted on the drawings is approximate; the Owners' Representative will determine the exact site location upon commencement of contract. during sprinkler layout review. Landscape Irrigation Effective Date Section — 32 8400 Horsetooth and Lemay Medians 05/19/2015 Page - 13 2) Lightning protection: Ground rods are to have a minimum diameter of 5/8" and a minimum length of 10 feet. These are to be driven into the ground in a vertical position or an oblique angle not to exceed 45 degrees at a location 10 feet from the electronic equipment, the ground plate, or the wires and cables connected to said equipment, as shown in the irrigation details. The rod is to be stamped with the UL logo. A 6 AWG solid bare copper wire (about 12 feet long) shall be connected to the ground rod by the installer using a Cadweld GR1161G "One -Shot" welding kit [Paige Electric part number 1820037.] This wire shall be connected to the electronic equipment ground lug as shown in the detail above. 3) Install primary surge protection arrestors on incoming power lines. 4) Install one valve output surge protection arrestor on each control wire and one for the common wire. 5) Attach wire markers to the ends of control wires inside the controller unit housing. Label wires with the identification number (see drawings) of the remote control valve to which the control wire is connected. 6) Install a 120-volt, 15 amp switched and grounded 3-prong receptacle with GFIC inside the controller unit housing. 7) Connect control wires to the corresponding controller terminal. B. Instrumentation: 1) Install sensors per the installation details and manufacturer's recommendations. Install at locations shown on the drawings. 2) Install electrical connections between irrigation controller and sensors per manufacturer's recommendations. C. Control Wire: 1) Bundle control wires where two or more are in the same trench. Bundle with pipe wrapping tape spaced at 10-foot intervals. 2) Provide a 24-inch excess length of wire in an 8-inch diameter loop at each 90 degree change of direction, at both ends of sleeves, and at 100-foot intervals along continuous runs of wiring. Make wiring loop by turning control wire 5 turns around 1-inch pipe. Coil 24-inch length of wire within each remote control valve box. 3) Install common ground wire and one control wire for each remote control valve. Multiple valves on a single control wire are not permitted. 4) If a control wire must be spliced, make splice with wire connectors and waterproof sealant, installed per the manufacturer's instructions. Locate splice in a valve box which contains an irrigation valve assembly, or in a separate 6-inch round valve box. Use same procedure for connection to valves as for in -line splices. 5) Unless noted on plans, install wire parallel with and under PVC mainline pipe. If wire is installed adjacent to section of metal pipe, separate wire from pipe minimum of 6-inches and install wire in PVC conduit. Landscape Irrigation Effective Date Section — 32 8400 Horsetooth and Lemay Medians 05/19/2015 Page - 14 6) 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 A. Maintain on -site and separate from documents used for construction, one complete set of contract documents as Project Documents. Keep documents current. Do not permanently cover work until as -built information is recorded. B. Record pipe and wiring network alterations. Record work which is installed differently than shown on the construction drawings. Record accurate reference dimensions, measured from at least two permanent reference points, of each irrigation system valve, each backflow prevention device, each controller or control unit, each sleeve end, each stub -out for future pipe or wiring connections, and other irrigation components enclosed within a valve box. C. Controller Zone Maps and Programming Schedule: 1. Do not prepare zone maps or irrigation controller charts until record drawings have been reviewed and approved by the Project Manager. The Project Manager shall provide an example of Controller Charts and zone map required. 2. Provide one controller zone map for each automatic controller installed. a. Zone Map shall be reproduction of record drawing, one page sized eleven inch by seventeen inch (11" X 17"). b. Zone Map shall be print of actual record drawing of the system, showing the entire area covered by that controller on one sheet. c. Identify controller, all remote valves and lateral lines of each remote control valve, using a distinctly different color for each zone. Include the entire area of the controller's coverage. Provide a legend. 3. Provide one zone map for the entire project. a. Zone Map shall be reproduction of record drawing, one page maximum thirty-six inch by forty-eight inch (36" X 48"), photo reduced to maximum size and legibility. Landscape Irrigation Effective Date Section — 32 8400 Horsetooth and Lemay Medians 05/19/2015 Page - 15 b. Identify all controllers, remote valves and lateral lines using different colors to distinguish adjacent zones. D. Prior to Final Review, purchase from the Owners' Representative a reproducible mylar copy of the drawings. Using technical drafting pen, duplicate information contained on the project drawings maintained on site. Label each sheet "Record Drawing". Completion of the Record Drawings will be a prerequisite for the Final Review. 3.12 MAINTENANCE A. 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, tools, excess materials, and rubbish. End of Section Landscape Irrigation Effective Date Section — 32 8400 Horsetooth and Lemay Medians 05/19/2015 Page - 16 This Page Lett Intentionally Blank CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado SECTION 02920 - LAWNS AND GRASSES PART] -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Sodding. 2. Lawn renovation. 3. Maintenance. 4. Warranty. 1.3 DEFINITIONS A. Finish Grade: Elevation of finished surface of planting soil. B. Planting Soil: Native or imported topsoil, manufactured topsoil, or surface soil modified to become topsoil; mixed with soil amendments. C. Subgrade: Surface or elevation of subsoil remaining after completing excavation, or top surface of a fill or backfill immediately beneath planting soil. D. Subsoil: 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. Certification of Grass Seed: From seed vendor for each grass -seed monostand 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. C. Product Certificates: For soil amendments and fertilizers, from manufacturer. LAWNS AND GRASSES 02920 - 1 CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado D. Certification of Plugging: From seed vendor for each plug type stating the botanical and common name of each species and variety. Include the year of production. Identify source, including name and telephone number of supplier. E. Material Test Reports: For existing surface soil and imported topsoil, if stockpiled topsoil is not sufficient. F. Planting Schedule: Indicating anticipated planting dates for each type of planting. G. Maintenance Instructions: Recommended procedures to be established by Owner for maintenance of lawns during 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. 1. Installer's 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. 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. 1. Report suitability of topsoil for lawn 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. Sod: Harvest, deliver, store, and handle sod according to requirements in TPI's "Specifications for Turfgrass Sod Materials" and "Specifications for Turfgrass Sod Transplanting and Installation" in its "Guideline Specifications to Turfgrass Sodding." Deliver sod in time for planting within 24 hours of harvesting. Protect sod from breakage and drying. 1.7 PROJECT CONDITIONS A. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit. LAWNS AND GRASSES 02920 - 2 CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado 1.8 MAINTENANCE SERVICE A. Initial Lawn Maintenance Service: Provide full maintenance by skilled employees of landscape Installer. Maintain as required in Part 3. Begin maintenance immediately after each area is planted and continue through Warranty Period. 1.9 WARRANTY A. Special Warranty: Installer's standard form in which Installer agrees to repair or replace plantings and accessories that fail in materials, workmanship, or growth within specified warranty period. Failures include, but are not limited to, the following: a. Death and unsatisfactory growth, except for defects resulting from lack of adequate maintenance, neglect, abuse by Owner, or incidents that are beyond Contractor's control. b. Structural failures including plantings falling or blowing over. C. Deterioration of metals, metal finishes, and other materials beyond normal weathering. 2. Warranty Periods from date of Substantial Completion: a. Two (2) years. PART2-PRODUCTS 2.1 TURFGRASS SOD A. Turfgrass Sod: Certified Approved Number I Quality/Premium, including limitations on thatch, weeds, diseases, nematodes, and insects, complying with TPI's "Specifications for Turfgrass Sod Materials" in its "Guideline Specifications to Turfgrass Sodding." Furnish viable sod of uniform density, color, and texture, strongly rooted, and capable of vigorous growth and development when planted. B. Turfgrass Species: Sod of grass species as follows, with not less than 95 percent germination, not less than 85 percent pure seed, and not more than 0.5 percent weed seed: Full Sun: Kentucky bluegrass (Poa pratensis), a minimum of three (3) cultivars. 2.2 TOPSOIL A. Topsoil: ASTM D 5268, pH range of 5.5 to 7, a minimum of four (4) percent organic material content; free of stones I inch or larger in any dimension and other extraneous materials harmful to plant growth. LAWNS AND GRASSES 02920 - 1 CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado 1. Topsoil Source: Reuse surface soil stockpiled on -site. 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. If required supplement with imported or manufactured topsoil from off -site sources when quantities are insufficient. 2.3 ORGANIC SOIL AMENDMENTS A. Organic amendment shall be Class I compost. 1. Supplier: a. A-] Organics. b. Approved substitute. Must be approved seven (7) days prior to bidding. 2.4 PLANTING ACCESSORIES A. Selective Herbicides: EPA registered and approved, of type recommended by manufacturer for application. 2.5 FERTILIZER A. Fertilizer for turf shall be commercial type, of uniform composition, free flowing, and conforming to applicable state and federal laws. Fertilizer shall be formulated to meet the suggestions of the soil -testing laboratory for turf fertilization 2.6 MULCHES A. Not Applicable. 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. LAWNS AND GRASSES 02920 - 4 interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data. as may be requested in the Bid Form or prior to the Notice of Award. 17.1 OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado 1. Protect adjacent and adjoining areas from hydromulching 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 LAWN PREPARATION A. Limit lawn subgrade preparation to areas to be planted. B. Newly Graded Subgrades: Loosen subgrade to a minimum depth of 12 inches. Remove stones larger than 1 inch in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property. Apply organic amendments at a rate of 3 CY / 1000 s.f. in Sod areas only. Do not apply organic amendments to native seed/wetland plug areas. Do not spread if organic amendment or subgrade is frozen, muddy, or excessively wet.. a. Reduce elevation of planting soil to allow for soil thickness of sod. C. Finish Grading: Grade planting areas to a smooth, uniform surface plane with loose, uniformly fine texture. Grade to within plus or minus 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. D. Moisten prepared lawn areas before planting if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. E. Before planting, restore areas if eroded or otherwise disturbed after finish grading. 3.4 SODDING A. Lay sod within twenty-four (24) hours of harvesting. Do not lay sod if dormant or if ground is frozen or muddy. B. Lay sod to forma solid mass with tightly fitted joints. Butt ends and sides of sod; do not stretch or overlap. Stagger sod strips or pads to offset joints in adjacent courses. Avoid damage to subgrade or sod during installation. Tamp and roll lightly to ensure contact with subgrade, eliminate air pockets, and form a smooth surface. Work sifted soil or fine sand into minor cracks between pieces of sod; remove excess to avoid smothering sod and adjacent grass. Lay sod across angle of slopes exceeding 1:3. C. Saturate sod with fine water spray within two hours of planting. During first week after planting, water daily or more frequently as necessary to maintain moist soil to a minimum depth of 1-1/2 inches below sod. LAWNS AND GRASSES 02920 - 5 CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado 3.5 LAWN RENOVATION A. Renovate existing lawn areas if disruption occurs beyond the "limit of work" boundary. B. Renovate existing lawn damaged by Contractor's operations, such as storage of materials or equipment and movement of vehicles. 1. Reestablish lawn where settlement or washouts occur or where minor re -grading is required. 2. Provide new topsoil and soil preparation as required. C. Remove sod and vegetation from diseased or unsatisfactory lawn areas; do not bury in soil. D. Remove topsoil containing foreign materials resulting from Contractor's operations, including oil drippings, fuel spills, stone, gravel, and other construction materials, and replace with new topsoil. E. Apply sod as required for new lawns. F. Water newly planted areas and keep moist until new lawn is established (thru Warranty Period). 3.6 LAWN MAINTENANCE A. Maintain and establish lawn by watering, fertilizing, weeding, mowing, trimming, replanting, and other operations as required from initial installation thru Warranty. Roll, regrade, and replant bare or eroded areas and re -mulch to produce a uniformly smooth lawn. Provide materials and installation the same as those used in the original installation. B. Watering: Provide and maintain irrigation to convey water from sources and to keep lawn uniformly moist to a depth of 4 inches. 1. Schedule watering to prevent wilting, puddling, erosion, and displacement of seed or mulch. Lay out temporary watering system to avoid walking over muddy or newly planted areas. 2. Water lawn with fine spray at a minimum rate of one (1) inch per week unless rainfall precipitation is adequate. C. Mow lawn as soon as top growth is tall enough to cut. Repeat mowing to maintain specified height without cutting more than 1/3 of grass height. Remove no more than 1/3 of grass -leaf growth in initial or subsequent mowings. Do not delay mowing until grass blades bend over and become matted. Do not mow when grass is wet. Schedule initial and subsequent mowings to maintain the following grass height: Mow grass to a height of 2 to 3 inches. LAWNS AND GRASSES 02920 - 6 CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado 3.7 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 02920 LAWNS AND GRASSES 02920 - 7 This Page Left Intentionally Blank CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado SECTION 02930 - EXTERIOR PLANTS PART 1 - GENERAL 1.12 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. I�it�Y�Jislumi'/ A. Section Includes: 1. Shrubs. 2. Ornamental Grass. 3. Perennials. 4. Organic Mulch. 5. Inorganic (cobble) Mulch 6. Organic Amendment. 7. Weed barrier. 8. Tree Stabilization Materials 9. Edger 10. Fertilizer 11. Planting Mix — topsoil/organic amendment/onsite soils. 12. Warranty. 13. Maintenance. B. Related Sections: 1. Section 02380 — Site Rock Work 2. Section 02231 — Tree Protection 1.14 UNIT PRICES A. Work of this Section is affected by Unit Prices specified in Division I Section "Unit Prices." 1. Unit prices apply to authorized work covered by quantity allowances. 2. Unit prices apply to additions to and deletions from Work as authorized by Change Orders. 1.15 DEFINITIONS A. Backfill: The earth used to replace or the act of replacing earth in an excavation. B. Balled and Burlapped Stock: Exterior plants dug with firm, natural balls of earth in which they are grown, with ball size not less than diameter and depth recommended by ANSI Z60.1 for EXTERIOR PLANTS 02930 - I CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado type and size of tree or shrub required; wrapped, tied, rigidly supported, and drum laced as recommended by ANSI Z60.1. C. Balled and Potted Stock: Exterior plants dug with firm, natural balls of earth in which they are grown and placed, unbroken, in a container. Ball size is not less than diameter and depth recommended by ANSI Z60.1 for type and size of exterior plant required. D. Clump: Where three (3) or more young trees were planted in a group and have grown together as a single tree having three (3) or more main stems or trunks. E. Container -Grown Stock: Healthy, vigorous, well -rooted exterior plants grown in a container with well -established root system reaching sides of container and maintaining a firm ball when removed from container. Container shall be rigid enough to hold ball shape and protect root mass during shipping and be sized according to ANSI Z60.1 for type and size of exterior plant required. F. Finish Grade: Elevation of finished surface of planting soil. G. Multi -Stem: Where three or more main stems arise from the ground from a single root crown or at a point right above the root crown. H. Sub -grade: Surface or elevation of subsoil remaining after completing excavation, or top surface of a fill or backfrll, before placing planting soil. I. Sub -soil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil organisms. J. Owner's Representative: The Project Manager or other City of Fort Collins staff designated by the Project Manager. 1.16 SUBMITTALS A. Product Data: For each type of product indicated. B. Samples for Verification: For each of the following: 1. 1 lb. of in -organic (rock) mulch for each type, color and texture of stone required, in labeled plastic bags. Provide name of Supplier and product name. 2. Samples of proposed organic mulch type NOT required. Material specified shall be provided by the City of Fort Collins Forestry Division. See Mulches, this section for additional information. 3. Imported Topsoil (for planting pits): Submit sample in a plastic baggie, and include topsoil analysis. Provide product type, supplier and phone number. Product delivered to site shall match the submitted sample. Submit delivery receipts to Owner's Representative for review. 4. Organic Amendment: Submit sample in a plastic baggie. Product delivered to site shall match the submitted sample. Submit organic amendment delivery receipts to Owner's Representative for review. EXTERIOR PLANTS 02930 - 2 CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado 5. Organic Amendment Analysis: Submit copies of amendment analysis from qualified soil testing laboratory. 6. Weed barrier: Submit brand name and model number/name of proposed weed barrier to be used. 7. Tree Stakes, Webbing, etc.: Submit sample of each. 8. Edger and stakes 9. Fertilizer product data sheet. 10. Landscape and Irrigation Maintenance Instructions C. Product Certificates: For each type of manufactured product, from Manufacturer, and complying with the following: 1. Manufacturer's certified analysis for standard products. 2. Analysis of other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists, where applicable. D. Planting Schedule: Indicating anticipated planting dates for exterior plants. E. Warranty: Sample of warranty. 1.17 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful establishment of exterior plants. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when planting is in progress. B. Topsoil Analysis: Furnish soil analysis by a qualified soil -testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; sodium absorption ratio; deleterious material; pH; and mineral and plant -nutrient content of topsoil. C. Provide quality, size, genus, species, and variety of exterior plants indicated, complying with applicable requirements in ANSI Z60.1, "American Standard for Nursery Stock." D. Tree and Shrub Measurements: Measure according to ANSI Z60.1 with branches and trunks or canes in their normal position. Do not prune to obtain required sizes. Take caliper measurements 6 inches above the ground for trees up to four -inch (4") caliper size, and twelve inches (12") above the ground for larger sizes. Measure main body of tree or shrub for height and spread; do not measure branches or roots tip -to -tip. E. Observation: The Owner's Representative will observe trees and shrubs either at place of growth or at site before planting for compliance with requirements for genus, species, variety, size, and quality. Representative retains right to observe trees and shrubs further for size and condition of balls and root systems, insects, injuries, and latent defects and to reject unsatisfactory or defective material at any time during progress of work. Remove rejected trees or shrubs immediately from Project site. EXTERIOR PLANTS 02930 - 3 CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado Notify Owner's Representative of sources of planting materials seven (7) days in advance of delivery to site. 1.18 DELIVERY, STORAGE, AND HANDLING A. Do not prune trees and shrubs before delivery except as approved by the Owner's Representative. Protect bark, branches, and root systems from sun scald, drying, sweating, whipping, and other handling and tying damage. Do not bend or bind -tie trees or shrubs in such a manner as to destroy their natural shape. Provide protective covering of exterior plants during delivery. Do not drop exterior plants during delivery and handling. B. Handle planting stock by root ball. C. Deliver exterior plants after preparations for planting have been completed and install immediately. If planting is delayed more than six hours after delivery, set exterior plants and trees in shade, protect from weather and mechanical damage, and keep roots moist. 1. Set balled stock on ground and cover ball with soil, peat moss, sawdust, or other acceptable material. 2. Do not remove container -grown stock from containers before time of planting. 3. Water root systems of exterior plants stored on -site with a fine -mist spray. Water as often as necessary to maintain root systems in a moist condition. 1.19 PROJECT CONDITIONS A. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit planting to be performed according to manufacturer's written instructions and warranty requirements. B. Coordination with seeding operations: Plant trees and shrubs after finish grades are established unless otherwise acceptable to Owner's Representative. 1.20 INSPECTIONS A. Site Inspection: 1. Contact Owner's Representative seven (7) days in advance. Contractor will inspect existing site conditions and note irregularities affecting the work of this section. Verify that existing grades are satisfactory. Verify that the areas to be re -vegetated are protected from concentrated runoff and sediment from adjacent areas. Note previous treatments to the areas such as temporary seeding or mulching and discuss with the Owner's Representative how these treatments will affect permanent re -vegetation. Report irregularities affecting work of this section to the Owner's Representative before initiating work. When the Contractor begins work under this section, it implies acceptance of existing conditions. 2. Contractor shall notify Owner's Representative seven (7) days prior to start of work. EXTERIOR PLANTS 02930 - 4 CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado B. Pre -planting Inspections: 1. Plant material shall be inspected by an Owner's Representative before planting. Inspection of materials may be sequenced by major planting areas to accommodate efficient planting operations. Plants for inspection must be in a single location preferably on the project site. Rejected materials must be removed from the site, replaced and re- inspected before planting. If the supplier is a local nursery, tagged plants may be inspected at the nursery. Photographs of the plant materials to be obtained from non - local sources may be submitted to the Owner's Representative for preliminary inspection. This preliminary inspection is subject to final approval of plants at the job site. The Owner's Representative reserves the right to reject plant material during construction and the warranty period. 2. Soil amendments, backf ill mixes and mulches will be inspected at the site by the Owner's Representative before they are used in planting operations. 3. Obtain Owner Representative's review of staked locations of trees before digging for those plants occurs. Obtain Owner Representative's review of the location of shrubs in their containers at the proposed locations before digging commences. Contact Owner's Representative at least two (2) days in advance. C. Substantial Completion Inspection: 1. As soon as planting is completed, a review and preliminary inspection to determine the condition of the vegetation will be held by the Owner's Representative upon request by the Contractor. 2. The inspection will occur only after the following conditions have been met: a. Landscape areas will be free of weeds and neatly cultivated; b. Plant basins shall be in good repair; C. Irrigation systems shall be fully operational with heads properly adjusted; d. Debris and litter shall be cleaned up and walkways and curbs shall be cleaned of soil and debris left from planting operations. 3. If, after the inspection, the Owner's Representative is of the opinion that the work has been performed as per the Contract Documents, and that the vegetation is in satisfactory growing condition, he will give the Contractor Written Notice of Acceptance and the Warranty period shall begin. 4. Work requiring corrective action in the judgment of the Owner's Representative shall be performed within the first ten (10) days of the warranty period. Work not performed within this time will require an equivalent extension of the warranty period. Corrective work and materials replacement shall be in accordance with the Contract Documents, and shall be made by the Contractor at no cost to the Owner. 5. On occasion, cold weather may preclude the opportunity to replace dead plants, or the contractor may request replacement to be delayed to the following spring. The Owner's Representative may grant this extension. In the event an extension is granted, the replacement plants shall be installed no later than May 15'', and the warranty for the replacement plants shall be extended two full years from date of installation. 6. Final approval and Substantial Completion notice will be given when deficiencies are corrected. EXTERIOR PLANTS 02930 - 5 CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado 1.21 WARRANTY A. Warranty: Installer's standard form in which Installer agrees to repair or replace plantings and accessories that fail in materials, workmanship, or growth within specified warranty period. Failures include, but are not limited to, the following: a. Death and unsatisfactory growth, except for defects resulting from lack of adequate maintenance, neglect, abuse by Owner, or incidents that are beyond Contractor's control. b. Structural failures including plantings falling or blowing over. C. Faulty operation of tree stabilization. d. Deterioration of metals, metal finishes, and other materials beyond normal weathering. 2. Warranty Periods from Date of Substantial Completion: a. Trees, Shrubs, Perennials, and Ornamental Grasses: Two (2) years. 3. Include the following remedial actions as a minimum: a. Remove dead exterior plants immediately. Replace immediately unless required to plant in the succeeding planting season. b. Replace exterior plants that are more than twenty-five percent (25%) dead or in an unhealthy condition at end of warranty period. C. Provide extended warranty for replaced plant materials; warranty period equal to original warranty period. 1.22 MAINTENANCE SERVICE A. Maintenance Service for Plant Material: Contractor shall provide full maintenance of landscape, including hand watering as needed, by skilled employees from initial installation for a period of 4 weeks or until irrigation system is fully operational, whichever comes first. City of Fort Collins will accept maintenance responsibility after 4 week hand watering period elapses or after irrigation system is fully operational. Contractor shall provide City of Fort Collins with landscape and irrigation maintenance instructions and set up (1) meeting to discuss maintenance requirements with City of Fort Collins. City of Fort Collins accepting maintenance responsibility does not remove or negate plant warrantee(s). PART2-PRODUCTS 2.01 TREE AND SHRUB MATERIAL A. General: Furnish nursery -grown trees and shrubs complying with ANSI Z60.1, with healthy root systems developed by transplanting or root pruning. Provide well -shaped, fully branched, EXTERIOR PLANTS 02930 - 6 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado 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 2.02 SHADE AND FLOWERING 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. Provide balled and burlapped trees as specified on the Plant List on the Drawings. 2.03 DECIDUOUS SHRUBS A. Form and Size: Shrubs with not less than the minimum number of canes required by and measured according to ANSI Z60.1 for type, shape, and height of shrub. 1. Provide container -grown shrubs. 2. Size of plants/containers as specified on the Plant List located on the Drawings. 2.04 ORNAMENTAL GRASSES A. Provide healthy, disease -free plants of species and variety shown or listed, with well -established root systems reaching to sides of the container to maintain a firm ball, but not with excessive root growth encircling the container. Provide only plants that are acclimated to outdoor conditions before delivery. B. Plants: Provide healthy, field -grown plants from a commercial nursery, of species and variety shown or listed, complying with requirements in ANSI Z60.1. Size of plants/containers as specified on the Plant List located on the Drawings. 2.05 PERENNIALS A. Provide healthy, disease -free plants of species and variety shown or listed, with well -established root systems reaching to sides of the container to maintain a firm ball, but not with excessive root growth encircling the container. Provide only plants that are acclimated to outdoor conditions before delivery. B. Plants: Perennials: Provide healthy, field -grown plants from a commercial nursery, of species and variety shown or listed, complying with requirements in ANSI Z60.1. EXTERIOR PLANTS 02930 - 7 CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado Size of plants/containers as specified on the Plant List located on the Drawings. 2.06 PLANTING MIX A. Topsoil: ASTM D 5268, pH range of 5.5 to 7, a minimum of four percent (4%) organic material content; free of stones one inch (1") or larger in any dimension and other extraneous materials harmful to plant growth. Submit a minimum of two (2) samples of soil to the Colorado State University Soil Testing laboratory for analysis and fertilizer recommendations. Samples shall be taken from widely varying sections of the site. I. Supplement with imported or manufactured topsoil from off -site sources when quantity is insufficient, or when topsoil does not meet requirements listed above in section 2.06 A. Obtain topsoil displaced from naturally well -drained construction or mining sites where topsoil occurs at least four inches (4") deep; do not obtain from agricultural land, bogs or marshes. 2. Topsoil shall be incidental to the installation of the plant material. B. Organic Soil Amendment (Compost): 1. Organic Amendment shall be Class I Compost, meeting the specifications and guidelines established by the Rocky Mountain Organics Council. Supplier shall be A-1 Organics or approved substitute. Substitute shall be approved (7) seven days min. prior to bidding. C. Planting Pit Backfill Soil Mix for Median Renovations: Two (2) parts topsoil, one (1) part organic soil amendment. D. `Berm Soil' shall be comprised of topsoil, amend per section 3.3 and 3.4 below: See Drawings. 2.07 MULCHES A. Organic Mulch: Free from deleterious materials and suitable as a top dressing of trees and shrubs, consisting of the following. When project is ready to be mulched, Contractor shall coordinate with Steve Lukowski in Parks (416.2063) and Del Bernhardt (Forestry Supervisor) to see if Forestry can supply wood mulch material for the project (see Option B below). OPTION A: Shredded redwood mulch `gorilla hair', 4" depth — no weed barrier required. Price this option. 2. OPTION B: If Forestry can supply wood mulch material for the project, proceed with Option B. Wood Chipper Mulch: Ground or shredded, 4" depth — no weed barrier required. a. Organic Mulch will be supplied by the City of Fort Collins Forestry Division, located at the southwest section of East Prospect and Timberline. Contact the Forestry Supervisor (Del Bernhardt) at 970.221.6306 three days ahead of need to schedule pick up. City will load the material into the Contractors vehicle (free of charge) for transport to the site. Contractor's responsibilities shall include Contractor pickup at the above location, hauling material to the site and installation. EXTERIOR PLANTS 02930 - 8 CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado 3. Inorganic (cobble) Mulch - weed barrier required. Hard, durable stone, washed free of loam, sand, clay, and other foreign substances, of following type, size range, and color: a. Size Range: 2/3 shall be 2"4", 1/3 shall be 5"-12" b. Color: Uniform tan -beige color range acceptable to Owner's Representative (white, rose, blue will be rejected). C. Depth: 3" minimum d. Location: As shown on drawings e. Installation: Place larger stone first, then place smaller stone. Contractor shall install a 10' long section of cobble mulch x width of median to be reviewed and approved prior to installing remaining cobble mulch. 2.08 WEED -CONTROL BARRIERS A. Miraft 140, Typar 3341, or Polyspun 300 or approved equivalent 2.09 TREE STABILIZATION MATERIALS A. Tree Stakes — Eight foot (8') long, round wood stakes, commercial grade — install (2) stakes parallel to flow of traffic B. Guy Anchors — 24" long metal "t" posts or approved equivalent. Metal "t" posts not allowed on City of Fort Collins project. C. Guying and Staking Cord - 14AWG wire with 1/2" X 12" PVC sleeves. D. Webbing: 2" wide nylon webbing. Hose is not permitted. 2.10 MISCELLANEOUS PRODUCTS A. Trunk -Wrap Tape: Two (2) layers of crinkled paper cemented together with bituminous material, 4-inch wide minimum, with stretch factor of thirty-three percent (33%). 2.11 LANDSCAPE HEADERS 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. 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. EXTERIOR PLANTS 02930 - 9 CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado 2. Header Size: minimum of 1/8 inch wide by 4" inches deep. 3. Stakes: Tapered steel, a minimum of twelve inches (12"). 4. Accessories: Standard tapered ends, corners and splicers. 5. Finish: Standard paint. 2.12 FERTILIZER A. Fertilizer for trees, shrubs, and perennials shall be Osmocote Plus, 9 month slow release fertilizer for northern states. Apply per manufacturer's recommendations. B. Treble superphosphate (for ornamental grasses only). Commercially available brand. Submit proposed formulation and company name. PART3 - 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. Contractor is responsible for contacting the Utility notification Center of Colorado a minimum of 48 hours prior to digging in order to field located underground utilities. B. Protect structures, utilities, sidewalks, pavements, and other facilities, and lawns and existing exterior plants from damage caused by planting operations. C. 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. D. Lay out exterior plants at locations directed by Owner's Representative. Stake locations of individual trees and shrubs and outline areas for multiple plantings. E. Trunk Wrapping. Inspect tree trunks for injury, improper pruning, and insect infestation; take corrective measures required before wrapping. Wrap all deciduous single trunk trees with trunk -wrap tape. Start at base of trunk and spiral cover trunk to height of first branches. Overlap wrap, exposing half the width, and securely attach without causing girdling. 3.3 TOPSOIL A. Imported Topsoil: 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. EXTERIOR PLANTS 02930 - 10 CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado Additional Properties of Imported Topsoil or Manufactured Topsoil: Screened and free of stones 1 inch or larger in any dimension; free of roots, plants, sod, clods, clay lumps, pockets of coarse sand, paint, paint washout, concrete slurry, concrete layers or chunks, cement, plaster, building debris, oils, gasoline, diesel fuel, paint thinner, turpentine, tar, roofing compound, acid, and other extraneous materials harmful to plant growth; free of obnoxious weed and invasive plants including quackgrass, Johnsongrass, poison ivy, nutsdge, 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. 3.4 PLANTING BED ESTABLISHMENT — Items A-E below apply to planting beds outside drip line of existing trees only. For planting beds inside drip line of existing trees, apply ''/z" of Soil Amendment on top of existing grade and incorporate by gently raking. A. Excavate areas to be planted a minimum 12", except within tree protection zones/drip line of tree. Owner's Representative reserves right to require a greater distance than the drip line if site conditions dictate. B. Remove stones larger than two (2) inches in any dimension and sticks, dirt clods, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property. Spread topsoil a minimum of 12". Place topsoil during dry weather and on dry, unfrozen subgrade. Remove vegetative matter and foreign non -organic material from topsoil while spreading. Thoroughly blend topsoil and planting soil mix. C. For planting beds outside drip line of existing trees, Soil Amendment (compost) shall be required at a rate of 3 CY per 1,000 S.F. For planting beds inside drip line of existing trees, see 3.4 above. D. Finish Grading: Grade planting beds 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. E. Before planting, restore planting beds if eroded or otherwise disturbed after finish grading. 3.5 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. For material outside drip line of existing trees, excavate approximately two (2) times as wide as ball diameter for balled and burlapped stock. For material inside drip line of EXTERIOR PLANTS 02930 - 11 CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado existing trees, holes for I gallon material shall be excavated the diameter of container root ball plus 2". B. Sub -soil removed from excavations pjay be used as backfill. C. Obstructions: Notify Owner's Representative if unexpected rock or obstructions detrimental to trees or shrubs are encountered in excavations. D. Drainage: Notify Owner's Representative if subsoil conditions evidence unexpected water seepage or retention in tree or shrub pits. 1. Fill excavations with water and allow to percolate away before positioning trees and shrubs. 3.6 TREE AND SHRUB PLANTING A. Before planting, verify that root flare is visible at top of root ball according to ANSI Z60.1. See Drawings for planting details. 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, twine, wire basket, etc. from root ball, unless directed otherwise by Owner's Representative. Remove pallets, if any, before setting. Do not use planting stock if root ball is cracked or broken before or during planting operation. 2. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate voids and air pockets. When pit is approximately one-half backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. Water again after placing and tamping final layer of planting soil mix. C. Set container -grown stock plumb and in center of pit or trench with top of root ball two inches (2") above adjacent finish grades. 1. Carefully remove root ball from container without damaging root ball or plant. 2. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate voids and air pockets. When pit is approximately one-half backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. Water again after placing and tamping final layer of planting soil mix. D_ Trunk Wrapping: Inspect tree trunks for injury, improper pruning, and insect infestation; take corrective measures required before wrapping. Wrap trees of two-inch (2") caliper and larger with trunk -wrap tape in the Fall. Start at base of trunk and spiral cover trunk to height of first branches. Overlap wrap, exposing half the width, and securely attach without causing girdling. 3.7 TREE AND SHRUB PRUNING A. Remove only dead, dying, or broken branches only when directed to do so by Owner's Representative. EXTERIOR PLANTS 02930 - 12 CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado 3.8 ORNAMENTAL GRASS & PERENNIAL PLANTING A. Planting Beds Staking - Prior to planting, stake, flag, or paint proposed beds scaling off the plans to determine bed configuration and size. Contact the Owner's Representative for review of extent and configuration. B. Prepare soil as per Section 3.4 under Planting Bed Establishment. C. Layout planting pots prior to planting. Space plants equally within beds to ensure a uniform appearance. Remove all pots prior to planting including peat pots. D. For material outside drip line of existing trees, excavate approximately two (2) times as wide as ball diameter of stock. For material inside drip line of existing trees, holes for 1 gallon material shall be excavated the diameter of container root ball plus 2". E. 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. Place planting soil mix around plant 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. 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. 3.9 PLANTING BED MULCHING A. Install weed -control barriers before in -organic (cobble/rock) mulching according to Manufacturer's written instructions. Completely cover area to be mulched (or as described on the Drawings) overlapping edges a minimum of twelve inches (12"). Weed Control Barriers are not required in organic (wood chipper) mulch areas. Weed Control Barriers are required in Inorganic (cobble) mulch areas. 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 four -inch (4") average thickness of organic mulch, and finish level with adjacent finish grades. Do not place mulch against plant stems. Install organic mulch as indicated on the Drawings. In cobble mulch areas, install 18" diameter circle of wood mulch around shrubs, see detail on sheet L-3. 2. Inorganic Mulch: In -organic (cobble) Mulch: Apply three-inch (3") compacted average thickness of rock mulch, and finish level with adjacent finish grades. Weed barrier fabric EXTERIOR PLANTS 02930 - 13 CITY OF FORT COLLINS PARKS DIVISION LEMAY & HORSETOOTH MEDIAN RENOVATIONS Fort Collins, Colorado shall not be visible once cobble mulch is installed. Do not place mulch against plant stems. Install rock mulch as indicated on the Drawings. Landscape fabric is required in in -organic mulch areas. 3.10 PLANT MAINTENANCE A. Tree, Shrub and Ornamental Grass Maintenance: Maintain plantings by pruning, cultivating, water- ing, weeding, fertilizing, restoring planting saucers, adjusting and repairing stakes and guy supports, and resetting to proper grades or vertical position, as required to establish healthy, viable plantings. Spray or treat as required to keep plantings free of insects and disease. Restore or replace damaged tree wrappings. B. Continuously maintain plantings included in the Contract from the beginning of Contract work, dur- ing the progress of work and as described in the provisions stipulated in 1.11, this Section for Maintenance Service above for median work. C. The Contractor shall be responsible for resetting of plants to an upright position or to proper grade in the event of unexpected settlement and for the removal and replacement of dead plant material. D. Warranty: See 1.10, this Section, for explanation of Contractor's / Installers responsibilities throughout the Warranty period. 3.11 CLEANUP AND PROTECTION A. During planting, keep adjacent paving and construction clean and work area in an orderly condition. B. Protect exterior plants from damage due to landscape operations, operations by other contractors and trades, and others. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged plantings. 3.12 PROJECT RECORD (As -Built Drawing) A. Maintain one (1) complete set of contract documents on site. Keep documents current. Record changes in location, quantity and species of plant material. Contractor must obtain Owner RQ- resentative's approval for requested plant substitutions prior to installation Submit corrected drawings to the Owner's Representative prior to final inspection. 3.13 DISPOSAL A. Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of them off Owner's property. END OF SECTION 02930 EXTERIOR PLANTS 02930 - 14 VICINITY MAP: I� NORTH DESIGN TEAM DIRECTORY LEMAY & HORSETOOTH MEDIANS 100% CONSTRUCTION DOCUMENTS City of F6rt Collins CITY OF FORT COLLINS PARKS DIVISION 413 SOUTH BRYAN AVENUE - FORT COLLINS, COLORADO TREE PROTECTION SPECIFICATIONS 1, ALL TRR PROTECTION AND REPLACEMENT REQUIREMENTS IN LUC 3.2,1,F,G. SHALL BEFOLLOWED. EXISTING TREES SHALL BE INVENTORIED. ALL EXISTIRSTRECESHALL BE IDENTIFIED BY SPECIES,SOE.CONDITION. INFENTTOSAVE OR REMOVEANO MMGATION, 1. ALLTMI PRUNING, REMOVAL AND PROTECTION SHALL ADHERE TO THE REQUIREMENTS FOUND IN THE CRY Of FORT COLLINS TREE MANAMEENTETANDARD5 MODEST MANAGEMBMPMCICES APPROVED GYMS CITY MANAGER33110. S. EWI NG TREES MARKED FOR PROTECTION AND PRESERVATION SHALL NOT BE REMOVED. A HEAVY EQUIPMENTSHALL NOT BEALLOWEDTOCOMPACTOVER THE NIP LINE OF ENHTNGTREES. E. AVOID CUTTING SURFACE ROOTS WHENEVER POSSIBLE SIDEWALKS PRO FAWNG LEVEISMUM BE CONTOURED SUFFICIENTLY TO AVOID DAMAGE. AT ANY LOCATION WHERE ROOTS NEED TO BE DISTURBED OR (I CONTACT THE OWNERS REPRESENTATIVE TO REVIEW PRIOR MANY OIAFUMANCE OR CUTTING. E. ROOTCUSE FRDM EXCAVATION SHOULD BE WIVE RAPIDIV. SMOOTH FLUSH CUM SHOULD REMADE. BACKPIROOTS LL BEFORE THE HAVE A CHANCE TO DRY OUT AND WATER THE MEE IMMEMATELY, ROOT PRUNING SHALL BE RENEWED BYTHEOWNERS REPRESENTATIVE AND PERFORMED RYACERTIFIED ARICHISTFOR ANY ROOTS OVER r DIAMETER. a. ALL E16STING MEE TO RETAIN AS SHOWN ON ENE PLANS IN CLOSE PROXIMIIYM ANY CONSIRUCiION SNALL0.ECFNE 5 FEET HEIGHT ORANGE PROTECTION BARRIER fENCING. PROTECTION BARRIER FENCING SHALL BE SUPPORIBD BY 3' X I' OR SIMILAR STURDY STOCK. FOR SHIELDING OF PROTECTED TREES ARLWS LOCATION Of TREE PROTECTION FENCINGTO BE OETERMINBO BY OWNERS REPRESENTATIVE IN THE F14LD'WITH TIE CONTRACTOR AND MAY INCLUDE PARTIAL FENCING WRHINTHE PROTECTION GONE. THERE SHALL BE NO MOVEMENT OF EOUIPMlNTORSTORAGE OF EQUIPMENT, MATERIALS. DEBRIS FILLS OR CUTUNLESSAPPROVED BYTHE OWNERS REPRESENTATIVE. b. LLl FXISTIHGTRBFS TO RETAIN IN CLOSE PROXIMITY TO ANY CONSTAUCTION ASSNOWN ON TXE PIAM SHALL RERNF CONCRETE BUNRR WMPPFD FROM TRUNK BASEEMA MINIMUM B' HUNT. c. MODINDMON OR REMOVAL OF TREE PROTECTION FENCING OR REVIEW WRAP SHALL BE APPROVED BYTHEOWNERS REPRESENTATIVE. 8. WITHIN THE DRIP UNE OF ANY PROTECTED EXISTINGMEE.THERE SIULLBE NO CUT. OCAVAMIN, OR FILL UNLESS A OUAUFIMARBORISf OR OWNERS REPRESENTATIVE HAS EVALUATED AND APPROVED THE DISTURBANCE, APPROVEOCUT, EXCAVATDN OR fILL W OHIN THE DRIP LINE OF EXISTING TREES MUSE BE DONE BY METIOOSAPPROVE BYTHE DUALIFIEOARBORIST, WHEN CAN INCLUDE USE OF VENOMOUS OR AIR SPADE WHERE DETERMINE NECESSARY. 9. DURING THECONSTAUCNON SfAGEOF DEVELOPMENT, THE CONTRACTOR SHALL PMVMTTHE CLEANING OF EQUIPMEM OR MATERIAL OR UNE STORAGE OR DISPOSAL OF WASTE MATERIAL SUCH AS PAINTS, OILS SOLVENTS ASPHALT, CONCRETE. MOTOR OIL OR.ANYOTHER MATERIAL HARMFUL THE LIFE OF ATREE. WITHIN ME DRIP USE OF ANY PROTECT TREE DR GROUP OF TREES. 10, NO DAMAGING ATTACHMENT, WIRES. SHUNS OR PERMITS MAYBE FASEFNED TO ANY PROTECTED TREE. 11, ALL IME REMOVALANO ANYMEE PRUNING NOT PERFORMED BYCMOP HOPOCOWNSFORESTRY STAHRNALL BE PERFORMED BY A PRIVATE TRUE SERVICE HOLDING ACUAMNTCITY OF FORTCOLUNS BIGGEST LICENSED AND ON ME NY FORESTRY ONISION BID UST, 17. MULCHING OVER &PORTION OF THE ROM SYSTEM OF ENSTN6 TREES MAY BE ONECRD AT INDIVIDUAL LOCATIONS TO ADEQUATELY PREVENT OIL COMPACTION DURING CONSTRUCTION Am". 13. LOSS OR POTENTAUNIURY TO ANY TMEIS3 SHOWN TO RE RETAINED DUE T3NMMCIOR NEGLECT OR IMPROPER CONSTRUCTION MITATIES WILL RESULT IN A PENALTY OF UP TO FULL DAMAGES FOR THE ASSESSED VALUE OF THE TRENS)A5 DETERMINE BY WE OWNERS REPRESENTATIVE OR QUALIFIED AREORIST USING THE COUNCIL Of TREE AND LANOiCAPE APPRAISER GUIDE FOR PLANT APPRAISAL MOST RECENT EDITION. MITE OR PARTIAL INIUAYVALUE WILL BE ASSESSED To THE COMRACIOR. 14. AFIRE OF ONE -THOUSAND COULMS MAYBE LEVIED AGAINST WE CONTRACTOR FOR IACN INCIDENT OF UNNECESSARY DAMAGE M EWING MEE BY NOT FOLLOWING THE TREE PROTECTION NOTES. IF A FINANCIAL PENALTY IS NOT IMPOSED FOR A VIOLATION, WE MY PROJECT MANAGER SHALL DOCUMENT ENE INCIDENT WITH AN EXPLANATION WHY FINE WAS NOT IMPOSED. 15. THERE SHALL BE DAILY COOROINATW N WITH FIELD CAM BY THE OWNERS REPRESENTATIVE OR A CONSULTING MOVIES DURING THE CRITICAL PHASES OF ME PROJECT. CRITICAL PHASES ARE DEFENSE) AS WORN BEING CONDUCTED IN PROXIMAL OF TRUST) BE PROTECTED OR TRAMPLAMEO WHERE ANY FORM OF DAMAGE COULD OCCUR. FOR EXAMPLE DEMOLITION OF EXISTING CONCRETE ROOT PRUNING', CONSTRUCTION OF SURVIVING WALLS AND CONSTRUCTION OF NEW CURB. ME [ONIMROR 15 MEMORIES FOR SCHEDUUNG TREE INSPECTIONS AT CRITICAL PHASES OF THE PROJECT TO ENSURE TREE PROTECTION SPECIFICATIONS ARE FOLLOWED AND pISTING TREES AM PNOTECT O. 16, THE OWNERS XERS REPRESENTATIVE SHALL BE NOTIFIED PRIOR TO MY TRENCHING EXCAVATION OR CONSTRUCTION MITIM KNOWN OR SUSPECTED TO INVOLVE CUING ROOTS OR DAMAGING ANY Or WE ABOVE GROUND PORTION OF AP RESERVED OR TPANSIIANIBD TAff. ET WHEN MINING THE BRADS AROUND ATREE, ADIN WELI. IS RMUTAEO WHEN LOWERING THE GRADE AROUND ATNEE A RMIN196 WALL IS EFICIIO IN AILVN REGARDS, APPROVAL IS REDUIRFD BY ME OVAFRS RFPRPSPNTATNF. 18. IRRIGATION UNITS OR ANY UNDERGROUND FIXTURE REQUIRING EXCAVATION DEEPER THAN TWO INCHES WIDE 8E ACCOMPUSNGIN ED BY NAND DIGGING TO EXPOSE MISTING ROOTS OR BY MIRINOT G UNDER THE ROM SYSTEM OF PROTECTED CASTING MITE AT MINIMUM DOM OF TWENTV.FDUR INCHES. THE AUGER DISTANCE IS ESTABLISHED FROM WE FACE OFTHE MEE(OMER DARK) AND IS MSMEO FROM MEE DIAMETER AT WORST HEIGHT, SEE MITE AT RIGHT. 19. FOR SODDING OPERATIONS DO NOT CHANGE GRADE AND FOR CULTNATON NO MORE THAN 2INCHES OF BERTH SHALL OCCUR WITHIN WE GRIP UNE Of AM EXISTING PROTECTED "BE. FORT COLLINS PROJECT MANAGER: LANDSCAPE ARCHITECT: IRRIGATION DESIGNER: Chy of Foe Collins Poke Division BHA DIMINE Inc. Mlnm Inc. 413 S. Been Avenue 1603 Onked, Drive 323 West Dri Road, SVIIe 204 Foe Collins, CO 80521 For, Collins, CO 80525 Foe Ceilinr, CO 80526 Phone: 970.416.2063 Phone: 970.223.7577 Phone: 970.282.1800 Conlon: Slave Lukonki Conlon: IErod H. Corkmd: Node Hines Email: S1.kovnkl103fcpov,mm Email: Ih..OJDINhodeN9n.cem Email, nolnahNRinamm SHEET INDEX: ul COMES SHM, DESIGN TWA DIRECTORY. SHEET INod. xnNRY We TREE PROTECTION snclNundl$ so DMIN6coNdlpNs, OFMOMON HORS, WE MIIOATXM TABLE LI IANORAII RMG I.a urvoeaPI RANG Ia IANOEUFE RIND, PANT LIST IHAN,WO a LANCY' N DEIND. eRAMNDINLAROPEVES. OENfMI NFOR" IA.IA IINDSHCN BEING AND VOTES 4,10 IAMIGAIpN NEARW2.1 AAKWGi NACU E423 IARIGAIXIN NEW W5.0 IARNNTgN DETAILS EBBBBBBBBdR � !)1•iR� rm IIM1., CRIME" D.. Collins. CO RUSS ME) 2DI.7S77 (n% 333•I511 Ynbafs" . Lei ia. e G. Onlsn IT NORTH SCALE OFFIRed LIT: JH Dre-lm JH Dl.. ,NPHFT PNR.RNu . I.E. DNLD.R BE 21. 15 ftw Nwbc C- 'E I Im1W mI ruRE INXMD LRaWMI, s'CY.rtNX LRWM.ur YM11115. WN11d.1GM urxMrcrMM2atoms. T, RrNM�IPM — I� IMP Ire rueulMMO a»Imwi wno,.T�iw" HORSETOOTM ROAD Am .PAR, IlO,. .PAR, .1 MEDIAN 1 SHAD RF GROUND)IMMOW..D BY 2. SOME RAISING TREES IN PROJECT USA SnuL BEIMIN AM BE PROVECR0. SEE THIS SHEET FOR LOCATIONS AND SEE ME PBOTECIRM SPfCIfICA110NS. COVER SHEET. J 14 FPURREgSINGiALL BE MUD LIE MYHERIC"MIME ONFREERMOWr WSIfAO, PMISIWG WAUMOPROTECT EXERIA SMALL BE ER M USING NOT STRIP MT NOT MULCH H WHEN DIM ME OF END M. AOTOPOSED, MULL MECATED ROOK. DM NOT OF MIMING 7MUIOIWDHNOW CAREFULLY LLY REM VEDSOT ITT ROOTS NOT C OPPOSED, MULCH MMMI OfTIMOMEN ORRM OF MITRING TREESINOWAL MULID HAND ANUCATYEiOF NEW MULCH 13DAFS➢f NOTen HALt.MNO DRMCHAOPTIMEHIN DRINbMW.M0EGME5 MULCNMDITION. bN Of NFW MULCH 6'J MYS. S.N IHIR LITH R NO GRAD! CHANCES CURB A DRIP LINE OF EXISTING BLOCK, IREES w11B1 S, STREET LIR A. UNLESS OTHERWISE NOTED, EXISTING CURB AND GLITTER, SPLASH BLOCK. UILRIFS, STREET LIOXIS. AND LGNAGF, SXNLRIMVN AND BE PROHECIfD, 1YP. ).NOEEa ECSINGIAAIOAIONHAP,CONTROLLER.CONTROLWIRE.MDPOWERF(MAEA EM&YOPMENEWMCMD CONTAOUIR TO NEW AVD MSnNG IARIGAION.IRSING IRR. HiUIPMENTOTHIR HHM MAT USRDAROVE SHNL RE AfMOVEO. 8, EXISTING SHAUNS, GAOUDCOWK. WEEDS, ITC. NOT SM. FOR CARRY. CONTRACTOR SHA L PMUDWREFY EnFNP,Yi(IAMIIY Of "UK. GAOUNDCCNERS. AND WEEDS FOR UMCNAL PRIOR M BIDDING, IYP. r„w l„MM,L,p,M„g TTCHLI�SEE LEFT Ri Iv A HAT"N' ![14 keM•M .YM neMllCIo.INRWI cP.wne.I URKAFRIR FTRAFIRE I" 1YlIL 1 m4lMint in llMWl.rN BE, %rl1KIP F-M cmWn.P M RwYIYxIMIFMMW. I BEElK1Nl0l.NMMO BE 14'IMIy.4mwl G1V Wlk.l. w. W CrfYnM,MM.Mn, I f 1... NI WM1 - 6 'U, CONPe1r RORR, AND SxfMI Ito FRIW[I HMpRkJ.RR.P �cD1RRl1[M. W`MA .1. mk 16 W1M..la BE "",M D. vua Naw nuuRe.Yw..rNr cnNnlxlx.Mm.rcM,1 ImIMG mk IrNww No se RPlrcno Yela W.w � � � N MrI.W CATRA, I Q O kx. IHk mk kknrx O. OL P. [eNWIY1N.w1Y/.IRM,. Ie Cana 1. 1. ea . .r FECTD rDlnaE. 'NA L<MInnW. �r0 n, IN. , ;II1 HOL14 aMVlNO nn,I-C ARM,A T w.rNICVNmntN. RWN24}bMPNX ; IJ CfAlCRa1bR41NGUa W COMHOL. wOIS DEARRMHE lE1MIelI21WM1Da BU.FAM. m, .XNYNG DN" fNX c —OAAANH .11. mF IP. AM W'11.Fc. MM2, kk R°nrnD. 2lXalRPw DNt Fw., rV RWIMMx, DU. M1x1rYM Damp me InreWMED NxmeN,M Ra.1pw..wn nmlvl.,na.MW 1 R � � ulYaerN`XEn. wem. RC NMWDXNN,N,_1 MATCHUNE, SEE RIGHT 1 MEDIAN 3 MEDIAN 3 CONTINUED L.—,Fl I�' ..T I" ,xw W.1. T, I m,ur.m Wm�wt.w,_ a.IXm u w reowll 1,. wvxc Im mR.kw Naa TailCllP CIMNIRW RM.Ip w.. I.W C(MIXYN. WIXMMxI' � W mr IONMNARAP'l Mrrll[Iw CWNIKPW IEn IY w INI. CPraI1Xk4MRRNMweI kAMMDmL mvIWAB.woa 1.01 kM MAWH RCN. rN<rA.DnrPI. MInP.TwN MEDIAN 2 & INTERSECTII .AEF'D. AW.N RR". •AWPoUV/RMI V GL. r.P. COWIXw WIIGIY)!:I AW r Monclm. r.Dwn aMRmr GY.IOfI. RMIIMw IR1NG Im IF. ...TrnA INRM,I[WMe.n w.l+cummPx, MRIMIIUN.I .1.lakm a eWM. Pu11R11N aN,l w.RAk rwm1YW.NMNMw rm�ammrTu aeMum yN 1FM. IP[Y1.rtxY crNnM.,..alwvW non.Frul BISIaGlnlmkkMw.w EM4 O`AMl V A,.IR ARVH` l �IM°IW "IE WMMDa rtrnA. MnmAAAM II<AL rNM cWanax, MIIIWIKM.R Imlw lm mreMMiN. �� PMNrcvw RN n•w. <rMmRM. wm.Mw, I Rmxa lm lorlwlp.ND. CW/IIG1N Rµ ITw.rUPk [MIIMW, MIRMIxmI —�� cT2 IwR alelABe OHW F Fw Celni CP bS25 MN masn HUR m mm mmR ROAD ROAD a8 GeA�e.VXx.Mn Dx DRln uswNPl epw.. M. IarnND nee I 0 Plwl - "I it • r ��r�;��val�j MATCHUNE, SEE RHDNG nef iPE 1W 1 II MrteC1wRR 1 PHI IXMMRM, MIaATUN - WRH,MNTPmwl — WDN.Ne. M NRa.IRCu r,6 cP1aIIRrt .. LIDTMIrI v+•as.pr.'c�DMl.nr Mllo noNu cr,wlR w. kxmwmkm I O E K 91 0 ZN. =I ad 0 TREE MITIGATION TABLE y 6 iGtµ OUNRIIY OE TRFE5 iO BE RDHOVED: 10 TREE MEMBATITN VNIh IA MTERWNED BY CM MM RI OF Ui6ED CAL TREES 14 me WmSGPE PLAN FOR UPSWED CAL. TREEEI L. O .. -MOSTTRRSWU BE REMOVED DUE TO POUR M.niH. ONE TREE REMOVED FOR yyJx LL: SIOINT DISTANCE CONCERNS. p K �p[K,iµ aMtN1A�WMIIUM M. IyX,Naa � W(7 .nMMVbD,IFDaU.2 ..,M / AIMINuIXMmAlLIABMIR.MmRC'LVMMI�vasIILTPN9enRnxax..E12CYW1m.,M5W RvS.xwIR¢,M IM n .. n0iN{I"OWIIRpw'.C. REMI RCTEB RXAI lwR}F TIMaxx anMFLNlenDMn uwTn.R DPnraiRIlUD/ PNx i/ Cb IM.IY no:'OxlrrCOiO°MN2 N1 IPWM.Y wW. • / ox,mac01aW..ma. MATCHLINE, SEE RIGHT MATCHLINE, SEE RIGHT 1'"1 MEDIAN 4 MEDIAN 4 CONTINUED MEDIAN 4 CONTINUED LIIMM.LLLmM', pkrAxDCOMa.Mlnt. j nc rlv..rwws,m, IMINS ml l„ aww Noe (SNVRL IY w.IN. C(N.nMM WIRigNWi> rAl NZ NORM 0 Y n NV BGIL '•Ipar DwM M EXISTING CONDITIONS & DERMOUEPum rMpr. wllee. •.we R LX.r D.s mnls EX-1 MEDIAN 5 SECTION 00300 BID FORM N,.HuY ri laaus'surn+aas �p.rw _ +,nw�� —, +�> YN+b m�.urrM1 f HWInO arY'wri, �enw'M, rwwiw vu^•V.+.•T, 'Nu+w+n ,r,N+r!„ ,+•muyrnV 9 �. ham, mrfY — N1tlON wp�a�iMd�ll _ wM D D MIS rdlnq,NN�^J Y�ilylNvy Me,Vu.l liel Mul 4SML[ b(6w S[�YOJ'WIeJ Yy O r[P4r0 [%1 Iry asn Aim; ti saeal Bulaslxa spun louaaow gn,gs lapows - 15111NV1d WAD] dVW AD] iM CC t a NOID35M31NI LNbIWW INb1a3W � R .Munimin wo anom ,',SXv'1'K iti�15 I NyM'Mw A ,tlNM'Y M q W — w wNoaw N YMVgM NC- 11YVLLYnWK m xmL— MrYL— A NL W Jf Dµ Ylu avow H1OO1 SNOH abON H100135MOH QVON H100135XOH ✓1 1(r�(I w�>wnw[lalawwv wui wyl non >wlY,w'q wrnLuuu, mw< qw w„gN.l„mNNq xYl nro,x L mMa,� IINM vrrwnnl l NVlO3W Hwi pq vmmwr pvfbl IOMI v'IINNMi glNl' ynMr pr}i Olrl prVl IY ,vI mW[ M1It t 1Wvl YY'OI I u I rr Lnwr, ar 1 LD♦ NOni mM[ u.w I xwav>w v., N�w x>.n.aroLorm MATCHLINE, SEE LEFT w�urlWDx�nr I � � � � � Ism ,�pff��� DsrnrF I 1\ 6 Vn N•WM �'Gx �lU YM .S�Iw1LYDISve � V FF Sv W 6YM1IY w91[ w.Rr VRm ILNR[U14M1 Ov l4 .pu O ]rpl.tltl Y gg LNw .vouoec 3 sYn ]am IRn >tlW GYf rYY � I`un )nn R xuv p'f oso ivu Yn c"Dr y L, IasmuDuwcuRro xnw] rWp..nx nortcRD � 4 II Y ' 1' . louol) xul.. v In am,wcrvcYrs. 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SH.UCAU"U15MNF ClttdFORT C011MSTMIb1lISS tINLL IF LkMflm fq tNCV/ANDAP%GVIl] W MpETCSSHAU.Gt USED MCR�rI dyREWONNSMFIP ME OF BGINONG WY THE OPHOGALYVATED"MPNENGMAIIM HOULLLLEED]LER"TERM UHENDIVR E01DR, TIFEMS TO I'I EttfM N tT WIir TltF TAR(1DRIP INf(N E#STNG BEES ARiDIOIO LM d11(MEIMCAVARO FfMNMlI&1MRbIL 1A'flf5 iplty.V1EP IMRM4 Wlilll bV WE Of RI. tPiE51p BE NL MORF IFWI]NOfS 7 RNNC(Mi4NMPLOI&W 5FA tKENA BC)OF 1 MWY fN1Yq TREES kI %OIECt APfA SeiLLl IFMW.WD IE PRORRfD. ME LlFfl MI NMltff MORCICN Y[CVKARIfS. SNFFI C-1, B. NOOi Sf LL BEWfOBfiWEfNIOL OTT ANDWOODMULCH,M!WE0. NOUtFG BFONFfN YA AND%AMYq ZEDS. M. P. MULCH SUAH BE S N C .EU A LCH AROTI¢VMSF STAIED,. C SPECS 11 AROUND SHRUBSINtCXKIMUICX D" %OYUf IE'DN.CNLfd WWOMULCX,.'CE%H, SF!dfM ], SHEET lam. 11. Sff MULC TOR ASH M(TAK IMELf)C TKW FOR OL F$ 1}.CdE SfiAU. BSW) MN Cl GES Wl KDk OWAFP EXIS AW MMfNN PRIM t0 flf[NSiNIAMM. I]. LKPE MNLL BE NO GRAB CINNGfS WIRW ORV TINE d EtlS1MG R[F5. 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DMP vGwmR CONSTRUCTION NOTES DESIGN NOTES Om.MaMV.LIar n m p1RMT RI- ¶w m^I [Cw.a(1W)AVwrD REFER, M[ OfewKwrop TON co RIM rwWK [0 rsRlllR vuWp[ N FREE 0 ^u St SRON, OR MmAr MliGx Mf [RIS1uR, AMROYIW[[ lCGnpl MN0 R W'SN YGxFlOB PRI4 MOM IMr Vw.M As[FUFiY ^s R6cAm, Star Err M M, win OI CWiNLIpI m rpK[r fM$IYr tlWIxR RY6 W 1RDW 1] ALL YEONK t.x.5 NA1 MRARLTp1 RWIPNLS DIFRNmIwR t/^• O [yllq rDpxC Dr CDLOp n ='. OR K .. PWOMC, SEE MD v LWr Lrc R I,-- Wlx I.,Fl .... ow CaMRRLu To No CCIRDDIUW. NRmr aFE RFRI, N W.R. R WWAtROII, Dnw M OR 0-30 MR Mu OS POW^[Y WRIT DII. .110N rONm R NI 1M MMw1A[[ RMMIA n[LIMGL PLFEV [O 1XI CpIIMl6 M m RRWNR dISIRL fCMRp WxRM rxGl Nf4Al6 M O Oj $w oRMs Ix ND Ix RI RMXDMG OF [RR M` RR E M TO COORDwR xFIUR CdDIKK WLYEM MW ^nRMYrz wCIfN RNI Mr IYYNIx's NfIM'tMr^M r.•M 4g0.D w iWFN m .I r'JIU IF AM IB m NM COMWIILR W Y[GVI M. ME 06 VILVL MSr^LL Mf IPgwryxl MHFROLLLR II A B Wlf rlWr a I=I O SLFENS W IK NRIOWR LCGNW 9wM1.X M[ r1.. �VN wIVI[MKL /W M Rtl. IW WCR IR£x BFNIm ENMr ALS, xhr 10 W,.IRCS. M ". RMI Mil"R. FIN. MI. EMMUOR, WWII 1IX' iMl OR 4-0.Rfi MR, RFFOWIXC m W .WPMRR.[I Br MKRS m'HRYMIlIf O] INN !. MIIITIN ON GMMOMCO MG FOR MOR", OK,. 4S IWfi MN LEIRROR R WON MOMPB MG OMOME AND GIERAL WE ME MIICWN W SN/t UEM FOR 6MIM1 pSY ..M C CONRM WKR AN G[rR•L ME w NRrwm w ,. MI ., Ow. O VWIE'Nr urtMLs tawo nr, "'L. nW�CRNCtt�. PTn INer^LLFD M Ful BIf . NNcs pFM iNRGNJI O1xER GVONMC uiCNl uxE MRWON wNCIXD Gwfl) stall w Cw saw MIFhL w M1CIf[R UP M YGM. Err Iws CRIftm uw. PRn CAW. co rose Rrol rxrasn In Nx01 rIY161i Wtlu.M ArtNIUIu� WbnoM.n O.pIW 0-IrI HAE1AC NZ Q 0 < ' = O H Y _ J l ggY O5 F �0 NP nlCMnx p ID xW m SCALE: 1- na D.MWN W. Au CN.NR a Ca.awew ew ew IRRIGATION LEGEND AND NOTES RIM.W 1•AInIB.r. Isoe Shimm—as NOR IR CID c ¢1L MATCHLINE, SEE ABOVE f )VE MATCHLINE, SEE BELOW M TCHIINE SEE BELOW i s tit saw.r.K. O Z �i 8 •_ nac ie9 3afS LEMAY & HORSETOOTH MEDIANS .S<$Y Q� Q] M06ACIYJ1CSIWlN9.C>Illf Im�fCM,MgNO%IwMt�pp ['LioS AAA i6_ 711 Qi seoscaasacnspsoocup[Nn�wa.ff asc '!V 26i aVgijt FORT COLLINS PARKS DIVISION a c MATCHLINE, SEE IR-2.0 MATCHUNE, SEE LEFT MEDIAN 3 MATCHUNE, SEE RIGHT MEDIAN 3 CONTINUED m MEDIAN 4 MATCHLINE, SEE SHEET IR2.2 KEY MAP O�w. nrn4 I�dITH n io- an .o scuE; r. roo o.p.eh w or..nM w ATM w u+wtra� IRRIGATION flAN IR-2.1 MATCHLINE, SEE SHEET 1112.1 MATCHLINE, SEE LEFT MEDIAN 4 CONTINUED MEDIAN 5 MATCHUNE, SEE LEFT A 6AWa Rwa�y ims awl wi.. fa. cam, co msu Im) vv-ssn ngvm)]U-Im) I.d,q. •.<wme.. ur. wR� ME z Z Z Q 0 O w N_ O ILn d tY IQ Z . J ea 03 J_ pylL: O aEj Y NOATI O 10 A W SCNF: 1•. MV DW b, W om.. es w Q¢hlE� !W Q rwsy Nm� IARIG nT ? AN Pqm Nrtfa^. ISW 9inl0.z o3N.lf ' IR-2.2 @N Mrr ova Mm.P I®0 � Hf BMIY'd� ®IS R Y.PO Vm uw BIPR Hbl 4O _ .cmar {.a 4.nmv.{ u me .9 m. m 4Pw.Pn 1 Y..w s4 K Arl ^u �V e ! \RAC FLOW PREVENTION UNIT M Y4K a P4tl :717. M 141YYI[BrE ra.® L.ma. nvL ^.+rMAS / a \TER VALVE 8 FLOW SENSOR ASSEMBLY m mL H.0 mPN 4 m� .,v O. 4R M ImC ^146 I. I(V4 H P PR wK A 4#M 4V41YYr 4L ! j 1 SOLA 10 GATE ALVE ASSEMBLY oval uo.I�P..�mm w.L 1m Y,e.l P I a t, t M4®@14L0rYr PAR 1R M4R YM1 �nMR 01 L^6 C i 6LZ-.i.f ! c 1REMOTE CONTROL TURF / c \ INCH POP-UP SPRAY /' 1 REMOTECONTROL DRIP VALVE ASSEMBLY SPRAY ASSEMBLY VALVE ASSEMBLY 0 N / V \ FORT DRIP THE RNGASSEMRLV FOR REEB IN SHRUB BED ! 11 1 PEDESTAL MOUNT CONTROLLER m�ffi ASSEMBLY w4 M lam r elm ma�aPn nsa IM/.IL AI LL'.n�` aMmPnm rowan 1 OUICK COUPLING VALVE ASSEMBLY Pa V. I �rtaawi .c.� , W-•W b.Vv6 �. .ii {6 vtli Y N OIY® VPR V 4I I g 1 SIN LE OUTLET EMITTER / 0 1 DRIP FLUSH CAP ASSEMBLY ASSEMBLY .4 IOq rY � rm�a aaa e1pp1pL Roan u _ IYL 96wi (1MrY, AYM m0 W .n 5ta.[L 9P[ rt 9LL 4 ViR6 W {.R 9 { .6Wd 41 miuKAOf YHLYW 9rf P9II.6 Nn[ L1�rMN41N�a.MM..mPfvwm�f/ •npq Rwl. w...PYCw..[9RPaod M4.ml IW96K 94 Y®{IR l.4CP W g-..� x.4 WUO � YIDY6 aln �9a m.rIR.R M a mw.F6 4.Z 0-4-Q mMiO M4 6#. 40914 A 4 enuLP�..e Lurt W.n lw.n �49m..0 o..m Pwanw A4s rarm4 r�wm4mv �f. / 1' ,RAIN SENSOR ! .. 1 TYPICAL SLEEVING TYPICAL TRENCHING J ASSEMBLY DETAIL `J DETAIL 4 1 On{Y.R.nY Iw! 04r.e1. onm om[ l.CO rsls 1. I511 M 070) ]q S1LIR11 HAS /AC al a I� D9..1 er wi aAnm LY ew I}.yw[Nme. IRRIGATION DETAILS Pqm Nmb.. ISC! Axtdw OSf015 SECTION 00300 BID FORM PROJECT: 8131 Median Renovation at Horsetooth & S. Lemay Place: Date: In compliance with your Invitation to Bid dated , 20_ and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of ($ ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment Bonds is as follows: 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through 8. BID SCHEDULE (Base Bid) ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT COST COST LANDSCAPE 1 Median #1: Demolition/removal of shrubs, mulch, veg., irr„ clearing, etc. LS 1 $ - 2 Median #2: Demotilionlremoval of shrubs, mulch, veg., Irr., clearing, etc. LS 1 $ - 3 Median #3: Demollllordremovai of shrubs, mulch, veg., In., clearing, etc. LS 1 $ - D - 4 Median #4: Demolilionlremoval of shrubs, mulch, veg.. Irr., clearing, etc. LS 1 - $ 1Uu 5 Median #5: Demolition/removal of shrubs, mulch, vag., irr., clearing, etc. LS 1 $ 5 D0 6 Sod and Irrigation demolition/removal at intersection LS 1 $ 0- 7 Existing Tree Stump Removals (7 ex„ 13 stumps from Forestry tree removals) EA 20 $ - 8 Tree Protection LS 1 $ - 9 Fine Grading of (3) berms EA 3 '! � - $ 2-- 10 Berm Soil CY 18 $ - 40 11 Soil Amendment CY 70 $ /--i) to- 0 12 Inorganic (Cobble) Mulch SF 3869 $ J5 JS - 13 Weed Barrier (Under Cobble Mulch Only) SF 3869 $ 40 _ 14 Organic (Wood) Mulch SF 18400 $ '2 21-1 - 15 Declduous Canopy Tree -3"Cal. EA 8 $ 16 Deciduous Canopy Tree -2"Cal. EA 9 $ j 0 - 17 Ornamental Tree- 2 117' Cal. EA 5 - $ l ofpo 18 Ornamental Tree - 1 112" Cal. EA 19 $ 7 - 19 Shrub (1 Gallon Container) FA 181 $ 1 - 20 Shrub (5 Gallon Container) EA 437 ' - $ [1 2J14 21 Ornamental Grass (1 Gallon Container) EA 168 $ S - 22 Perennials & Groundcovers (1 Gallon Container) EA 185 $ o`� S TS _ 23 Perennials & Groundcovers (4" Pot) EA 130 24 Glory of the Snow - Bulbs EA 500 $ - 25 Sod SF 955 $ I 57 - 26 Steel Edger LF 225 $ 2 27 Boulders EA 77 $ 15' VC) 28 Boulder Relalning Wall -appx. 15"tall LF 36 $ '1t 11 � "' - 29 Traffic Control (assume 45 days) - Utilizing City Traffic Department EA 45 $ 1J1o. 0 O LANDSCAPE SUBTOTAL $ q2 aZ - City Of Fort Collins Purchasing ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 8131: Median Renovation at E Horsetooth & S Lemay OPENING DATE: 3:00 PM (Our Clock) June 26, 2015 Financial Services Purchasing Division 215 N. Mason St. 2n0 Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: 1. Revisions to the Bid Document A. Item 29 on the Bid Schedule is revised as follows: 'All traffic control including the traffic plan for this project will be provided by the Contractor" 2. Exhibit 1 — Revised Bid Schedule (Please note that the Bid Schedule has also been uploaded as a separate Microsoft Excel document. Please contact John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Addendum 1 — 8131 Median Renovations at E Horsetooth & S Lemay Page 1 of 3 IRRIGATION 30 Backflow Prevention Unit -314" ZURN 375E EA 2 $ �� C - 31 Master Valve Assembly EA 2 32 Flow Sensor Assembly EA 2 33 Isolation Gale Valve Assembly EA 11 34 Quick Coupling Valve Assembly EA 14 $ DDJ - 35 Remote Control Drive Valve Assembly EA 20 $ I 5 - 35 Automalic Drip Valve Assembly FA. 2 37 Flush Cap Assembly EA 26 $ h10" - 38 Drip Indicator Assembly EA 15 $ i S5 O� - 39 Drip Drip Ring (Trees) EA 67 $ 323 I - 40 WeatherTRAK Central Pro3-2W48-SWM FA 1 $ - 41 #14 AWG Control Wire LF 3300 $ - 42 #12AWG Common Wire LF 3300 $ 43 1" Class 200 PVC Lateral Pipe LF 2400 - $ 32 44 1-114" Class 200 PVC Mainline Pipe LF 30M $ '1 - 45 314" Pyetheline Drip Lateral Pipe LF 6500 $ , - 46 6' Pop-up spray heads FA 18 $ 1-7 07 - IRRIGATION SUBTOTAL $ Q ,71 11+4 - LANSCAPE & IRRIGATION SUBTOTAL $ SGoo - MOBILIZATION, PERMITS, CONTRACTOR OVERHEAD, ETC. V1 J1Ib4 TOTAL BASE BID $ It 7 DSO 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: L A ),AQ 1-.L G CONTRACTOR Printed Date ms rnbr'� Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address Telephone Email SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned �C�rbun� as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 8131 Median Renovation at Horsetooth & S. Lemay. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of ) U nP� , 20jr, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: IiDRR'q LAtu� LL G Address: 2 4D to E G2 kQ iNtA)vi'ri!0+Dn . Co 8054'9l By: 11d C� Title: ATTEST: By: SURETY NAA%0r3w1DE By: Title: (SEAL) (SEAL) BID BOND CONTRACTOR: Korby Landscaping, LLC 2406 East County Rd., #60 Wellington, CO 80549 OWNER: City of Fort Collins AMCO Insurance Company Nationwide Mutual Insurance Company Allied Property & Casualty Insurance Company 1100 Locust St., Dept 2006 Des Moines, IA 50391-2006 (866)387-0457 SURETY: Nationwide Mutual Insurance Company 1100 Locust St., Dept. 2006 Des Moines, IA 50391-2006 BOND AMOUNT: 5% of Bid Amount Five Percent of Bid Amount PROJECT: Median Renovation at Horsetooth & S. Lemay The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof. or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be a Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this bond shall be construed as a statutory bond and not as a common law bond. This document conforms to American Institute of Architects Document A310, 2010 edition KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: James E. Miller each in their individual capacity, Its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory Instruments of similar nature, in penalties not exceeding the sum of ONE HUNDRED THOUSAND DOLLARS AND 0/100 $100,D00,00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attomeys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, anysuch appointment or authority; provided, however, that the authority granted herebyshall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attomeys-in-tact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 1 e day of February, 2014 . AV :� `/,}`� °`±t� Terrance Williams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company SEAU� / '�� and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, - �.tSEAL . AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance ;i3.......-W Company ♦�` ` ACKNOWLEDGMENT ��'!'•'`'e�`. STATE OF IOWA, COUNTY OF POLK: as On this 13" day of February 2014, before me came the above -named officer for the Companies aforesaid, to o SEAL me personally known to be the officer described in and who executed the preceding instrument, and he ,:0� acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer N 06 iA of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and .��` direction of said Companies. ���', Sandy Alitzn'LC�L� / Notarial Seal —Iowa ;O ;SEAL; Cammicsian Number 152785 Notary Public Ar ' •' %•/ My Commission Exp'ves March, 24, 2017 ',`,��� �, � My Commission Expires CERTIFICATE March 24, 2017 I, Robert W Homer III, Secretary of the Companies, do hereby certify that the foregoing Is a full, true and correct copy of the original power of attorney Issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authorityof said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate� seals of said Companies this day of , 20_ (J/¢4 / / v /—w )" / Secretary This Power of Attorney Expires BDJ 1(03-14) 00 05-80258 OS/ 112015 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any 1'additional 11information he desires. 1. Name of Bidder: T1CJ iX3Lt LLI�SGGCQ2, !- �� 2. Permanent main office address: 240 (o 6 CA2, (DD Wel �l nth , CO 3. When organized: Q $ ^'COLJLJYI�� f! 3 rc, 4. If a corporation, where incorporated: 1j- C" I W toVMCLO 5. How many years have you been engaged in the contracting business under your present firm or trade name? �J U Irb 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) r, 41J F4 FRS 7. General character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you? Q0 If so, where and why? 9. Have you ever defaulted on a contract? nQ If so, where and why? 10. Are you debarred by any government agency? rJO If yes list agency name. 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: III 15. Credit available: $ * ! 5 O1o0. t7r 16. Bank Reference: Sax wte� 6&xi G _ 17, Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General Contractor?_ 4L If yes, in what city, county and state? WQiLL f'ioinn , Co lD La.n r'1' er Ij What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract? OD If yes, what percent of total contract? And to whom? 20. Are any lawsuits pending against you or your firm at this time? no IF yes, DETAIL 21. What are the limits of your public liability? DETAIL LUS, What company? 22. What are your company's bonding limitations? 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. EXHIBIT 1 — REVISED BID SCHEDULE ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT COST COST LANDSCAPE 1 Median #1: Demolition/removal of shrubs, mulch, veg., irr., clearing, etc. LS 1 $ - 2 Median #2: DemolitioNremoval of shrubs, mulch, veg., irr., clearing, etc. LS 1 $ - 3 Median #3: DemolitioNremoval of shrubs, mulch, veg., irr., clearing, etc. LS 1 $ - 4 Median #4: DemolitioNremoval of shrubs, mulch, veg., irr., clearing, etc. LS 1 $ - 5 Median #5: Demolition/removal of shrubs, mulch, veg., irr., clearing, etc. LS 1 $ - 6 Sod and Irrigation demolitiontremoval at intersection LS 1 $ - 7 Existing Tree Stump Removals (7 ex., 13 stumps from Forestry tree removals) EA 20 $ - 8 Tree Protection LS 1 $ - 9 Fine Grading of (3) berms EA 3 $ - 10 Berm Soil CY 18 $ - 11 Soil Amendment CY 70 $ - 12 Inorganic (Cobble) Mulch SF 3869 $ - 13 Weed Barrier (Under Cobble Mulch Only) SF 3869 $ - 14 Organic (Wood) Mulch SF 18400 $ - 15 Deciduous Canopy Tree - 3" Cal. EA 8 $ - 16 Deciduous Canopy Tree - 2" Cal. EA 9 $ - 17 Ornamental Tree - 2 112" Cal. EA 5 $ - is Ornamental Tree - 1 1/2" Cal. EA 19 $ - 19 Shrub (1 Gallon Container) EA 181 $ - 20 Shrub (5 Gallon Container) EA 437 $ - 21 Ornamental Grass (1 Gallon Container) EA 168 $ - 22 Perennials & Groundcovers (1 Gallon Container) EA 185 $ - 23 Perennials & Groundcovers (4" Pot) EA 130 $ - 24 Glory of the Snow - Bulbs EA 500 $ - 25 Sod SF 955 $ - 26 Steel Edger LF 225 $ - 27 Boulders EA 77 $ - 28 Boulder Retaining Wall - appx. 15" tall LF 36 $ - 29 Traffic Control (assume 45 days) - Traffic Control Plan and Traffic Control to be provided by the contractor EA 45 $ - LANDSCAPE SUBTOTAL $ - Addendum 1 — 8131 Median Renovations at E Horsetooth & S Lemay Page 2 of 3 Dated at ,io .. !)6 this ?-(a day of JUJAl P, 20 G Company: YQY-b LJ—G By: Printed: Title: State of County of is (Name) being duly sworn deposes and says that he of (Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of 20_ (Seal) Notary Public My commission expires: LANDSCAPE KORBY VEHICLE AND EQUIPMENT LIST 2014 VEHICLES/Machinery TRAILERS #4 2005 GMC 4500 #5 2005 GMC #6 2005 GMC 3500 #7 Spyker Fertilizer Spreader #2 #9 Walker 56" Mulch Deck #12 4720 John Deere Tractor #21 Honda ARC 216 Mower #23 Orange Concrete Mixer #29 Polaris 500 #31 2004 Walker Mower #32 2005 Walker Mower #33 2007 Walker Mower #44 Honda Hand Tiller #45 Scotts Drop Spreader #47 1984 GMC Pickup #48 Tiller #51 Green Water Tank #52 White Water Tank #55 Landpride 425-84 Box Scraper #62 5520 JD Auger Bucket #66 Ford 20.0 Econoline Van #68 North Man 8' Snow Plow #71 Trac/VAc Blower #74 Boss Snow Plow #80 Small 4' Sod Roller #81 2004 Case Mini Sneaker Pipe Puller #82 Roger Sprayer #83 Honda Turfco Hand Sod Cutter #85 Lesco Push Spreader #2 Trail Boss #87 Lesco Push Spreader #3 #88 Spyker Fert. Spreader #90 Big Boss Polaris 5 Wheeler #91 Grey Wheelbarrow #95 Turfco Aerator #96 Honda HRX 217 #7A 2002 Superior Trailer #8A 1985 Maxey Trailer #11A Goldco 12A Haulmark Trailer #14A 2003 Carson Utility Trailer #15A PJ 201416' Dump Trailer vill .e i �P� '1L-IL01) T7`jrli.� 10HX)1110 #97 Red Max #1 Trimmer #98 Red Max #2 Trimmer #99 Red Max #3 Trimmer #100 Poulan Chain Saw #101 Yard Machine Tree Shredder #102 Grass Hopper 61" Mow Deck #103 Walker Spray Tank #1 #104 Feldman Pull -behind Aerator #1 #105 Feldman Pull -behind Aerator #2 #106 Walker 72" Mow Deck #107 Walker 60" Mow Deck #110 Rotary Brush for Walker #111 Stihl Hedge Trimmer #112 Echo Hedge Trimmer #113 Walker 48" Mow Deck #114 Walker 60" Mow Deck #115 36" Walk Behind Toro Mower #116 Power Washer #117 Walker Snow Blower #118 Walker Spray Tank #2 #119 Sweepsteer 60" Broom #120 Toro 21" Walk Behind Mower #121 Toro 21" Walk Behind HC Mower #123 Walker Snow Blade #1 #124 Walker Snow Blade #2 #125 JD Edger E 35 #126 Red Max HB 2260 Blower #127 SW Red Max Trimmer 41 #128 Red Max Trimmer #2 #129 Red Max Trimmer #3 #130 Red Max Trimmer #4 #131 Echo PB-60 HT Blower #1 #132Echo PB-60 HT Blower #2 #133 Echo PT-60 HT B lower #3 #134 JD Blower #135 Red Max EB 7000 Blower #1 #136 Red Max EB 7000 Blower #2 #137 Red Max EB 7000 Blower #3 #138 Tree Cart #140 2000 Gallon Bulk Fuel Tank #141 500 NO Lead Tank #148 Storage Shed 16'X8' #150 60" Walker Mow Deck #151 2005 Everide Warrior Mower #152 2004 Walker Mower #153 48" Walker Mow Deck #154 Red Max HBZ2601 Blower #155 Red Max BZ23N — Trimmer #158 Red Max TR 2300S #2 Trimmer #159 Red Max TR 2300S #3 Trimmer #161 Lesco Drop Spreader #180 JD Flail mower #181 JD Bucket #182 JD Bucket #183 Frontier 2272 Frontier Overseeder #201 10' Quick Plow #202 15' Quick Plow #211 Grasshopper Mower #212 Windfall Sprayer #213 Meyers ice melt spreader #214 8' Tractor Snow Plow Black #215 10' Tractor Snow Plow #216 Honda Snow Blower #217 Honda Snow Blower #218 Honda Snow Blower �-; �-{[Y'lv\ti�C-V1 at�a;�l J i .r. t* :$ K 0074 ? %i0'2- I ;i.�%e.. n: , a �i f..� �,, 4 7 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM SUBCONTRACTOR SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: August 31, 2015 TO: Korby Landscape LLC PROJECT: 8131 Median Renovation at Horsetooth & S. Lemay OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated (Contractor's Bid Datel for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8131 Median Renovation at Horsetooth & S. Lemay. The Price of your Agreement is One Hundred Ten Thousand Two Hundred Sixty -Eight Dollars and Fifty -Six Cents ($110,268.56). 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 September 15, 2015. 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 ContNcf Documents attached. OWNER By: r f I Gerry Paul Purchasing Director SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 31 st day of August in the year of 2015 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Korby Landscape LLC (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 8131 Median Renovation at Horsetooth & S. Lemay. ARTICLE 2. ENGINEER The Project has been designed by BHA Design and Hines Irrigation. The City of Fort Collins Parks Department, who is hereinafter called ENGINEER will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within Ninety(90) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within 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 (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Five Hundred Dollars ($55Q for each calendar day or fraction thereof that expires after the Ninety (90) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Two Hundred Dollars ($200) 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 Ten Thousand Two Hundred Sixty -Eight Dollars and Fifty -Six Cents ($110,268.56), 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. It, 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. 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. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: SHEET INDEX: C-1 COVER SHEET, DESIGN TEAM DIRECTORY, SHEET INDEX, VICINITY MAP, TREE PROTECTION SPECIFICATIONS EX-1 E*STING CONDMONS, DEMOLITION NOTES, TREE MITIGATION TABLE L-1 LANDSCAPE PLANS L-2 LANDSCAPE PUNS L3 LANDSCAPE PLANS, PLANT UST L-I PLANTING & LANDSCAPE DETAILS, GRADING ENLARGEMENTS, GENERAL NOTES IR-1.0 IRRIGATION LEGEND AND NOTES IR-2.0 IRRIGATION PAN IR-2.1 IRRIGATION PLAN IR-2.2 IRRIGATION PLAN IR-3.0 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 1 to 1, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not IRRIGATION 30 Backffow Prevention Unit-3/4" ZURN 375E EA 2 $ - 31 Master Valve Assembly EA 2 $ - 32 Flow Sensor Assembly EA 2 $ - 33 Isolation Gate Valve Assembly EA 11 $ - 34 Quick Coupling Valve Assembly EA 14 $ - 35 Remote Control Drive Valve Assembly EA 20 $ - 36 Automatic Drip Valve Assembly EA 2 $ - 37 Flush Cap Assembly EA 26 $ - 38 Drip Indicator Assembly FA 15 $ - 39 Drip Drip Ring (frees) EA 67 $ - 40 WeatherTRAK Central Pro3-2W48-SWM EA 1 $ - 41 #14 AWG Control Wire LF 3300 $ - 42 #12 AWG Common Wire LF 3300 $ - 43 1" Class 200 PVC Lateral Pipe LF 2400 $ - 44 1-1/4" Class 200 PVC Mainline Pipe LF 3000 $ - 45 3/4" Plyetheline Drip Lateral Pipe LF 6500 $ - 46 6" Pop-up spray heads EA 18 $ - IRRIGATION SUBTOTAL $ - LANSCAPE & IRRIGATION SUBTOTAL $ - MOBILIZATION, PERMITS, CONTRACTOR OVERHEAD, ETC. TOTAL BASE BID $ IN WORDS: Addendum 1 — 8131 Median Renovations at E Horsetooth & S Lemay Page 3 of 3 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. OWNE Y OF F LLINS By: GERRY PAUL PURCHASI (t DI ECT0�2 J/ \ Date: 6 J Attest: �V City Clerk Address for giving notices: s�rAL P. 0. Box 580 Fort Collins, CO 80522 Approved as to F Z59, Assistant City Attorney CONTRACTOR: KORBY LANDSCAPE LLC By: hl (I- A Si� vC L 1'9)R K-i PRINTED Title: M � »mb4 12 Date: 9 18 1) S L� (CORPORATE SEAL) Attest: Address for giving notices: a4rah EQe34 COU INA u Rd # b o 1.VtLL)n4+o,J Co- 805,fq License No.: + Iq b SECTION 00530 NOTICE TO PROCEED Description of Work: 8131 Median Renovation at Horsetooth & S. Lemay To: Korby Landscape LLC This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of 20_ The dates for Substantial Completion and Final Acceptance shall be 20_and 20_, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this 8 day of f P t 20j5— CONT'RnnACTOR: Korby Landscape LLC b By: �5 i L & Title: M£W\b4'- SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. BD 742404 KNOW ALL MEN BY THESE PRESENTS: that Korby Landscaping, LLC 2406 E CR 60, Wellington, CO 80549 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the 'Principal" and (Firm) Nationwide Mutual Insurance Company (Address) 1100 Locust Street, Des Moines IA 50391-2006 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 Ten Thousand Two Hundred Sixty -Eight Dollars and Fifty -Six Cents ($110 268 56) 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 31st day of August, 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8131 Median Renovation at Horsetooth & S. Lemay. 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. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 15th day of September , 24 j. IN PRESENCE OF: Principal_ Korby Landscaping, LLC L K St( yr L 0wrier- Uw�e� (Title) (Title) (Corporate Sea[) IN PRESENCE OF: 2WA E12 R �0 , Wcl1;Y (Address) Other Partners By: By: Surety: Nationwide Mutual Insurance Company By: Brian D. Ber, meier Attorney -in -Fact 1100 Locust Street Des Moines IA 50391 2006 (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. BD 742404 KNOW ALL MEN BY THESE PRESENTS: that Korby Landscaping, LLC 2406 E CR 60, Wellington, CO 80549 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Nationwide Mutual Insurance Company (Address) 1100 Locust Street, Des Moines R 50391-2006 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 Ten Thousand Two Hundred Sixty -Eight Dollars and Fifty -Six Cents ($110 268 56) 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 31 st day of August, 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8131 Median Renovation at Horsetooth & S. Lemay. 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. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 15th day of September 2015, IN PRESENCE OF: Principal: Korby Landscaping, LLC 0 W►ncX1-- 0vjwe;� (Title) (Title) (Corporate Seal) IN PRESENCE OF: ► � e e A�- i.4 A- 240 � Eck fro , W < l I:0% lam (4o, �yS49— (Address) Other Partners By: 0 Surety: Nationwide Mutual Insurance Company By: Brian D Berameier Attomey-in-Fact 1100 Locust Street, Des Moines IA 50391-2006 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. BD742404 KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: BRIAN D. BERGMEIER each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS AND 01100 $150,000 00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attomeys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attomeys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the jaL day of February, 2014 . �'� II!►�, Terrance Williams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company ;: �Fl +� and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, ..., : N+`,'U. AMCO Insurance Company,Allied Property and Casualty Insurance Company, and Depositors Insurance `�%.. Company P rty /��\, �_\ ACKNOWLEDGMENT �, wm 1 STATE OF IOWA, COUNTY OF POLK: ss / sin. - j#'6' "+ % On this 13`" day of February, 2014, before me came the above -named officer for the Companies aforesaid, to ,•:I.`+/ /�'SEAL;� me personally known to be the officer described in and who executed the precedin g g instrument, and he ' g� :+� acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer � of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and ���\, ♦�, direction of said Companies. Sandy Alitz(jyL�j/ ' Notarial Seal— Iowa-77 a /,;SEAL'II :SEAT, r / Commission Number rch, 2 Notary Public •..... � ,''e......I� MY Commission Expires Marcb, za,'17 ry \�� ,\�� CERTIFICATE My Commission Expires March I, Robert W Homer III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the orina12017 power of attorneythe Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has notlbeendrevoked or amended in any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this 151h day of September 20 15 Secretary This Power of Attorney Expires 8n 1/2016 1 BDJ 1(03-14) 00 05-80258 I c e `� CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDAVYy) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER01THlS 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 ORDERINSUREBY AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the PoliCY06s) 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 CONTACT Ni1ME: _ 1 Allan J. (L1118111 MOUNTAIN PLAINS AGENCY LLC PROM: - -- — -'FAX- - E%BP.9n0: 9?O.206D80n . 1. NPL 970.2(16A801 4532 MCMURRY AVE EMAIL —-- STE 101 AODREAS: quaml l rR'neennw lde.com INSUREKS)APPORDING COVERAGE W000 FORT COLLINS CO 80525-8023INSURER A NATIONWIDE MUTUAL INSURANCE COMPANY 23787 INsuRED -- - - INSURER a DEPOSITORS INSURANCE COMPANY _ 42587 INSURER C. AMCO INSURANCE COMPANY 19100 KORBY LANDSCAPE. LLC INSURER D 2406 E COUNTY ROAD 60 INSURER E: WELLINGTON CO 80549.1614 INSURER AT THIS IS TO CERTIFY TMTHE POLICIES OF INSURANCE LISTED BELOW NU HAVE INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION BEEN ISSUED TO THE INSURREVISION ED NAMED ABOVEB OR. THE POLICY PERIOD OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN INSR 'AODL 9UBR REDUCED BY PAID CLAIMS. LTIR TYPE OF INSURANCEIN POLICY NUMBER X COMMERCIALGEMERALLIABILRY _ MMII�mYY M00� rv� LIMITS • CWMS-MADE X,OLCUR EACH OCCURRENCE S 1,000.000 DAMAGE TO RENTED - - ,PREMISES (EaoP}NrrpKe) .I 1DO,000 C .. X ACP GLAD 30OW5981 MED EXP(my one Pown) rS 5.000 11/11/2014 11/11/2015 PERSONAL&ADVIwueY s 1.000.000 GENL AGGREGATE LIMIT A ES PER. X: POLICY - ,GENERAL AGGREGATE S 2.000,000 JMECT LOC OTHER: ' PRODUCTS- COMPMP ADD S 2,000,000 AUTOMOBILE LMaILITY S AUYAUTO INED INGLEUW Ee ecaaen (0 S 1.000,000 ALL OWNED B SCHEDULED X X BODILY IMURY(Per Perwn) S .AUTOS AUTOS ACP BAPO 3006865981 X HURED AUTOS X NONOWNED 11/11/2014 1111112015BODILY IWURY(Pal amaen)'S - AUTOS PROPERTY'DAMAGE 'S (PeraOCltlanl) _ _ UMBRELLALIAB X OCCUR S C EXCESS LIAR CLAIMS•MADE X ACP CAA 3006865981 EACH OCCURRENCES 1 000_OOO 11/11/2014 11/i i/2015 AGGREGATE DED RETENTIONS s 1,000,000 - - WORKERS COMPENSATION S AND EMPLOYERS' LIABILITY ANYPROPRIETOWPARTNEB/EXECUTIVE YIN OFFICERAIEMBEREXCEl NIA P H. STATUTE ER (eu l"wry b NH) EL EACH ACCIDENT S - , Nyn Wamue"in OG" FHI.ON OF OP[MT NS eegw EL DISEASE. EA EMPLOYEE: S CARGO E L DISEASE - POLICY LIMIT S 'R X ACP 3006865981 CARGO COVERAGE 50.000 11/11/2014 11/11/2015 DESCRIPTION OF OPERATIONS /LOCATIONS I VEHICLES (ACORD 101, A441umo Remade Schwab. MPy be atUchad If more epee* Ie nRWee) THE CITY OF FORT COLLINS STREETS DEPARTMENT IS INCLUDED AS ADDITIONAL INSURED IN RESPECTS TO THE REFERENCED. CITY OF FORT COLLINS STREETS DEPARTMENT 625 9TH STREET FORT COLLINS ACORD 25 (2014101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAN RE THE EXPIRATION DATE -.THEREOF, ,NOTICE WILL EAVERED IN ACCORDANCE THE POLICY Pg0)y(SION6. �/ AUTHORI7EDR RESENTATIVE Tairan J. O m CO 80524 uTggL-�M ACORD The ACORD name and logo are registered marks of ACORD ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE tMMd1DNYYYI PRODUCER Pinnawl Assurance DB/t7R014 7501 E Lowry Blvd .THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Denver, CO 80230-7006 AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED "-------- ------ - - _- -. INSURERS AFFORDING COVERAGE KorDy Landscape LLC _ _NAI� NSGRERA Pinnacol Assurance 2406 W County Road 60 INSVRERa - --" -- - ' . - 41T90 - Wellington. CO80549 NSUINRc _ 1 'NEVRERV COVERAGES 'NEURER E - THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER MAY PERTAIN. THE POLICY PERIOD INDICATED. NOTWITHSTANONG DOCUMMENT WITH RESPECT TO WHICH THE INSURANCE AFFORDED By THE POLICIES DESCRIBED POLICIES. THIS CERTIFICATE MAY BE ISSUED OR HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. " EXCLUSIONS AND CONDITIONS OF SUCH � � LIR (NERD TYPE Dr Ih6yMNfi POLICY NUMBER IDlxFpALuuaTrr I PDUCV EFFICTYE I POLKY!%PMT4NJ W}E NM'ODIYYYY OATEAwDDNYYYI I LI4TS LOMMlRGx GENERAL LABLLIIY EACH OCiVRRENCF __ _ 1 C4wE MADE COWR I I IO RENIFO � `YPEMISfS -_T OFNL AGGREGATE LIWT APPLaR4PER ftAAME U PERBONM6%DY wJURY _-- FFRW.R n _�_ POLICY �L_PROJEC_T�, LOC ERN _ 1w`0 AOOWBWTY LE LIMN6RIED Y T01NlOS IpED.WiW_ 1 1 r GAR,LD! LMKITY FAVTOONLY MY y'O EAACCIDENI 1— i _— O1NEp THIW fAACD 7 1RxcEs3V1mMIMLWBYTY --_�I 1--+ OCGW 11 CUJAS MME E.KH OCWRpfxCF AGGREGATE OEOUCTIeLE RETENTIG% EWOR%GICDYfIA L.-- IRIUTY Ili `—OTHER .'P RIETORNNTNERE%EW1rYf 4171624 1 03I01/2015 03101I2016 TORYLW114 OFFICER'MEMSPR E%GWEDf ELRK ACCIDBNI S1OO.ODp T py dews wsrnoe �mN SPELML PROYISUNEas �R%R fLOWASE EAMIPLOYEE _$100.000 tLOetAEE-IOLIOY LRNT i L DESCRIPTION OF oPERATpNaII.pdATN)NSNEHICLESIEXCLUSN7NSA DDED BY ENDORSEMENTISPBCIAL PROVISIONS 1-- —�-- � CERTIFICATE HOLDER----- — 13 CANCELLATION —" J CITY OF CITY OF FORT COLLINS STREETS DEPARTMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPMIY i 626 9TH STREET WILL ENDEAVOR TO NOTIFY 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO FORT COLLINS. CO 80524 j THE LEFT. BUT FAILURE TO NOTIFY SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 2$(2001108) Joseph Sanchez Underwriter ACORD CORPORATION 1988 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 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 CERTIFICATE HOLDER COPY CITY OF FORT COLLINS STREETS DEPARTMENT 625 9TH STREET FORT COLLINS, CO 80524 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following requirements: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows. A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident. $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury. including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1.000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 8131 Median Renovation at Horsetooth & S. Lemay LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins CONTRACTOR: Korby Landscape LLC CONTRACT DATE: Auoust 31, 2015 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. kl6UA CONTRACTOR AUTHORIZED REP ESENTATIVE DATE q I g 115 The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Korby Landscape LLC Gentlemen: You are hereby notified that on the day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Korby Landscape LLC for the City of Fort Collins project, 8131 Median Renovation at Horsetooth & S. Lemay. 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 August 31, 2015. 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: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Korby Landscape LLC (CONTRACTOR) PROJECT: 8131 Median Renovation at Horsetooth & S. Lemay The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of 20_ CONTRACTOR: KORBY LANDSCAPE LLC IQI By: L Title: MSvv\)0c'2 ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 by Witness my hand and official seal. Notary Public My Commission Expires: SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Korby Landscape LLC PROJECT: 8131 Median Renovation at Horsetooth & S. Lemay CONTRACT DATE: August 31, 2015 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) By: ATTACH: Power of Attorney and Certificate of Authority of Attorneys) -in -Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) N DO NOT WRITF IN TNIA APA(.r The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road: street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip). Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: Fax Number. I Business telephone number: l ) Colorado withholding tax account number: Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization. Principal contact's telephone number. Physical location of project site (give actual address when applicable and Cities and/or County (es) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start dale I completion date. l 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 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00700 GENERAL CONDITIONS SECTION 00020 INVITATION TO BID GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or paragraph Page Number & Title Number Number & Title Number 1. DEFINITIONS..................................................... 2. PRELIMINARY MATTERS ............. .......... ......... 3 1.1 Addenda.............................................1 2.1 Delivery of Bonds, ......... .................. 3 1.2 Agreement..........................................1 2.2 Copies of Documents ........................ 3 1.3 Application for Payment.......................1 2.3 Commencement of Contract 1.4 Asbestos.............................................1 Times; Notice to Proceed............... 3 1.5 Bid.....................................................1 2.4 Starting the Work............................. 1.6 Bidding Documents ............. _...... _..... 2.5-17 Before Starting Construction, 1.7 Bidding Requirements ................. ........ j CONTRACTORs Responsibility 1.8 Bonds ........................ ......................... J to Report; Preliminary Scheddes; 1.9 Change Order.__ ................................ l Delivery of Certificates of 1.10 Contract Documents.......... ............... .....1 Insurance................................3-4 1.11 Contract Price,,,,,,,,,,,,,_ , J 2.8 Preconstruction Conference,,,,,,,,,,,,, 4 1.12 Contract Times, .... .......................... 1 2.9 ]Initially Acceptable Scheduleg.... ..._:4 1.13 CONTRACTOR..................................1 1.14 defective.............................................1 3. CONTRACT DOCUMENTS: INTENT, 1.15 Drawings ........ ......... ..... I .... I .............. ..1 1 AMENDING, REUSE ....................... I.................4 1.16 Effective Date of the Agreemenk .......... 3 3.1-12 Intent.. .............................. -...._.....4 1.17 ENGINEER......................................... I 3.3 Reference to Standards and Speci- 1.18 ENGINEERS Consultant .... ................. J fications of Technical Societies; 1.19 Field Order.........................................1 Reporting and Resolving Dis- 1.20 General Requirements... ...................... 2 crepancies................................. 4-5 1.21 Hazardous Waste ............................... Z 3.4 Intent of Certain Terms or 1.22.a Laws and Rcgulations; Laws or Adjectives.....................................5 Regulations...... .......... ................. ;2 3.5 Amending Contract Docunents......... 5 1.22.b Legal Holidays ............................. .... 2 3.6 Supplementing Contract 1.23 Liens..................................................2 Documents......................... ......5 1.24 Milestone . ............................... ........... 2 3.7 Reuse of Documens....................... _5 1.25 Notice of Award ......... ................... .. 2 1.26 Notice to Proceed,,,,_. .... .................... 2 4. AVAILABILITY OF LANDS; 1.27 OWNER ................ ............ ............... 2 SUBSURFACE AND PHYSICAL CONDITIONS; 1.28 Partial Utilization ................. ..........2 REFERENCE POINTS5 1.29 PCBs ........... _.....................................2 4.1 Availability of Lands ......... ...... ....J_6 1.30 Petroleum „-,,,_„,-,............. -,,,,,..2 4.2 Subsurface and Physical 1.31 Project ........ _......................................2 Conditions .... .... ..... ._........... ...... 6 1.32.a Radioactive Material, ........................... 2 4.2.1 Reports and Drawings ...................... 4 1.31b Regular Working Haas.....................„2 4.2.2 Limited Reliance by CONTRAC- 1.33 Resident Project Rcpracntative,...........2 TOR Authorized; Technical 1.34 Samples ..............................................2 Data..................................... 1.35 Shop Drawings ................... ..,,,,,,,,,-„ 2 4.2.3 Notice of Differ' Subsurface utg 1.36 Specifications ...................................... or Physical Conditions..,-.............6 1.37 Subcontractor ................... 2 4.2.4 ENGiNEER's Review.......................6 1.38 Substantial Completion, ........................ 4.2.5 Possible Contract Documents 1.39 Supplementary Conditionq...................2 Change........................................ 6 1.40 Supplier..............................................2 4.2.6 Possible Price and Times 1.41 Underground Facilities, ..................... 2-3 Adjustments ......... .... __... ........... 6-7 1.42 Unit Price Work .................................. 4.3 Physical Conditions --Underground 1.43 Work..................................................3 Facilities .........................-..._.......7 1.44 Work Change Directive ....................... 3 4.3.1 Shown or Indicated .......................... 7 1.45 Written Amendment ...........................3 4.3.2 Not Shown or Indicated .............. ...... 7 4.4 Reference Points................................ 7 EICDC GENERAL CONSNTIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 91") Article or Paragraph pw Article or Paragraph Page Number & Title Number Number &Title Number 45 Ashesto-, PCBs, Petroleum. Hazardous Waste or Radioactive Material Y-S BONDS AND INSURANCE .................. ........... -.8 5.1-5.2 Performance, Payment and Other Bonds 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance...................8 5A CONTRACTORs 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 ................. 10 5.8 Notice of Cancellation Provision 10 5.9 CONTRACTOTs 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 ..................... JO-11 5.14 Acceptance of Bonds and Insm- once; Option to Replace ...................31 5.15 Partial Utilization --Property Insurance........................ ...............11 CONTRACTORS RESPONSIBILITIES ...............11 6.1-6.2 Supervision and Superintendence ....... 11 63-6.5 Labor, Materials and Equipment.,. 11-12 6.6 Progress Schedule..............................12 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR Expense; Substitute Construction Methods or Procedures, ENGINEERS Evaluation 12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights. ....................... J3-14 6.12 Patent Fees and Royalties ...................14 6.13 Permits, ...................................... ... 14 6,14 Laws and Regulations ........................34 6.15 Taxes ........................................... 14-15 6.16 Use of Premises ................................ 15 6.17 Site Cleanliness ................................ 15 6.18 Safe Structural Loading ..................... J5 6.19 Record Documents .............................35 6.20 Safety and Protection. .. . ................ J5-16 6.21 Safety Representative ......... _ ............ J6 6.22 Hazard Communication Program* ...... 16 6.23 Emergencies .............. ...................... 16 6.24 Shop Drawings and Sampleq .............. 16 6.25 Submittal Proceedures-. CON- TRACTORS Review Prior to Shop Drawing or Sample Submittal... .......................... __ ... 16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEE3( ..... 16-17 6.27 Responsibility for Variations From Contract DocurnentS, ........... 17 6.28 Related Work Performed Prior to ENGTNEER's Review and Approval of Required Submittals 17 6.29 Continuing the Work., ................... 17 6.30 CONTRACTORS General Warranty and Guarantee .............17 6.31-6.33 Indemnification__._.,_,__ .. ......... 17-18 6.34 Survival of Obligations ...................38 7. OTHER WORT: ...................... . .................. J8 7.1-7.3 Related Work at Sitc, ..... ................ )8 7.4 Coordination ................................. 18 OWNERS RESPONSIBILITIES .........................18 8.1 Communications to CON- TRACTOR ............... IS 8.2 Replacement of ENGINEER ........... IS 8.3 Furnish Data andPay Promptly When Due 18 8.4 Lands and Easements, Reports and Tests 18-19 8.5 Insurance .......................................19 8.6 Change Ord rk .............................. j9 8.7 Inspections, Tests and Approvals ...................................19 9.8 Stop or Suspend Work, Terminate CONTRACTORs Services 19 8.9 Limitations on. OWNERS Responsibilities ............................19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material )9 8.11 Evidence of Financid Arrangern ents ..............................19 ENGINEERS STATUS DURING CONSTRUCTION .......................................... _19 9.1 OWNER's Representative .. ............. 19 9.2 Visits to Site ...... ....................... ... 19 93 Project Representative ............ .... 19-21 9.4 Clarifications and Interpre- tations, ...... ................................. 21 9.5 Authorized Variations in Wrk 21 EJCDC GENERAL CONDITIONS 1910 -8 (1990 MITION) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Rage Article or Paragraph Page Nwnber & Title Number Number & Title Number 9.6 Rejecting Defective Work ...................71 9.7-9.9 Shop Drawings, Change Orders and Payments ....... ............................ 21 9.10 Determinations for Unit Prices,,.... 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interprotc( ..............22 9.13 Limitations on ENGINEERS Authority and Responsibilities.... 22-23 CHANGES IN THE WORK 23 10.1 OWNER'S Ordered Change ................ P 14. 10.2 Claim for Adjustment .......................23 10.3 Work Not Required by Contract Documents 23 10.4 Change Orders .................................. 23 10.5 Notification of Surety ........................23 CHANGE OF CONTRACT PRICE '** ............. . ........................2.3 11.1-113 Contract Price; Claim for Adjustment; Value of the Work 23-24 11.4 Cost of the Work ..........................24.25 11.5 Exclusions to Cost of the Wort; .......... 25 11.6 CONTRACTORs Fee 25 11.7 Cost Records 11.3 Cash Allowances ...............................26 11.9 Unit Price Work............_ ................. 26 CHANGE OF CONTRACT TIMES ............................26 12.1 Claim for Adjustment ........................26 12.2 Time of the Esseacq..........................26 12.3 Delays Beyond CONTRACTORS Control ...................................... :26-27 12.4 Delays Beyond OWNEWs and CONTRACTOR!s Control ...............27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTUT WORK ..................................................77 131 Notice of Defects ...............................77 13.2 Access to the Work ............................27 13.3 Tests and Inspections; CONTRACTORs Cooperation ........ _27 13.4 OWNERs Responsibilities; Independent Testing Laboratory...... 27 13.5 CONTRACTORs Responsibilities ........ ......................27 13.6-13,7 Covering Work Prior to Inspec- tion. Testing or Approval ................27 13.8-13.9 Uncovering Work at ENGI­ NEERs Request ..................... 77-28 13.10 OWNER May Stop the Work,,.,,,,.,. 28 13.11 Correction or Removal of Defective Work ..........................28 13.12 Correction Period, ..... ....................28 13.13 Acceptance of Defective Work ......... 28 13.14 OWNER May Correct Defective Work ..................................... 28-29 PAYMENTS TO CONTRACTOR AND COMPLETION .............................................. _.29 14.1 Schedule of Values ............... __ ...... 29 14.2 Application for Progress Payment............................. ....... 29 14.3 CONTRACTORs Warranty of Title . ........... 29 14 4-141 Review of Applications for Progress Payments ................ _29-30 14.8-14.9 Substantial Completion ..................30 14.10 Partial Utilizatim .......... _ ....... 30-31 14.11 Final Inspection..._......„................. 31 14.12 Final Application for Payment ........ 31 14.13-14.14 Final Payment and Acceptance .... *' 31 14.15 Waiver of Claims ...................... 31-32 15. SUSPENSION OF WORK AND TERMINATION 32 15.1 OWNER May Suspend Work .......... 32 15.2-15.4 OWNER May Terminate ................. 32 15.5 CONTRACTOR May Stop Work or Terminate ................ A2-53 16. DISPUTE RESOLUTION __ 33 17. MISCELLANEOUS 33 17.1 Giving Notice ...................... . ........ 33 17.2 Computation of Times, .................... 33 17.3 Notice of Claim ..............................33 17.4 Cumulative Remedies ..................... 33 17.5 Professional Fees and Court Costs Included.............................33 17.6 Applicable State Laws ................ 33-34 Intentionally left blank.,-.,,.. ......... . ................... 35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement..„.„............. .GC-Ali 1&1-16.6 Arbitration ............................ PC -Al 16.7 Mediation...............................GC-Al EXVC GENULAL CONDITIONS 1910 -8 (1990 EDITION) wt CITY OF FORT COLONS MODIFICATIONS (REV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of — Bonds and Insurance........................................5.14 defective Work ............................10.4.1. 13.5,13.13 final payment.........................................9.12, 14.15 insurance .........................................................5.14 other Work by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Item; ..................... 6.7.1 Work by OWNER .............................. 2.5,6.30,6.34 Access to the -- Lands, OWNER andOONTRACTOR responsibilities .............................................. 4.1 site. related Work .............................................. 3.2 Work . .......................................... 13.2.13.14,14.9 Acts or Om issions--, Acts and Omissions — CONTRACTOR 6.9,1,9.13.3 ENGINEER ...........................................620, 9.13.3 OWNER.................................................... 0.20.8.9 Addenda --definition of (also see definition of Specifications) .......(1.6.1.10.619), 1.1 Additional Property Insurance ................................. 5.7 Adjustments — Contract Price or Contract Times ........................... 1.5,3.5, 4.1, 4.3.2, 4.5.2. .............................. 4-5_3, 9.4,9.5. 10.2-10.4, .........................................11. 12, 14.8. 15.1 progress schedulq ............. _ ................ _ ........... 6.6 Agreement -- definition o( ......................................................1.2 "All -Risk" Insurance, policy for............................5.6.2 Allowances. Cash ....................................................11.8 Amending Contract Document4 ................................ 3.5 Amendment, Written — in general ................ ).10, 1.45,3.5, 5.10, SAZ 6.6.2 ................. 4.8.Z 6.19.10.1. 10.4,11.2 ....................................12.1. 13.12.2,14.7.2 Appeal, OWNER or CONTRACTOR intent to..........................9.10, 9.11. 10.4. 16.2. 16.5 Application for Payment — definition of ......................................................3.3 ENGTNEERs Responsibility .............................. 9.9 final payment., ....... ........ 9.13.4,9.13.5,14.12-14A5 in general .......................... Z8, 2.9,5.6.4. 9.10. 15.5 progress payment ...................................... 14.1-14.7 review of .................................................. 14.4-14.7 Arbitration .................... ........... .................... 16.1-16.6 Asbestos — claims pursuant thereto,,,,-„...................4.5.2.4.5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definition of ........................................................1.4 Article or Paragraph Number OWNER responsibility for, ............................. 4.5.1,8.10 possible price and times change ........... ............ 4.5.2 Authorized Variations in Work ......... ;3.6.6M. 6.27, 9.5 Availability of Lands...... .. ... ................ _ . - ..4.1. 8.4 Award, Notice of -defined ...... ................................ 1.25 Before Starting Constructionk .............................. 2.5-2.8 Bid —definition of ........................ 1. 5 (1. 1, 1. 10, 2.3, 3.3, ......................... 4.2.6.4, 6,13, 11.4.3. 11.9. 1) Bidding Documents —definition Of .................................... J.6 (6.8.2) Bidding Requirements —definition of ................................. ---...1.7 (1.1, 4.2.6.2) Bonds — acceptance of .......... . ............... . .......... ........ 5.14 additional bonds ........................... __10.5.11.4.5.9 Cost of the Work ............................. . .............. 11.5.4 definition of ........................................................1.8 delivery of .................................. ................ 7.1,5.1 final Application for Payment ................. 14.12-14.14 general ......................................1.10, 5.1-5.3, 5.13, ........................................9.13, 10.5. 14.7.6 Performance, Payment and OtheT .................. 5.1-5.2 Bonds and Insurance —in general .................................5 Builder's risk "all-risk' policy form.........................5.6.2 Cancellation Provisions, Insurance-------- 5.4.11, 5.8, 5.15 Cash Allowances ................................................... JI.8 Certificate of Substantial Completion ........ 1.38. 6.30.2.3. ......... ....... .............. ............ 14.8.14.10 Certificates of Inspectior% ...................9.13.4. 13.5, 14.12 Certificates of Insurance.............2.7. 5.3. 5.4.11, 5.4.13. .......................5.6.5, 5.3, 5.14, 9.13.4, 14.12 Change in Contract Price — Cash Allowances ILS claim for price 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. 119, ....................... J3.13, 13.14, 14.7.15.1, 15.5 CONTRACTORs fee .........................................11.6 Cost of the Work general ................................................ 11.4-11.7 Exclusions to . ........ ..................................... 11.5 Cost Records .....................................................11.7 in general ............. J. 19. 1.44, 9.11. 10.4.,7 10.4.3. 11 Lump Sum Pricing ......................................... 11-3.2 Notification of Surcty .........................................10.5 Scope ot ................................................... JO.3-10.4 Testing and Inspection, Uncovering the Work..................................13.9 EJCDC. GENERAL CONDITIONS 1910 -8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9f99) Unit Price Work.........__. . 1I-9 CONTRACTOR's Fee ............. ................. . .....11.6 Article or Paragraph Number Value of Work ..................... ............................ J1.3 Change in Contract Times - Claim for times adjustment ....... AA, 42.6, 45. 5.15, ......... 6.8.2, 9.4, 9.5. 9.11, 10.2, 10.5. 12.1. ­ ......... 13.9,13.13,13.14,14.7,15.1,15.5 Contractual time limits.....................................12.2 Delays beyond CONTRACTORs control.......................................................12.3 Delays beyond OWNERs and CONTRACTOR's control .............................12.4 Notification of surety .........................................10.5 Scope of change ........................................ 10.3-10.4 Change Orders -- Acceptance ofLiefiectrw Work_........................13.13 Amending Contract Documcn4 .......................... 3.5 Cash Allowances .............. 11.8 Change of Contract Prict; .....................................I I Change of Contract Times...................................12 Changes in the Wor$.......................................... JO CONTRACTOWs fee ........................................11.6 Cost of the Work ................................... _3 1.4-11.7 Cost Records ... ** ­ ... **'*'*'-'-'*'*-'*"'* ...... ­ ...... 11.7 definition of ................................................. ..... 1.9 emergencies................ . ................................... 0.23 ENGINEERS responsibility ....... 9.8.10.4.11.2, 12.1 execution of .....................................................10.4 ....... * ..... ** ..... *­ .... * ................ ...... 10.4 Indemnifictioq .................. . ..... 6.1Z 6.16, 6.31-633 Insurance, Bonds and ...................... 5,10,5,13,10.5 OWNER may terminate............................ 15.2-15.4 OWNER's Responsibility... ......................... $.6,10.4 Physical Conditions - Subsurface and .............................................4.2 Underground Facilities-... ........................... 4.3.2 Record Documents A19 Scope of Change ....................................... 10.3-10.4 Substitutes .............................................63.3, 6.8.2 Unit Price Work ... .......................................... J1.9 value of Work, covered by .................................11.3 Changes in the Work.................................................)0 Notification of surety ........................................10.5 10.5 OWNERs and CONTRACTORs responsibilities............................................10.4 Right to an adjustment ..................................... 10.2 Scope of change ........................................ 10.3-10.4 Claims -- against CONTRACTOR ....................................6.16 against ENGINEER ................... ..................... :6. 32 against OWNER ..... .............................. .......... !132 Change of Contract Price ...........................9.4, 11.2 Change of Ccntract Times...........................9.4, 12.1 CONTRACTORs .............4. 7.1. 9.4. 9.5, 9.11, 1 Q.Z .......................I I.'Z 11.9, 111, 13,9. 14.8. ............. I ...... I ........... ........ _15.1.15.5.17.3 Article or Paragraph Number CONTRACTOR!s liability,,,,,,,,,, 5.4.6.I2, 6.16.6.31 Cost of the Work 11.4,11.5 Decisions on Disputes............................. -9.11,932 Dispute Resolution ............................................16.1 Dispute Resolution Agreement ........ ......... J6.1-16.6 ENGINEER as initial interprd4x ............. ......... 9.11 Lump Sum Pricing.........................................11.3.2 Noticeo...........................................................13.3 OWNERs ....................9.4, 9.5.9.11,10.2,11.2,11.9 ........................12.1. 119, 13.13. 13.14. 17.3 0AINERs liability ............................................... 5.5 OWNER may refuse to make paymenk ................14.7 Professional Fees and Court Costs Included, .............. ................ __ ... 17.5 request for formal decision on ............................ 9,11 Substitute Items 0.7.1.2 Time Extension.................................................12.1 Time requirements, ................................... 9.11,12.1 Unit Price Work .............................................11.9.3 Value of 1.1.3 Waiver of --on Final Payment ................. J4.14,14.15 Work Change Directive .....................................10.2 written notice required ......................9.11. 1 LZ 12.1 Clarifications and Interpretations,,,,,,,,,,,, 343,9.4,9.11 Clean Site ._ ............... ............... __ .... ............. _6.17 Codes of Technical Society, Organization or Association ..................................................3.3.3 Commencement of Contract Times .................... ...... 2.3 Communications— general ................... ............... ........... 6.Z 6.9-2' 8.1 Hazard Communication Program.......................6.22 Completion - Final Application for Payment .........................14.12 Final Inspection .............................................14.11 . . . . ............................ 14.11 Final Payment and Acceptance ............... )4.13-14.14 Partial Utilization ..................................... ..... 14.10 Substantial Completion ...................... 1,38.14.&14.9 Waiver of Claims ............................................ J4.15 Computation of Times ............................... 17.2.1-17.12 Concerning Subcontractors, Suppliers; and Othcrs................................................. !im.l 1 Conferences -- initially acceptable schedules,,,-„........................ 2.9 precorestructiort ..................................................2.8 Conflict. Error, Ambiguity, Discrepancy - CONTRACTOR to Report ..........................2.5, 3.3.2 Coristructiort, before starting by CONTRACTOR 2.5-2-7 Construction Machinery, Equipment. etc .................. 6.4 Continuing the Work ............. ....................... 6.29,10.4 Contract Documents - Amending..........................................................3.5 Bonds 5.1 EJCDC CENERAL CGNITIONS 1910-8 OM EDMON) w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9/99) Cash A[ lo%%mnrcs ....... .. --- ....... --------------- - JI 8 Article or Paragraph Number Change of Contract Pricq .................................... I I Change of Contract Times "' ... ....... ..................... 12 Changes in the Work ........ * ................ I ...... 10.4-10.5 check and verify .................................................2.5 Clarifications and Interpretations ......................... 3.2,3.6. 9.4, 9.11 definition of .....................................................1.10 ENGINEER as initial interpreter of ................... 9.11 ENGINEER as OWNER's representativq ............. 9.1 generaI3 Insurance...........................................................5.3 Intent........................................................ 3.1-3.4 minor variations in the Work ..............................3.6 OWNER's responsibility to famish data-------------- 8.3 OWNER's responsibility to make prompt payment ......................... . 8.3, 14.4,14.13 precedence_ ............. .......... ............... 3.1.3.3.3 Record Documents., .......................................... (L 19 Reference to Standards and Specifications of Technical Societies ................................... 3.3 Related Work .................................................... :7.2 Reporting and Resolving Discrepancii es ........ 2.5,3.3 Reuseof ..................... ...................................... 3.7 Supplementing ..................................................3.6 Termination of ENGUslEER's Employment ...... ... 8.2 Unit Price Work ............................................... JI9 variations .......................................... 3.6,6.23,6.27 Visits to Site, ENG-INEEWq ............................... 9.2 Contract Pf ice - adjustment of ................ 3.5,4.1, 9.4,10.3.11.2-11.3 Changeof ..........................................................I I Decision on Disputes ............... _ ................... ... 9.11 definition of .....................................................1.11 Contract Times - adjustment of .................. ........3.5.4.1. 9.4,10.3.12 Change of... ......................... ................... 12.1-114 Commencement oC............................................ . 2.3 definition of .....................................................1.12 CONTRACTOR - Acceptance of Insuninc................................... . 5.14 Communications......................................6.2, 6.9.2 Continue Work ......................................... 6,29,10.4 coordination and scheduling ............................0..9.2 definition of ........... ............. ... . .................. J.13 Limited Reliance on Technical Data Authorized ................ .............. ......... 4.2.2 May Stop Work or Tam inatc ............................15.5 provide site access to others,,,,,,,,,,,,,,,,,,,,,,, 7,2, 13.2 Safety and Protection ... ............... 4.3.1.2, 6.16. 6.18. ............................. - I ..... 6.21-6.23, 7.2. 13.2 Shop Drawing and Sample Review Prior to Submittal, .......................................0.25 Stop Work rcqwrcmcnts,.,,,- .......... 4.5.2 CONTRACTOR's- Article or Paragraph Number Compensation .................. ......................... 11.1-11.2 Continuing Obligation .....................................14.15 Defective Work ...............................9.6. 13.10-13.14 Duty to correct defective Work ..........................13.11 Duty to Report - Changes in the Work caused by Emergency.. ......................................... 6.23 Defects in Work of Others.............................7.3 Differing condition* ...................................4.2.3 Discrepancy in Documents ......... 2.5, 3.3.2. 6.14.2 Underground Facilities not indicatc4 .......... 4.3.2 Emergencies.......-_..........._....---- .......... ...........0.23 Equipment and Machinery Rental, Cod of the Work 11.4.5.3 Fee--CostPlus,,,,,,,,,,,,,,,,_,,,-„11.4.5-6,11-5-1,11.6 General Warranty and Guarantvq.......................0.30 Hazard Communication Programs .....................0.22 Indemnification... ...................... 0AZ 6.16. 631-6.33 Inspection of the Work... I ........................... 73, 13.4 Labor, Materials and Equipment .................... 0.3-6.5 Laws and Regulations, Compliance by,,,,,,,,,,,,, 6.14.1 Liability Insurance ..............................................5.4 Notice of Intent to Appeal .........................9.10, 10.4 obligation to perform and complete theWork .................................................... 0.30 Patent Fees and Royalties, paid for by ................. 6.12 Performance and Other Bonds 5.1 Permits, obtained and paid for by .......................0.13 Progress Schedule...........................Z.6.18. 2.9. 6.6. ........................................6.29. 10.4. 151.1 Request for formal decisionon disputes ........... ... 9.11 Responsibilities -- Changes in the Work, ....... ..... ............ --10.1 Concerning Subcontractors, Suppliers and Others Continuing the Work ...................... ... 0.29.30.4 CONTRACTOR's expense ......................... §71 CONTRACTORs General Warranty and Guarantee 6.30 CONTRACTOR s review prior to Shop Drawing or Sample submittal.................6.25 Coordination of Work ................................ 6-9.2 Emergencies, .............................................. 15.23 ENGINEER!s evaluation, Substitutes or *Or-Fqual" Items,,,, ....... .. .. .......... � j6.7.3 For Acts and Omissions of Others ............................ 6.9.149-2,9-13 for deductible am ounts,insurance, .................. 5,9 general .................................. _ _ 0. 7.',) 7.3.8.9 Hazardous Communication Programs...-...... 6.22 Indemnification ................................... 6.31-6.33 vii EJCDC GL14ERAL COND111ONS 1910.8 (1 "0 ED1710M wi CITY OF FORT COLUMMODEFICAMONS (REV 9/99) Labor, Materials and Equipment ..............6.3.6.5 Laws and Regulations ... ..... ....... ............ 6.14 Liability Insurance. .... ...... 5.4 Article or Paragraph Number Notice of variation from Contract Documents ...........................................15.27 Patent Fees and Royaltie.............................6.12 Permits ......................................................0.13 Progress Schedule...._................................... 6.6 Record Documents...................................... 6.19 related Work performed prior to ENGINEERS approval of required submittals ............................................. 6.28 safe structural loadirig 6.18 Safety and protection ....................6.20, 7.2. 13.2 Safety Representative ............... ....... .... 6,21 Scheduling the Work ..................................6.9.2 Shop Drawings and Samples,,,,,,,,,,,,,,,,, 0.24 Shop Drawings and Samples Review by ENGIIIEER ............................. ........ 626 Site Cleanliness A 17 Submittal Procedures 6.25 Substitute Construction Methods and Procedures 6.7.2 Substitutes and "Or -Equal" Items ................ §.7.1 Superintendenct; ........................................... 6.2 Supervision ... .......................... .................... 6.1 Survival of Obligations ................................6.34 Taxes 0.15 Tests and Inspections ..................................13.5 ToReport ............................. ......... .............. 2.5 Use of Premises ..................... 0.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................................625 Right to adjustment for changes in the Work ..... 10.2 right to claim._,_._..,,,, 4, TL 9.4, 9.5, 9.11, 10.2,11.2, 1 L9, 12.1, 13.9, 14.8, 15.1. 'Protection 15.5, 17.3 Safety and ................. §.20-6.2,2 7.), 13.2 Safety Representative ........................................ 6.21 Shop Drawings and Samples Submittals,,,, 6.24-6.28 Special Consultants........................................11.4.4 Substitute Comtruction Methods and Procedurcs.63 Substitutes and "Or -Equal" Items. Expense ........................................... 6.7.1, 6.7.2 Subcontractors. Suppliers and Other;.,,.,,,,,, Supervision and Superintendenoq ......... 6. 1, 6.2, 6.21 Taxes. Payment by ........................... ................. 6.15 Use of Prem iscs. . ... ... - ..................... ....... 6.16-6.18 Warranties and guarantees ....... . ........... . _0.5, 6.30 Warranty of Title ..............................................14.3 Written Notice Required - CONTRACTOR stop Work or terminM ....... 15.5 Reports of Differing Subsurface and Physical Condition* ........................4.2.3 Substantial Completion, . ........ .................... 14.8 viii CONTRACTORS -other.... ................. ...................... 7 Contractual Liability Insurance., ....... ........... ........$,4.10 Contractual Time Limits., ....................................... 17-2 Article or Paragraph Number Coordination- CONTRACTORs responsibility ......................... 6.9.2 Copies of Documents ................................................ 2.2 Correction Period ........ ........................................ 13.12 Correction. Removal or Acceptance of Defective Work- in general .................. ................ 10.4.1,13.10-13.14 Acceptance ofDefective Work ..........................13.13 Correction or Removal of Defective Work ................................. 6.30,13.11 Correction Period ............................................13.12 OWNER May Correct Defective Work ..............13.14 OWNER May Stop Work ...... ...................... ... 13.10 Cost - of Tests and Inspection ..................................... 13A Records 11.7 Cost of the Work - Bonds and insurance, additional ...................11.4.5.9 Cash Discounts .. ........ ­'­­ ....... ­­­ .......... J1.41.2 CONTRACTOR's Fee 11.6 Employee Expenses, ............................ ........ 11.4.5.1 Exclusions tc, 11.5 General 1 L4-11.5 Home office and overhead expense; ....................11.5 Losses and damages .............................. 1.4.5.6 Materials and cquipmcnt ................... ...... ..... 11.4.2 Ifinor expenses ................. ....................... J1.4.5.9 Payroll costs on changes .............................. . . 11.4.1 performed by Subcontractors ...........................11.4.3 Records 11. 7 Rentals of construction equipment and machinery ................. ....... ............ J 1.4.5.3 Royalty payments, permits and license fees ........ ..... ­­ ....... ­­.... '­­ ......... 11.4.5.5 Site office and temporary facilities,,,,,,,,,,,,,,,,) 1.4.5.2 Special Consultants, CONTRACTORs ............ J 1.4.4 Supplemental .................................................11.4.5 Taxes related to the Work............................11.4.5.4 Tests and Inspection, .........................................13.4 Trade Discounts .......... ....... . ......................... 11.4.2 Utilities, fuel and sanitary facilities .............. J 1.4.5.7 Work after regular hours ...............................11.4.1 Covering Work ...... .............. ......................... 13.6-13.7 Cumulative Remedies 17.4-17.5 Cutting, fitting and patching ................................... 7.2 Data to be famished by OWNER .............................8.3 Day -definition of ................................................ J7.2.2 Decisions on Disputes, ......................... .......... 9.11,912 defective -definition of ................... .................. 3.14 defective Work - Acceptance o.......................................10.4.1, 13.13 EXMC (ENRL& MMTIONS 1910 -8 (IM EDITION) wt aTy OF FORT call MODTICAII OATS (REV 9199) Correction or Removal of 10.4.1, 13-11 Correction Period . .................. ......... 33.12 in general ........... .... ... I . ............. 13, 14.7. 14.11 Article or Paragraph Number Observation by ENGINEER ............................... 9.2 OWNER May Stop Work ........................ . ...... 13.10 Prompt Notice of Defects ...................................13.1 Rejecting..................... . .................................... 9.6 Uncovering the Work .......................................13.8 Definitions .................................................... I Delays ............................... I ...... 4.1, 6.29, 12.3-12.4 Delivery of Bonds .....................................................2.1 Delivery of certificates of insurance ............................7.7 Determ inations for Unit Prices ................................. 9.10 Differing Subsurface or Physical Conditions — Noticeof.__._....._ ............................ ............. 4.2.3 ENGINEER's Review ......................................4.2.4 Possible Contract Documents Change ............... 1,23 Possible Price and Times Adjustments,..,.,...... . 4.2.6 Discrepancies -Reporting and Resolving ............... .............. - 2.5. 3.3.Z 6.14.2 Dispute Resolution — Agreement ................................................ 16.1-16.6 Arbitration ............. ...... ........................... 16.1-16.5 general 16 Mediation .................... ........ .......................... j6.6 Dispute Resolution Agreement .............. .......... 16.1-16.6 Disputes, Decisions by ENGINEER ................... 9.11-9.12 Documents — Copiesof ........................................................... 2.2 Record 6.19 Reuse of ............................. I ........ 3.7 Drawings —definition of...........................................3.15 Easements ............................................................. 4-1 Effective date of Agreement -- definition qf.. ............ J.16 Emergencies.._.......... .. . .. .... ...... .. .............. 0-23 ENGINEER — as initial interpreter on disputes ................ 9.11-9.12 definition of ........................................ ............. 1.17 Limitations an authority and rcsponsibilitiqj ..... 9.13 Replacement of ..................................................8.2 Resident Project Representative.„_ ENGINEERs Consultant -- definition of ..................1.18 ENGINEERs-- authority and responsibility, [imitations oo, .... _.9.13 Authorized Variations in the Work ..................... 9.5 Change Orders, responsibility for....., 9,7.10,11.12 Clarifications and Interpretations_ .._ ... ­.3.63, 9.4 Decisions an Disputes .................. ............ 9.11-9.12 defective Work, notice of..................................13.1 Evaluation of Substitute heiriii ..........................0.7.3 Liability ...................................................0.32. 9.12 Notice Work is Acceptable ...............................14.13 Observationk .......................................... 0.30.2,9.2 OWNERs Representative .................. ................ 9-1 Payments to the CONTRACTOR, Responsibility for ..................................... 9.9.14 Recommendation of Paymen....................14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations oa ................ 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions .............................. 4.2.4 Shop Drawings and Samples, review responsibility ......... ................... ................. 6.26 Status During Construction -- authorized variations in the Work .................9.5 Clarifications and Interpretation; ..................94 Decisions on Disputes .......................... 9.11-9.12 Determinations on Unit Price ......................9.10 ENGINEER as Initial Interpreter......... 9.11-9.12 FNGINEFRs Responsibilities ................ 9.1-9.12 Limitations on ENGTNFERs Authority and Rtsponsibilitic* ..............................9.13 OWNUVs Representative ......... ............ . ...... 9.1 Project Representative ............... . .................. 9.3 Rejecting Defective Work ............................... 9..6 Shop Drawings, Change Orden and Paymentsk .......................... ........ 9.7-9.9 Visits to Site .............. ... .......... ......... .... 9.2 Unit Price determinations .................................9.10 Visits to Site ............................. .........................9.2 Written consent requirc4 ..............................7.2, 9.1 Equipment, Labor, Materials and ........................ 0.3-6.5 Equipment rental, Cost of the Work ..................31.4.5.3 Equivalent Materials and Equipment.........................0.7 error or emissions ..................................................0.33 Evidence of Financial Arrangement$ .......................8.11 Explorations of physical conditionq ........................ 41.1 Fee, CONTRACTOWs—Costs Plui...........................11.6 Field Order -- definition of .....................................................1.19 issued by ENGINEER ................................3.6.1.9.5 Final Application for Payment ..............................14.12 12 Final Inspection ...................................................14.11 Final Payment — and Acceptance .................. ........... . ..... 14.13-14.14 Prior to, for cash allovonces ...............................11.8 General Provisions .......................................... 17.3-17.4 General Requirements — definition of .....................................................1.20 principal references to ............. 2.6.6.4.6.6-6.7.6.24 GivingNotice .........................................................37.1 Guarantee of Work —by CONTRACTOR,..,,.,, . 630,14.12 Hazard Communication Program ........................... 0,22 Hazardous Waste — definition of ................................ . ................... 1.21 general............................................................. 4.5 OWNER's responsibility for..............................8.10 EJCDC GENE M CONDITIONS 1910-8 11990 EDITIOM W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification ..............................0.11 6.16,6.31-6.33 I Initially Acceptable Schedules ................................... 2.9 Inspection— Certificates of .............................. 9-13.4.13.5, 14.12 Final........................................................... 14.11 Article or Paragraph Number Special, required byENGINEER ...........................9.6 Tests and Approval .... ........................ $.7.13.3-13.4 Insurance — Acceptance of, by OWNER,.._.................... .5,14 Additional, required by changes in the Work ............................................11.4.5.9 Before starting the Work ..................................... 2.7 Bondsand --in general ........................................... Cancellation Provisions ...................................... 5.8 Certificates of ... -7, 5, 5.3, 5A.11, 5.4.13. ......... 5.6.5. 5.8, 5.14, 9.13.4,14.12 completed operations ............. ......... I ........ I ... 1.5.4.13 CONTRACTORs Liability ..................................5.4 CONTRACTORs objection to coverage .............5.14 Contractual Liability ................ ............. . ..... 5A 10 deductible amounts, CONTRACTOWs responsibility ....................... . ...................... 5.9 Final Application for Paymant� ............... ...... _14.12 Licensed Insurers 53 Notice requirements, material changes.....,, 5.9,10.5 Option to Replace .............................................5.14 other special insurances .................................... 5.10 OWNER as fiduciary for insureds .............. 5.12-5,13 OWNERs Liability ............................... ........... 53 OWNERs Responsibility ......... ............. ............ 8.5 Partial Utilization. Property Insurance ...............5.15 Property................................. I ............ .. ... 5.6-5.10 Receipt and Application of Insuninct: Proceeds '....................... ... . . ............. 5.12-5.13 Special Insurance. -------_................................... 5.10 Waiver of Rights..............................................5.11 Intent of Contract Documents ..............................3344 Interpretations and Clarifications.,,...................3.6.3. 9.4 Investigations of physical condition; .........................4.2 Labor. Materials and Equipment ........................... 6.3-6.5 Lands -- andEasements .............................................. $.4 Availability of .............................................A.1. 8.4 Reports and Tests...............................................8.4 Laws and Regulations —Laws or Regulations— Bonds _ ............. P .... ........ ......... __5 .1-3.2 Changes in the Work... .............. .................. ... 10.4 Contract Documents...........................................3.1 CONTRACTORs Responsibilities ..................... 6.14 Correction Period, defective Work .................... ji.12 Cost of the Work, taxes ...............................11.4.5.4 definition of ............................ ................ ... gencra[6.14 IndemnificatioR................ _ ......... .......... 6.31-6.33 Insurance... .................... ....... ........................... 5.3 Precedence . ...... .................... __ ............3. 1, 3.3.3 Reference to....................................................3.3.1 Safety and Protection ................ ............... 620,13.2 Subcontractors, Suppliers and Other% ........... 6.8-6.11 Article or Paragraph Number Tests and Inspections, ............................ -....13.5 Use of emises .................................................0.16 Visits to Site......................................................9.2 Liability Insurance-- CONTRACTORs ........................ ............... . ...... 5.4 OWNERs ........................5.5 Licensed Sureties and Insurers ................................. 5.3 Liens -- Application for Progress Payment ......................14.2 CONTRACTORs Warranty of Title ....................14.3 Final Application for Payment ..........................14.12 definition of .....................................................1.23 Waiver of Claims ............................................14.15 Limitations on ENGINEER's authority and responsibilities ..................................................9.13 Limited Reliance by CONTRACTOR Authorized......................................................4.2.2 Maintenance and Operating Manuals — Final Application for Payment.........................14.12 Manuals (of others)-- Precedence ...................................................3.3.3.1 3.3.3.1 Reference to in Contract Document* .................3.3.1 Materials and equipment — furnished by CONTRACTOR.....-__ ... ................. §3 not incorporated in Work ...................................14.2 Materials or equipment --equivalent,,,,,,,,,,,,,,,,,,,,,,,,,, 0.7 Mediation (Optional) ..............................................16.7 Milestones --definition of ........................................124 Miscellaneous -- Computation of Times ..................................... j 7.2 Cumulative Remedies, ................ ................. ... j 7.4 Giving Notice ....................................................17.1 Notice of Claim ........ .. ........... . ..................... _17.3 Professional Fees and Court Costs Inchxk4 ........ 17.5 Multi -prime contracts .................................................7 Not Shown or Indicated .........................................4.3.2 Notice of — Acceptability of Project ....................................14.13 Award, definition of .........................................1.25 Claim............................................................ 17.3 Defects.13.1 Differing Subsurface or Physical Conditions..,,._ 4.23 Giving............................................................ ),7.1 Tests and Inspections ........................................13.3 Variation Shop Drawing and Samplg................027 Notice to Proceed — definition of ............ _ ............... . ...................... 1.26 givingof ............................................................2.3 EX'DCMNOLAL CONXTIOM 1910-80M EDIMM w/ aTy of FORT coi.um momicATroNs amv 9/m SECTION 00020 INVITATION TO BID Date: June 2, 2015 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on June 26, 2015, for the Median Renovation at Horsetooth & S. Lemay; BID NO. 8131. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 8131. The Work consists of the following: 1. Horsetooth Road: Two medians West of Lemay to receive landscape renovations including new irrigation system, hardscape treatment and new landscape. 2. South Lemay Avenue: Three medians South of Horsetooth to receive landscape renovations including new irrigation system, hardscape treatment and new landscape. All Bids must be in accordance with the Contract Documents on file with the City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. A prebid conference and job walk with representatives of prospective Bidders will be held at 2:00 PM, on June 9, 2015, in Conference Room 2D at 215 N Mason Street, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at • Rocky Mountain E-Purchasing System: www.rockvmountainbidsystem.com Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. Notification to Surety ... .......... . ....... _ .... 10.5 Observations, by ENGINEER ...........................6.30, 9.2 Occupancy of the Work .................. 5.15. 6.30.2.4,14.10 Omissions or acts by CONTRACTOR . ............... 6.9.9.13 Open Peril policy form, Insitraric; ..........................5.6.2 Option to Replace .................................................... 5.14 Article or Paragraph Number 'Or Equal' Items ............................... . ..................... 153 Other work 7 Overtime Work —prohibition of .................................6.3 OWNER -- Acceptance of defective Work ........................... 13.13 appoint an ENGINEER ......................................8.2 as fiduciary ........ ...................................... $.12-5.13 Availability of Lank responsibility .................... 4.1 definition of .....................................................1.27 data, furnish 83 May Correct Defective Work ............................ 13,14 May refuse to make payment.............................14.7 May Stop the Work,........................................13.10 May Suspend Work, Terminate .... ................ $.8.13.10.15.1-15.4 Payment, make prompt ..................... 0.3,14.4,14.13 performance of other work .................................. 71 permits and licenses, requirement*_,,,,,,,,,,,,,,,,, 6.13 purchased insurance requirement;,,,,,,,,,,,,,, 5.6-5.10 OWNER`s-- Acceptance of the Work..............................6.30.2.5 Change Orders, obligation to execut; ......... A,6, 10.4 Comm unicatiorvs................................................ 8.1 Coordination of the Work 7.4 Disputes, request for decisioq ............................9.11 Inspections, tests and approvs1l ... ......... .... P.7,13.4 Liability Insurance . ............................................. 55 Notice of Defects ..............................................13.1 Representative —During Construction, ENGINEERs Status ...................................... 9.1 Responsibilities -- Asbestos, PCBs, Petroleum. Hazardous Waste or Radioactive Material —8.10 Change Orders ..............................................8.6 Changes in the Work....................................10.1 communications............................................8.1 CONTRACTORS respcnsibifitic:i .................. 8.9 evidence of financial arningementa ..............0.11 inspections, tests and approval* ..................... �8.7 insurance..................................................... 55 lands and easement* ..................... .. ........... 8.4 Prompt payment b) ................... .. . . . ....... 8.3 replacement of ENGINEER .... ...................... $.2 reports and tests ............................................8.4 stop or suspend Work .................8.8, 13.10. 15.1 terminate CONTRACTORS services ..........................................8.8, 15.2 separate representative at siti; ............................. P.3 testing, independent .........................................13.4 use or occupancy of the Work.. . ...... _ ..............$. 15, 6.30.2.4, 14.10 written consent or approval required .........................................9.1, 6.3, 11.4 EX -DC GENERAL COMMONS 1910-8 (IM EDMOM vt CITY OF FORT COLLIM MODIFICATIONS O%EV 9199) Article or Paragraph Number written notice required.._....................7.1. 9A, 9.11. '...... I LZ 11.9. 14.7, 15.4 ............................. PCBs -- definition o( .....................................................1.29 general............................... . ............................. 4.5 OWNERs responsibility for ...............................8.10 Partial Utilization - definition of - .................................................... 1.28 general 6.30.2.4, 14.10 Property Insurance ------------------------------------- ......5.15 Patent Fees and Royalties ........................................ 6.12 Payment Bonds ........................5' 1-5.2 Payments. Recommendation of .............. 14.4-14.7. 14.13 Payments to CONTRACTOR and Completion - Application for ProgressPayments, ..................... )4.2 CONTRACTORs Warranty of Title ................... J43 Final Application for Payment .........................14.12 Final Inspection ......... ..................................... 14.11 Final Payment and Acceptance ......... ..... 14.13-14.14 general........... * ........ * .................................... 8.3.14 Partial Utilization 1410 Retainage........................... . .. .......................... 14.2 Review of Applications for Progress Payments ... . ...... . .... ............. 14.4-14.7 prompt payment ............................................... .. F.3 Schedule of Values ............................................ 14.1 Substantial CompledoA ............ ....... ......... 14.8-14.9 Waiver of Claims, 14.15 when payments due ................................ 14.4,14.13 withholding payment ..... I . ......................... ....... 14.7 Performance Bonds .......... _ ......... ........ ........ 5.1-5.2 Permits 0.13 Petroleum -- definition of......._ ................... . ...................... J.30 general............................. . .............................. 4.5 OWNERs responsibility for ............................... 8.10 Physical Conditions -- Drawings of, in or relating to ........................ :4.2.1.2 ENGINEER's review ......................................... 4.2,4 e)dsting structures.,.............._ ..........................4.2.2 general4.2.1.2 ............. ............................................ Notice of Differing Subsurface or, .....................4.2.3 Possible Contract Documents Change ............... 1.15 Possible Price and Times Adjustment4 .............. 4.2.6 Reports and Drawinp ......................................4.2.1 Subsurface and,....................................._...........4.2 Subsurface Conditions Technical Data. Limited Reliance by CONTRACTOR Authorized ........................ 4.2.2 Underground Facilities-- general........................................................ :4.3 Not Shown or Indicted ..............................4.3.2 Protection o( ............................. ..... 4.3,6.20 Article or Paragraph Number Shown or Indicated................................................4.3.1 Technical Data ......................... ...... .......... .... 4.12 Preconstruction Confereneq .................. . ................... 2.8 Preliminary Mattenk ........... _ ............. ......................... 2 Preliminary Scheduler..............................................2.6 Promises, Use of .............................................. 6.16-6.18 Rice. Change of Contract...................... I .... ............... I I Price, Contract --definition of .................................. 1.11 Progress Payment. Applications for ................ __14.2 Progress Payment--rctainagq ...................................14.2 Progress schedule, CONTRACTOR'k ...........2.6,2.8, 19, ................................. 6.6.6.29, 10.4, 15.2.1 Project -definition of...............................................1.31 Project Representativ e-- ENGINEERs Status During Constriactiort ............ 9.3 Project Representative, Resident --definition of.... _ ..L33 prompt payment by OWNER .....................................83 Property Insurance - Additional .........................................................5.7 genCTa15.6-5. 10 Partial Utilization ................. .............. 5.15,14.10.2 receipt and application of proceeds ............ 5.12-5.13 Protection, Safety and .......... ................... 0,20-6.21.13.2 Punch list Radioactive Material­ defintion of ......................................................1.32 generaI4.5 OWNER's responsibility for..............................8.10 Recommendation of Payment ............. _J4.4,14.5,1413 Record Documents... ..................................... 6.1914.12 Records, procedures for maintaining ..........................2.8 Reference Points ....................................................... 4.4 Reference to Standards and Specifications or Technical Societies .........................................3.3 Regulations, Laws and (or) ......................................6.14 Rejecting Defective Work .... ......................... _ .......... 9.6 Related Work -- atSite ........................................................ 7.1-73 Performed prior to Shop Drawings and Samples submittals review ... ................. : .28 Remedies, cumulative ...................................... 17.4.17.5 Removal or Correction ofDefective Work .... ............ 13.11 rental agrecra crits. OWNER approval requirc4 .... 11.4.5.3 replacement of ENGINEER. by OWNER,,,,,,,,,,,,.,,,,,,, . 8.2 Reporting and Resolving Discrepancies ........ ........ .............. 2.5,33.2,614.2 Reports -- and Drawing.................................................4.2.1 and Team OWNER!s responsibility ..................... 8A Resident and Project Representative -- definition of .....................................................1.33 provision for ............................................................. 9.3 xii EJCDC GENERAL CONDITIONS 19104 (IM EDITION) w1aTY OF FORT COLUNS MODIFICATIONS (REV9199) Article or Paragraph Number Resident Superintendent, CONTRACTOR• ............... 62 Responsibilities— CONTRACTOR!s-in general ................................. 6 ENGINEER!s-in general ...... ................................. 9 Limitations on .............................................9.13 OWNERS -in general........_......._ ............. ............ 8 Retairoge .. .. _ ................. . ..... .. ... - _ .......... 14.2 Reuse of Documents ..................................................3.7 Review by CONTRACTOR; Shop Drawings and Samples Prior to Submittal, .......................... 0.25 Review of Applications for ProgressPayments ...................................... 14.4-14.7 Right to an adjustment ...........................................10.2 Rights of Way ................. . .. . . 41 Royalties, Patent Fees arid ......................................15.12 Safe Structural Loading .......................................... 0,19 Safety -- and Protection ...................... ......... 4,3.2.6.16,6.18, ...................................... 6.20-6,21. 7.2. 13-2 general ..................................................... 0.20-6.23 Representative, CONTRACTOIrs .......................0.21 Samples. - definition of .....................................................1.34 t.34 general ............................... . .................... 0.24-6.28 Review by CONTRACTOR.---_ ..................._ ..... 6,25 Review by ENGINEER... ........................... §,26,6.27 related Work ....................... .................. .......... 6,28 submittal of ....................................................0.24.2 submittal procedures ....................... .... . ........... 15.25 Schedule of progress ..................... .... 7,6,2.8-2.9, 6,6, -Drawing -Sample 6. 29,10.4.15.2.1 Schedule of Shop and d. Submittals 2.6.2.8-2.9. 6.24-6.28 Schedule of Values, .............................. 7.6,2.8-2.9,14.1 Schedules — Adherence to ..................................................15.2.1 Adjusting.............................. ............................ fi,6 Change of Contract Times .................................10.4 Initially Acceptable ....................................... 2.8.2.9 Prclimmary......... .............................. ............... 2.6 Scope of Changes ....................................... 10.3-10.4 Subsurface Conditions Shop Drawings — and Samples, general ................................. 6.24-6.28 Change Orders & Applications for Payment-, and ......................................... 9.7-9.9 definition of,., .......................................... ........ 1.35 ENGMFR's approval of„ ............................... 3.6.2 ENGINEERsrcspcnsibfty for review ..................................... 9.7,624428 related Work .......................... ......... ................ 6,28 review procedurck ................. . ............ 28,6.24-6.28 Article or Paragraph Number submittal required ...............................................624.1 Submittal Procedures 6.25 use to approve substitutions ............................... 6.T3 Shown or Indicated................................................4.3.1 Site Ace= .................................... _ ............... 7113.2 Site Cleanliness ......................................................(1.17 Site, Visits to — by ENGINEER......... ........ .......... ............ 9.Z 13.2 byothers ....................... .................. . . ............ 13.2 .special causes of lose policy form. insurance ........................................................5.6.2 definition of.....................................................1.36 Specifications— defination of ...................................... ............. 1.36 of Technical Societies, reference to . ........ ... 3.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies........................................3.3 Starting Construction, &fore .................. ........... "-2.8 Starting the Work .....................................................2.4 Stop or Suspend Work — by CONTRACTOR ..........................................15.5 by OWNER ....... ..................... . ...... 8-9, 13.10,15-1 Storage of materials and equipment .................... 4.1,7.2 Structural Loading, Safety ...................... ..... . ......... 6.18 Subcontractor — Concerning ............................... . ......... definition of....................................................1.37 delays............................................... ............ 12.3 waiver of rights ............................ ................... 611 Subcontractors. -in general ................................. 6.9-6.11 Subcontracts --required provisions......... 5.11. & 11, 11.4.3 S 1 ubm ittals— Applications for Payment .................................14.2 Maintenance and Operation Manuals., ......... ... 14,12 Procedures 6-23 Progress Schedules ...................................... 2.6,19 Samples ......................... ................... ..... 6.24-6.28 Schedule of Values 2.6,14.1 Schedule of Shop Drawings and Samples Submissions ............................. . ....... 2.6, 2.8-2.9 Shop Drawings ......................................... 6.24-6.28 Substantial Completion — certification of,..-„ ..................... §30.23. 14.8-14.9 definition of.....................................................1.39 Substitute Construction Methods or Procedures....... 6.7.2 Substitutes and *Or Equal" Items ......... ..... ............... 6.7 CONTRACTOR!s Expense,,,,,,...................... 0.7.1.3 ENGINFER's Evaluation ............................... _67.3 "Or-Equal"................................................... 6.7. 1.1 Substitute Construction Methods xiii EJCDC GENEM CONDITIONS 190.8 (1990 hDITION) w/ CITY OF FORT COLLINS MODIFICATIONS OtEV 9/99,) Article or Paragraph Number orProcedures .............................................0.7.2 Substitute Items ...... j5.7.1.2 Subsurface and Physical Conditions - Drawings of, in or relatiag to ........................ 1.2.1.2 ENGINEEWs Review ............................... . ...... 4.2.4 general............... .............................. __ ...... _41.2 Limited Reliance by CONTRACTOR Authorized .................4.2.2 Notice of Differing Subsurface or Physical Conditions.... ............ ........................ 4.2.3 Physical Conditions ......................................4.2.1.2 Possible Contract Documents Change ...............4.2.5 Possible Price andTimes Adjustments .......... -426 Reports and Drawings ..................................... 4.2.1 Subsurfaceand, ................................................... 4.2 Subsurface Conditions at the Site,,,,,,,,,,,,,,,,„ 4.2.1.1 Technical Datk ........................... .................... 4.2.2 Supervision- CONTRACTORs responsibility ........................... 6.1 OWNER shall not supervise................................8.9 ENGINEER shall not supervisi; ................. 9.Z 9.13.2 Superintendence '6i's'r4�i*���.'.".'.*�.'.*..'.'.'.'.'."0.2 6.2 Superintendent. 66 Supplemental costs .............................................. 11.4.5 Supplementary Conditions-- definition of .....................................................1.39 principal references tq .................J.10, 1. IS. 2.2, 2.7, .......... - .......... 4.2,4.3, 5,1, 5.3, 5.4, 5.6-5.9, ... * ..... -- 5.11, 6.8, 6.13, 7.4, 9.11,9.3. 9.10 :* Supplementing Contract Document* ..........................1.6 Supplier - definition of ............................. . ...................... 1.40 principal references tQ .... ...... 3.7, 6.5,6.".11, 6.20, -"** ....... ** .... ...... 0.24.9.13.14.12 Waiver of iijiiis...............................................0.11 Surety - consent to final payment .......................14.12, 14.14 ENGINEER has no duty to ................................9.13 Notification of....-„ ......................... 10.1. 10.5.15.2 qualification of .......................................... _5.1-5.3 Survival of Obligations ........................................... 634 Suspend Work OWNER May ............. .... -.33-101 15.1 Suspension of Work and Termination . ......................15 CONTRACTOR May Stop Work or Term irate . ............................ __ ............. J 5.5 OWNER May Suspend Work ..............................15.1 OWNER May Terminauz ............................ 15.2-15.4 Taxes --Payment by CONTRACTOR .........................0.15 Technical Data -- Limited Reliance by CONTRACTOR . ................. 4,2.2 Possible Price and Times Adjustmcn4 ..............4.2.6 Reports of Differing Subsurface and Physical Conditions ................................. _423 xiv Temporary constructicrt facilities ...... .......... __ ........ 4.1 Article or Paragraph Number Termination - by CONTRACTOR...........................................15.5 by OWNER ........................................8.8, 15.1-15.4 of ENGINEERs employment ............................... ?.2 Suspension of Work-in general .............................15 Terms and Adjectives ............................ ................. 3.4 Tests and Inspections - Ace= to the Work, by others . ...................... _J3.2 CONTRACTOR'S responsibilities ......................13.5 cost of 13.4 covering Work prior to .............................. 13.6-13.7 Laws and Regulations (or) ................................ 13.5 Notice of Defects ...............................................13.1 OWNER May Stop Work ... ............................. 13.10 OWNER's independent testing ..........................13.4 special, required by ENGINEER,--,,,._ ...............-9 6 timely notice required. ........................ ............13.4 Uncovering the Work, at ENGINEERs request ................................................ 13.8-119 Times - Adjusting.................. ................................ -_-.6.6 Change of Contract ............................................12 Computation of ...............................................17.2 Contract Times -definition of ...........................}.12 day.........................................................17.2.2 Milestones..........................................................12 Requirements - appeals.......... ................... ................... 9.10,16 clarifications, claims and disputes..................9.11, ILZ 12 Commencement of Contract Times .......... ..... " Reconstruction Conferencq ...........................7.8 schedules .........................................2.6, 19,6.6 Starting the Work ....... .............. -.. .... - - -.2.4 Title, Warranty of..................................................14.3 Uncovering Work_ . ........................................ 13.9-13.9 Underground Facilities, Physical Conditions - definition of ... ... .... *­* ... ** ... ***"* ................. JAI i�! or Not Shown cared ................................... 4.3.2 protection of... ............... . .......... . .......... __43,620 Shown or Indicated ......................................... 4.3.1 Unit Price Work - claims.......................... .............................. 11.9.3 definition of ............... ................................... J-42 generall 1.9.14.1. 14-5 Unit Prices - general 11.3.1 Determination for ............................................. 9.10 Use of Premises ................................ 6,16.6.18, 6.30.2.4 Utility owners ............................. 0,13, 6.20.7.1-7.3,112 Utilization. Partial .................. ,1.28. 5.15. 6.30.2.4.14.10 Value of the Work ..................................................11.3 Values. Schedule of ...... ................... 7-6.18-2.9,14.1 EX= GENERAL CONINTIONS 1910-8 09% EDMON) wi aTy of FORT coLLm momcAncrm atEv 9i99) Variations in Work --Minor Authorized....... ............................... 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER....................................9.2 Waiver of Claims --on Final Payment ..............._.._...14.15 Waiver of Rights by insured parriey..................5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR................................................6.30 Warranty of Title, CONTRACTORs........................143 Work — Access to ....................... 1.3.2 byothers............................................................... 7 Changes in the.....................................................10 Continuing the..................................................0.29 CONTRACTOR May Stop Work orTerminate...............................................15.5 Coordination of 7.4 Cast of the..............................._................11.4-11.5 definition of.....................................................1..43 R. neglected by CONTRACTOk ........................... otherWork............................................................% OWNER May Stop Work.................................13.10 OWNER May Suspend Work...................13.10, 15.1 Related, Work at Site....................................7.1-7.3 Starting the........................................................2A Stopping by CONTRACTOR ............................. A5.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized, minor ........... 3.6 Work Change Directive — claims pursuant to ................. ........... _,.............. 10.2 definition of......................................................1.44 principal reCerenoa tq......................3.5.3. 10.1-10.2 Written Amendment — definition of ........................_............................ 1,45 principal references tq..............1.10, 3.5, 5.10.15.12, .....................0.6.2, 6.Z.2, 6.19, 10.1, 10.4, ...............11.2 12.1, 13.12.2 14.7.2 Written Clarifications end 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, 10.4, 1LZ 13.14 zv E1CDC OENBUL CONDITIONS 1910 -S (1990 EDITIOM m/ CITY OF FORT COLLIM MODTICATIONS OWV 9/99) (this page left blank intentionally) xvi G1CDC OGNEI AL CONDITIONS 1910.8 (1990 EDITION) w' CITY OF FORT COLONS MODIFICATIONS (REV W99) GENERAL CONDITIONS ARTICLE 1-DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof 1.1. Addenda -Written or graphic instruments issued prior to the opening of Bids which clarify. correct or change the Bidding Requirements or the Contract Documents, 1.2. Agmoment--The written contract between OWNER and CONTRACTOR covering the Work to be performed other Contract Documents arc attached to the Agreement and made a part thereof as prow ided therein. 1.3. A Iwation for Payment -The form accepted by ENGINER which is to be used IrvCONTRACTOR in requrstirg progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration 1.5. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. BidaBng Docienenls-The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements -The advertisement or invitation to Bid, instructions to bidders, and the Bid form. 1.8. Bondi -Performance and Payment bonds and other instruments of security. 1.9. Change Order --A document recommended by ENGINEER, which is sighed by CONTRACTOR and OWNER and authorizes an addition deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents -The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EXE)CC:14MAL CONDITIOM 191M (199oE6600) w/ CITY of FORT COtllra MODIFICATIONS (REV V1000) same are more specifically identified in the Agreement. together with all written Amendments, Change Orders, Work Change Directives. Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 421 and 4.2.2 are not Contract Documents. LI1. Contract Price -The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times -The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CON7R4CMR--The person, firm or corporation with whom OWNER has entered into the Agreement 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined 1.16. $Bective Date of the Agreement -The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER -The person, firm or corporation named as such in the Agreem ent. 1.18. ENGINEER's Consultant -A person firm or corporation having a contract with ENGINEER to famish services as ENGINi ER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order -A written order issued by ENGINEER which orders minor ranges in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. i 20. General Requirements -Sections of Division 1 of the Specifications. 1.21. Hazardous Waste -The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1 22.a. Laus and Rzqulations; Laws or Regulations -Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 122.b. Legal Holieiats-shall be those holidays observed by the City of Fort Collins. 123. Liens --Liens, charges security interests or encumbrances upon real property or permnal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 125. Notice ofAward-A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1 2& Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents 127. OWNER -The public body or authority. corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 128. Partial UM:,ation-Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the W'orl: 129. PCBs -Polychlorinated biphenyls 1.30. Petroleum --Petroleum, including crude oil or any faction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil. oil sludge, oil refuse. gasoline, kerosene and oil mixed with other iron-Hazrdous Wastes and crude oils. 131. Pryect-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material -Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of FJCUC ODOM CONDITIONS 1910-8 0990 B2da�icn�) WICITY OF FORT CO1ddNS MODIFICATIONS (RtiV 4rr000) 1954 (42 USC Section 2011 et seq.) as atnended from time to time. 1.32.b. Regular Working Hours -Regular workirut hours are defined as 7:00am to 6:00pxn unless otherwise specified in the General Requirements. 1.33. Resident Project Representative -The authorized represemative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Surnples-Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop nrawings-All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submittal by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications -Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor -An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion -The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER'S written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 139. Supplementary Conditions -The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier -A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Undergrouond Facilities -All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials. electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television. sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 1.43. Work —The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and Furnishing and inuorpc+rating materials and equipment into the construction, and performing or furnishing services and fumisling doarments, all as required by the Contract Documents 1.44. Rork Change Directive —A written directive to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and reoornmended by ENGINEER ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions tinder which the Work is to be performed as provided in peragmph4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negot ations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2 1.45. Witten Amembnent--A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the noneriginecring or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELUWNARY MATTERS Delivery of Boni& 2.1, When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Document&7 22. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be famished. upon request, at the cost of reproduction. Commencement of Con&ad Times, Notice to Proceed 2.3. The Contract Times will commence to rum on the thirtieth day after the Effective Date of the Agreement, or, EJCDC GENERAL CONDITIONS 1910-5 (1990 Edtion) wJ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) if a Notice to proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days aAer the Effective Date of the Agreement. ofh3id-opening or -the -thirtieth day after-dieTA eetive-4ete of the�greatrertkWhtcheve7 datei9 znrlier. Storting the Work:- 1-4- CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to tun, but no Work shall be done at the site prior to the date on which the Contract Times commence to tun Before Martmg, Constmcifom: 2.5. Before undertaking each pan of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any corflick error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof 2.6, Within ten days after the Effective Date of the Agreement (unless otherwise specified in die General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Docunnerts; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submirtuip, reviewing and processing such submittal, 2.6.2. 1. In no case will a schedule be acc ..ble which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Wort: which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into componeit parts in Sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR aM GANIR shall ea& deliver to the 011her OWNER with copies to identified : the Supprementa"y Conditions ENGINEER certificates of insurance (and other evidence of insurance west requested by OWNERI which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.4, &&aM-54. Preconstrudion Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR ENGINEER and others as appropriate will be held to establish a working understanding among the panties as to the Work and to discuss the schedules referred to in pamgraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications fur Payment and maintaining required records. Initially Accgrtahle Schedules., 2.9. Unless otherwise provided in the Contract Documents, at least ten day-, befeFe submision 4the before any work at the site begins, a conference attended by CONTRACTOR, ENGINEER and others as to desirmated by OWNER will be held to review orf a ceptability to ENGINEER as provided below the schedules submitted in accordance with pamgraph2.6. 14d-J�1yj31911 1 --Gener4LLiy�litS111EgiS CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGTNEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing. scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTORS full responsibility therefor. CONTRACTORS schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCUMENTS. INTENT, AMENDING, REUSE Intent: 3-1- The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by aIL The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to E1CDC GENERAL CONDITIONS 191" 099D E(lition) wf CITy OF FORT OOLLINS MODIFICATIONS (REV 4/30aa) describe a functionally complete Project (or pan thereof) to be constructed in accordance with the Contract Documents. Any Work materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be f lrmshed and performed whether or not specifically called for. When words or phmses which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 33. Reference to Standards and Specifications of Technical Societies; Reporting and Rawhvng Diserepandes.- 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the tim c of opening, of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Wok affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplemet to the Contract Documents has been issued by one of the methods indicated in paragmph3.5 or 3.6; provided however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for Lnilure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6. the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. City of Fort Collins Gerry Paul Purchasing Director 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER ENGINEER or any of ENCrINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents 3A. Whencver in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved' or terms of like effect or import are used, or the adjectives "reasonable', "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requiranents of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall no be effective to assign to ENGINEER arty duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending andSapplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one at more of the following ways: 3.5.1. a format Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or EJCDC GENE I, CONDIMONt51910-80M E6tiaa) VOTY OF FORT CALUM MODIFICATIONS O(EV 4R000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented and mina variations and deviations in the Work may he authonmA in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27). or 3.6.3. ENGINEERS written interpretation or clarification (pursuant to paragraph 9.4). Reuse ojDocuments: 3.7. CONTRACTOR and any Subcontractor or Supplier or other person or organisation perfonmin$ or furnishing any of the Wort: under a direct or indirw contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the scat of ENGINEER or ENCYTNEF.R's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4—AVAELABUZrY OF LANDS; SUBSURFACE AND PHYSICAL CONrDITIONS; REFERENCE POEM Availability ojLandf: 4.1. OWNER shall famish as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR Upon reasonable written request, statement oprecord-agal-t W4nd-legaltkscript xroEtife kxxls-upon-which-ihe—Work--is--lo --be_.perti�ed--eral GWNER's interest-therein-asyhecessary-fm giving-notiee of-or--tibng-a--maeheros's -lira-agamst-such--lands-in OWNER shall identify any encumbrances or restriction not of general application but specifically related to use of lards so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, rimless otherwise provided in the Contract Documents, If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's famishing these lands, rights -of - way or casements. CONTRACTOR may make a claim therefor as provided in Articles I and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface and Physical Conditions.: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of 42.1.1. Subsurface Condiriars: Those reports of eaploratiorts and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: 'Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 422. Limited Reliance by CONTRACTOR Authorized' 7echmcal Data: CONTRACTOR may rely upon the gcncml accuracy of the "technical data" contained in such reports and drawings. but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical date", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEF.R's Consultants with respect to: 42.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including. but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 422.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 42.23. any CONTRACTOR interpreuaion or or conclusion drawn from any "technical data" or any such data. interprelatiorrs, opinions or in('amation. 4.2.3. Notice of Differing Subsurface or Physical Contfidow. If CONTRACTOR believes that any subsurface or physical condition at or contiguous to tha site that is uncovered or revealed either. 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided it paragraphs 4.2. l and 4.2.2 is materially inaccurate, or 42.3.2. is of such a mature as to require a change in the Contract Doaunenm or 4.2.33, differs materially from that shown or VCDC OET UL& CONDMOM 191 M 11990 Edam) w/ CITY OF FORT COU INS MODIFICATIONS tRE'V 4)2000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, prereptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as ppeemmstitted by )mmgmph 6.23) notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENG/NEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusionn%. 4.2.5. Possible Contract Docianents Change: If ENGINEER concludes that a change in the Contract Docum ante is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3. a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times A,#usbnentr. An equitable adjustment in the Contract Price or in the Contract Times, or both will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACfOR's cast of or time required for performance of: the Work, subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 423.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustm ent; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if. 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final cattmitment to OWNER in respect of Contact Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 42.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTORS making such final commitment or 4.2.6.4.3. CONTRACTOR tailed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or lath of any such equitable adjustment in the Contras Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER ENGINEER and ENGNEER's Consultants shall not be liable to CONTRACTOR for any claims, cosh losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project 4.3. P4,siml Conefutons—Underground Facilities: 4.11. Shown orindcared: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the ohvmcrs of such Underground Facilities or by others, Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1, OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.12. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for. (i) reviewing and checking all such information and data. (ii) locating all Underground Fac litics shown or indicated in the Contract Dceuments,(iu) coordination of the Work - with the owners of such Underground Facilities during construction. and (iv) the safety and protection of all such Underground Facilities as provided in paragraph620 and repairing any damage thereto resulting from the Work. 4.32. Not Shorn or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents CONTRACTOR shall. promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph6.23). identify the owner of such Underground Facility and EJCDC OENERU. CONDITI DNS 1910-8 (1990 Edtim) cur ctry OF FORT COLD Ns NIODIFICATIONS (REV 412oac) give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Charge Directive or a Change Order will be issued as provided in Article I to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 620. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they arc attributable to the existence of any Underground Facility that was not shown or indicated in the Contras Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any- such adjustment in Contras Price or Contract Times, CONTRACTOR may make it claim therefor as provided in Articles 1 I and 12. However, OWNER, ENGINEER and ENGINEER'S Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project Reference Points: 4.4. OWNER shall provide ergmecring surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is last or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Permleunr, Hazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work tog site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. 4-5.-2—CQN—TRACTOR shill immediately. (i) stop all and a�reytx • such-notice-in-writ--0WNER--shell-promptly consult with-ENGI�1& Rconecrn' gthe-necessityfor OWNTiR-to-retain-a qualified -expel to -evaluate -such h-a—mirdai-s or take corrective action, Ay: CON`fRACfOR shall not berequired-lo resume Work any -repaired permits-related-tlwetcr and delivered w that -such -condition- and -any-oftected area is,-erhas4teen rendered fa_ the �Fesump6en of Werl. F9A R4CFOR� e er - aA ndjus4rtteAk if any, Contrast —FFial-6F-C9nlr . W re%wfti�- either party maymake a claim Aherel6r a provided 4 5-3--if-after CONTRACTOR skies not apnea to resume stop work seAdifinre's tfkm-AW�iIsR-+»ay�r.,�.,,�f o be ilea--WoriFlf }WAli'sR�.•,l "nnrr.,..�..-rRT^F'='�>'.Y-�amit agree -as to entitlement to or-thetunoum-or- et,Yerrtof-an adjustment; it a", in GamveetPtiee of Gentraet Times as �• reL�eA�tvrw,Cia either-party-may-makea claim -therefor as provided -in portion of -the -Work _ s-own fursesor-others -moo ortknce-with AAide-7- 44A. To the fullestS MIA aieni Raguletiortf-h31VkrSR—shall—a din ril '-arid—!told harmless--—CFiATR—Sabcontractors, officers; --directors, employees,- --agents. - other cznsulutna;--and aubcontracuxs-af-each-and tiny -of them -from -and-agairmt- Musses and damages --arising out -of -or ftsuking- from such harardeasoant}itiea� prayidauf-Ihai--{i3-sAy-st�csiaitrf cask!ass or is-atiributab"-bodily-njur,- sickness; disease of death or to injui3, to of dffitswt A ,J talk... ,L.... .L_ \i L.A. :.--In irtcludiag--.the...loss of use resulting..-there6um-,--anal (iij-nothing-itr-0trr-sultlwr�raph�5:4�s}m11-obligati OWNER-io indemnity -arryperson-cx-entity-from-and Weirist ;he ounimqueflues of that persons ef s ownncgligcme: not intended to apply to ifteibesta* PGB!i; Petroleum ed er-revaale5-Bf-ih&'it EJCDC GENERAL. CONDMOM 1910-9 (1990 Edition) w/ CITY OF FORT OOLU NS MODIFICATIONS (RfN 4R000) ARTICLE 5--DDIkM AND INSURANCE Poforman cc, Payment and Other Bonds: 5.1. CONTRACTOR shell furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Rice as security for the faithful performance and payment of all CONTRACTOR's ob ,atiuns under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be it the form prescribed by the Contract Documents except as provided otherwise by laws or Regulations and shall be executed by such sureties as are named m the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as blished in Circular570 (amended) by the Audit StakTBureau of Government Financial Operations, U.S. Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act 5.2. If the surety on any Bond famished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licemsed Sureties and insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or outhorind in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and oilier evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWPFER-shall additional-moured-identified- ir-the--Supplemc ataxy OF any Mier a AiRGfTp��TTi[CTJ required-lo purshaseeAd ntentain�n eof CONI'R4CTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and fiirmshed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTORS performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documcr , whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Wok, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.42 claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employes; 54.4.-oleims-for- damages -insured- by-- customary indiPeOCij-iClAted- � fkY:AN)-by p f4i5' FeB 5.4.5. claims for damages, other than to the Work itselk because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom, and 5.4.6. claims for damages because of bodily injury or death of arty person or property damage arising out of the ownership, maintenance or use of env motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7, with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive amp 5A.9- include as additional insureds (subject to any customary exclusion in respect of professional liability). OWNER. ENGINEER. ENGINEER's Consultants and any other petsots or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respeetive officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4.9. include completed operations insurance; FJCDC OENbRAL CONOIT]OIvS 191" (1990 UUM) wt CITY OF FORT COLLIM MODIFICATIONS (REV 472000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6 33; 5.4-11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Condition to whom a ocrtificate of insurance has been issued (and the certificates of insurance famished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting. removing or replacing defective Wok in accordance with paragraph 13.12; and 5.4,13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to wham a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWAER'S Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragmph 5.4. OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents Pro" Insurance: 5:6.--&tlens-0thswise provided in the Supplementary Gonditiam,--OWNLR-. shall purchase-..end--tnaimairt of tlta-full replacement-cost--thereof-(subject-to-sach deductible -amixnas as may--be—fsawidud---m—the Supplementary Conditions or required- -by-Laws�­smd Regulatiom), Thisinsummeshall; 5.6:1—itelude--the--irttereo-0f--E3 — mntities...identified-in-the�S��y��teane�S�Cyc>mfitior� each of whom is deemed tohevrarrirtsurable-ialeresl and -shall -be listed as an-tmuredor-additaantfawaed; 34.4—be written on e-Builde es-Risk=el1--Fnk='-o at lowsl and Won itt 8a the --fell,••• ing perils. fire eighmittg—etrtArded suvaFPga-titeR.-F andelislar- Prxl-malicious- miscFriaf, DEOUSio.,..dot... ePSO ..e.. OM OfLOWS .....S GHd Reg;11960...spouirioully fequirej by the Supplementary - �:Fr.3.-tricludr- ccpensr� trntlrred--ui--the-repair-rn replacement 4any visuradpFopetW4-mdudit> -bW--trot limited to 1�es and chaws ofengirwers--and arehiteets} ... t-khe�itr or- at-enother-location thac.was agree 4-tn -in wruir)g by prav dad-)}lat-such imater ak 8rtd-equipment ha4C-hem met*fteerainended by ENGE>t£5b'-, cite eation for 5.6.5. be maintained in effeet en •n en ...... __ ., Of 1. has 6__ iswed- r(>1 ..edaad maintained-by-OW-in-occordartcewithparagraphs S:f eo;emga- fxdeFl -Waal-aa-be eellad Of-mPiariPlly chanced-or--renewal-refused unt4ot4east-thirty-days'-pr-rar written-ttakim--has- been--%ivea-in--9W3&Ef%-aMl whom-a-oerti icate-of-insirrarioe--has--been-ifsued-andavtll contain�ve w—proµisioms in —accordance . -.with 5.9. OWNER shall not be resTonsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR. Subcontractors or others m the r I -..-khaF -are iderttified--in-'he Supplimrcailary Co xlltronv. --Pre risk -of will-ka-borax such 4osa and -if -any -of -them -wishes, property insurance coverage.wither-dh -Gmit3-of--sutii--amounft- each --may pmchaseand-mPinlPin-trek-the-punchesat?s-ciW ne>r-pnnsn. —IF-it ©i'TRACTUR-FC(jt1e5LY-iR-WRtifl�-tlktl-OIIN7" .halt if pesssht. qpl .d.^M _L allee, and the east thereof w+ll-bn clte to Cliattge_-OFa� r..�r.:»e. ....,..,a;• Tt. I)".ar�"o EJCOC OENERAL COMMONS 191M(19"Edtim) to wl CITY OF FORT COLLINS MODIFICATIONS IREV 412000) commencement of- the 'vVAA--at -tlta site. OWNER -shall 4n wriksng RrIvise CONTRACTOR w-prF)fiUFrcfb4'9W 5 1-1-GWNERBnd-C-%4PAE-T-GR:-mtmdtha -sH gd clas purshasnditr aeeordar e�vith feragmphs-54 And S !7 will _ hR/1.TC:D f+/1Tg AGTGR Subcontractors -^... ENCrl?3bFsR--FVGFAfEE{is 4'urisu{tP in tlie Supplementary Guaditiom to be fist- 5 insureds-arr-additioml-4r6--reds-irr-sudr pnlicies-end olj damages reused-by-the-pffils-arvered-tl3ereby--AN ia-tiv-1-e .direotom, kwapefswillh- against any of fespe�EtVe-�f6snrs; Is far nil losge^ and anyof the ...e.:l. .... .....d L.. ...^L nr.l:�:u - — .. in-8dtark6r�-wakv�az;-�ael t- figaft9-agEtNsl £ubeorttrectors, n Gr:S4 d ,NGI ER F.orrultants-and-allothar per5 ns ix entities identified payable umler-any-policy-so issued 5.14Q. 1^ ..dd:tiar, 0;)A;ER waives all rights a�1F15k �l�l��iA�`a\"'—�abGCYIkENEtOrs offenr9 dir ntors-employ a5-and -agerttsol'-msy_of t}iaBl;-{Pr-: -5..I4— G of use -err--other come,en-W l beyond-tliroct- physical-- loss --or- usage to a,:�. �.�:°or-resulting-ftnm-Gra or-otharpard whether -or rtnt nsuredby-OWNER.-acid 5A-1:22-.. - --lass or damage to the-cornpleted frro}aitt-or-pert-theraofcaused -by, easing -out of resulttr} Gom fie ether - insured -peril-aomed during --partial-- ottliaition---pursuant—to pai`a�aph-}4:1F),--eftrr-SubstPritial-Completion pursuant-to-puragruph 11:8-or-after-final-poym ent pursuPat•io-putr.-}3-13: st-th�evi " pay !: of -rely such leG tlaanegn-on censaquen.,al 1,- a insilrerg AWN Receipt andAppticatlon ojlnsurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests me), appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shal I be repaired or replaced the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order cr Written Amendment. 5.13. OWNER as fiduciary stall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writ rt� within fifteen days after the occurrence of lass to OWM's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is react"- OWNER as Indic try shall adjust and settle the loss with the insurers interest, CAVNRR .. .i..•.:..... "ll ... a M..,i Acceptance ofBonek and Insurance,• Option to Replace: 5,14. If OWNER has any object on to the coverage afforded by or other provisions of the Bonds -or insurance required to be purchased and maintained by the eo2er—part5 CONTRACTOR in accordance with Article 5 on the basis of nonconfunnance with the Contract Documents, the objectirugpet#y s}mH�so ruotrfy throdxr-party OWNER willfY CONTRACTOR in writing within ten fifteen days after reeeipt delivery of the certificates (or-other-eyidenoa requested) 14—QWNER as required by paragraph 2.7. other-suslr atkhtior�l--irt{orineticc�-irt-tespe�rt�€-insurance Partial Udfizadon-Property Insurance: 5.15. If OWNER funds it necessary to occupy or use a portion or portions of the Work prior to Substantial E1CDC Ofi''4 EM COt m11IOM 191" (1990 Edition) w/CITY OF FORT MUDS MODIFICATIONS OLEV 4,2000) Completion of all the Work. such use or occupancy may be accomplished in accordance with paragraph 14.1tT, provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing cficctal any charges in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6-CONTRACTOR'S Superldvon and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible forthe moans, methods, techniques, sequences and procedures of construction, but CONTRACIOR shall not be responsible for the negligence of others in the design or specification of a speck means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies aceuaw)y with the Contract Documents 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding an if given to CONTRACTOR Labor, Materials and Equipment: 63. CONTRACTOR shall provide competera, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and kept as otherwise indicated in. the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNIRs written consent given after prior written notice to. ENGINEER CONTRACTOR shall submit requests to the 24GDZMR no less than 48 hours in advance of any Work to be performed on Saturday. Sunday. Holidays or outside the Regular Working Hours, 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials equipment, labor, transportation, construction equipment and machinery. tools, appliancm fuel. power, light, heat, telephone, water, sanitary facilities, temporary iacilities and all other facilities and incidentals necessary for the furnishing, Performance, testing, start-up and completion of the Work. 641 Purchasing Restrictions: CONTRACTOR must comply with the City's purchasing restrictions. A crow of the resolutions are available for review in the offices of the Purchasing, and Risk Nbragement Division or the City Clerk's of iicc. 642 Cement Resuicticam City of Fort Collins Resolution 91-121 requires that suooliers and producers of cement or products containing cement to certify that thheoement was riot made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. Ail warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER if required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below. 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph29) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only, be mark by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or-Equal"Items., 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description EJCDCOE'[ ALCONDITIONS191"(1990Edttim) 12 wl CITY OF FORT COLLINS MOMICATIONS (RLV a2000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. 'Vr-Equal". If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equippmeet proposed by CONTRACTOR does not qualify as an "or equal" item under suhpnmgmph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall rust make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the exunt, if any to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of arty other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be CONTRACTOR shall perform not less than 20 considered by ENGINEER in evaluating the paceM of the Work with its own feces that i substitute. ENGINEER may require '!hoot subcontrac ' . The 20 t e ment COproposed NTRACTOR to furnish additional dots bout shall be understood to refer to the Work a value of the proposed substitute. which totals not has than 20 peccnt of the Contract Price. 6.7.1.3. CONCRACTOR'sExpense: All data to be provided by CONTRACTOR in support of any 6.8.2. Bid proposed "or -equal" or substitute item will be at Documents require the identity of certain CONTRACTOR' expense. Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the 6.7.2. Sub3ttite Construction Methods or principal items of materials or equipment) to be Procedures: If a ssppeeccific means, method technique, submitted to OWNER in-edvwwe-eP4he-.gwifted sequence or proved re of construction is shown or data prior to the Effective Date of the Agreement for indicated in and expressly required by the Contract acceptance by OWNER and ENGINEER —and- if Documents, CONTRACTOR may furnish or utilize a (- P4R 6CXQQ has--bm,^_d - I:st ,L_-__r substitute means, method technique, sequence or wi procedure of construction acceptable to ENGINEER. OWNER"s or ENGINEER's acceptance (either in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allow FNGINF,ER, in ENGINF.FR's sole discretion, to by the date indicated for acceptance or objection in determine Thal the substitute proposed is equivalent to the bidding documents or the Contract Documents) of that expressly called for by the Contract. Documents. any such SuliGontrictor, Supplier or —ec person�r The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. basis 6.7.3. Ertginee6 Evaluation.,ENGINEER will be itute,—the•-Centraci Pricwill b allowed a reasonable time within which to evaluate adjudig each proposal or submittal made pursuant to such -substitution -and -an- appropriate-l1wnge-Order paragraphs 6.7.12 mid 6.7.2. ENGINEER will be the will sole judge of acceptability. No "orxcryal" or constitute a condition of the Contract requiring the substitute will he ordered installed or utilized wn�tlwut use of the marred subcontractors, suppliers or other ENGINEF.R's prior written acceptance which will be persons or organization on the Work unless prior evidenced by either a Change Order or an approved written moproval is obtained front OWNER and Shop Drawing. OWNER may require ENGINEER No acceptance by OWNER or CONTRACTOR to firm-h at CONTRACTOR' ENGINEER of any such Subcontractor, Supplier or expense a special performance guarantee or other other person or organization shall constitute a waive surety with respect to any `or -equal" or substitute. of any right of OWNER or ENGINEER to reject ENGINEER will record time required by defective Work. ENGINEER mid ENGIN-HER's Consultants in evaluating substitutes proposed or submitted by 6.9. CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract 6.9.1. CONTRACTOR shall be fully reaponable to Documents (or in the provisions of any other direct OWNER and ENGINEER for all acts and omissions contract with OWNER for work on the Project) of the Subcontractors, Suppliers and other persons occasioned thereby. Whether or not ENGINEER and organizations performing or furnishing any of the accepts a substitute item so proposed or submitted by Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall reimburse CONTRACTOR just as CONTRACTOR is OWNER for the charges of ENGINEER and respKnsnble for CONTRACTOR's own acts and ENGINEER's Consultants for evaluating each such omissions. Nothing in the Contract Documents shall proposed substitute item. create for the benefit of any such Subcontractor. Supplier or other person or organization any 6.8. Concerning Sabcontradars, SwppBers and contractual relationship between OWNER or Othem FNGINEER and any such Subcontractor. Supplier or other person or organization nor shall it create any 6.8.1. CONTRACTOR shall not employ any obligation on the part of OWNER or ENGINEER to Subcontractor, Supplier or other person or organization pay or to we to the payment of any moneys due any (including those acceptable to OWNER and such Subcontractor. Supplier or other person or ENGINEER as indicated in paragraph 6.8.2), whether organization eecept as may otherwise be required by initially or as a substitute. against whom OWNER or Laws and Regulations. OWNER or ENGINEER may ENGINEER may have reasonable objection. furnish to any subcontractor, supplier or other txnsorr CONTRACTOR shall not be required to employ any or onzanizstion evidence of amounts mid to Subcontractor, Supplier or other person or organization CONTRACTOR in accordance with to famish or perform any of the Work against whom CONTRACTOR'S "Awhcatiors for Payment". CONTRACTOR has reasonable objection. &CDC GENERAL COMITIONS 1910-6 (1990 Edtim) 13 Wf CITY OF FORT COI.LIMS MOD,}1CATIONS (REV 42000) 6.92. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11- All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appprroopprinate agreement between CONTRACTOR and the Subcontractor or Supplier winch specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Ot' NTER and FNGTNEER. Whenever any-suchagFimment edrl ticxreI iasatscl� Toperty in9urenee--provided-in CONTRACTOR -and the Subcontractor- or -Supplier -will I-crnher add.fienal insiffeds far all lows and -caused , A, 1by the-Work--1f the insurers-an--any--saeh-port sires-regtwo Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and RegulatiMS, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Wort or resulting from the incorporation in the Work of any invention design, process, product or device not specified in the Contract Documents. EJCDC OEMatAL CONDIMM 1910-8 (1990 E(Utim) 14 w1 CITY OF FORT COUMS MODIFICAMNS UN 42000) Permits: 6.13. Unless otherwise provided in the Supplementary Condition, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of ]aids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws andRegulotions. 6.14.1. CONTRACTOR shall give all notices and comply with all laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulation, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be Qerma>rx"fl. incorporated into the�gject. Said taxes ll shatrot be included ii the Cotrtmct PrYice. CONTRACTOR must apply for, and receive, a Certificate of Exemption from the Colorado Department of Revenue for construction materials to be rhvsicallv incorticrated RIIo,.._the vet This Certification of txcaurtion zirovidcs that the CONTRACTOR shall neither pay nor include in his Bid Tales and Use Taxes on those buildma and construction materials physically irrcorporatai into the protect. Address: Colorado Department of Revenue State Capital Annex SECTION 00100 INSTRUCTIONS TO BIDDERS 1375 Sherman Street Denver, Colorado. 80261 Sales and Use Taxes for the State of Colorado Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Takes (includina State collected taxes), on anv items other than construction and buildirai materialsphvsically inexxporated into the are to be id by CONTRACTOR and are to included in amoroeriate bid items. Use ofPrem ns. 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easemems, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indtannify and hold harmless OWNER, bNGINEER ENGMER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by arty such owner or occupant against OWNNER ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Wmkk- At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all properly not designated for alteration by the Contract Documents 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Docametitr EICDCCi DW.AL coND1M0Ns 1910-8 (199oEdtion) wr UTY OF FORT COLLIDE MODIFICATIONS ([1EV 4rt000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments. Change Orders. Work Change Directives, Field Orders and written interpretation and clarifications (issuul pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWN ER, Safety and Proteedan 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety o1 and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporatcd therein, whether in storage on or otF the site; and 620.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body bavingjurisdiction for safety of persons or property or to protect them from drmt ige, injuy or loss, and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Worst may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any properly referred to in paragraphs 6.20.2 or 6.20.3 ©used, directly or indirectly, in whale or it part, by CONTRACTOR any Subcontractor, Supplier or any other person or organization diraexly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Diawiigs or Specifications or to the acts or omissions of OWNER or ENGINEER or E NGI IE ''s Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part. to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and resportsibilities for the safety and protection of the Work shall continue until such time as all the Worst is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with SubstaMtal Completion). 6.21. SafeV Repre.renraeve: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and respu sibilitics shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Covnmunicarion programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among anploycm at the site in accordance with laws or Regulation. Emergencies- 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGRTEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Charge Directive or Changc Order will be issued to documcrit the consequences of such action 6.24, Shop Drawings andSamples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to amble ENGINEER to review the information for the limited purposes required by paragraph 626. 6 24 2- CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop D mwings and Sample submittals. Each Sample will be identified dearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited WDC OENERAL COND1T10N31910-V(1990 Edition) 16 wi CITY of FORT COLD M MODIFICATIONS (REV 42000) purposes required by paragraph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submiaaf Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria. installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.12. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.13. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety procautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contact Documents, 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variation if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGLNFER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEERS review and approval will not extend to means, methods, tcchniqum sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assent Oly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER an previous submittals. 6.27. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR Gam responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Situp Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Rrherc a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9. any related Wok performed lino to ENGINEER's review and approval of the pertinent sulmittal will be at the sole expense and responsibility of CONTRACTOR Continuing the !York. 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNTER and CONTRACTOR may otherwise agree in writing. 630. CONMCTOR's General Warraiuy and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 630.1.1. abuse. modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 630.12. normal wear end tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Now of the following will constitute an acceptance of Work that is not in FJCDC QV*Y,AL d.'0ND1T10M 191" a M E(Itim) w1 pTy OF FORT COLLINS MODIFICATIONS (RE<' artoaa) 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. observationsby ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30 2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6302.6. any review and approval of a Shop Drawing or Sample submittal or the isvrance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.302.7. any inspection, test or approval by others; or 6.30.2.8, any correction of defective Wort: by OWNER Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER ENGINEER ENGINEERs Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itseli), including the loss of use resulting thereGom, and (u) is caused in whole or in part by any negligent act or emission of CONTRACTOR any Subcontractor, any Supplier, arty person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws anti Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employes by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Suppher, any person or organization directly or indirectly emploved by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under panagaph6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragaph 6:31 shall net extend to the liability of ENGINEER and ENGWEER's Consulta= officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Santival of Obligations• 634. All representa6oM indemnifications, warranties and guarantees made in. required by or given in accordance with the Conrad Documents, as well as all continuing obligations indicated in the Contact Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related W'ark at Sde. 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting arty such other work and (L)CONTRACTOR. may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the am aunt or extent thereof. 7.1 CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The durim and resportsihilitias of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EXEC O1T1ULA L CONIATIOM 191" (1990 Edition) 18 wI CITY OF FORT COLLINS MODIFICATIONS (REV 412000) provisions for the benefit of CONTRACTOR in stud direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR'S Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7A.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE II --OWNER'S 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against. wham-C-ON-TRAC-TOR-rnak+ -no reasonable-ebjmtiarq whose status under the Contract Documents shall be that of the former ENGINEER. &I. OWNER shall furnish the data required of OWNER tinder the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8A OWNERS duties in respect of providing lands and easements and providing engineering Surveys to establish reference points are set forth in paragraphs 4-1 and 4.4. Paragraph42 refers to OWNERSs identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. forth-irrparagraphs 5 5-thmtgh 540. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNERs responsibility in respect of certain inspections, tests and approvals is set forth in parag iph 13.4. 8.8. In connection with OWNER's right to stop Work or suupcnd Work, sec paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for. CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible far CONTRACTOR's failure to perform or famish the Work in accordance with the Contract Documents. orrangarnnams—lavr--lx+�:rt—medr moo--satisfy._OWNER's responsibility-in-Fespec thereof-will-be-its-set-toRh-in-the Supplententary,C.mditiens- ARTICLE 9—EKGINETR'S STATUS DURING CONSTRUCTION OWN£R'sRepresent ve.- 9.1- ENGINEER will be OWNER's representative during the ecutstruction period. The duties and respormbiliues and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contact Documents and shall not be extended without written consent of OWNER and ENGINE "Sits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the: various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC GENEM CONDITIONS 1910-8 (1990 Edam) w/CITY OF FORT COWNS MODIFICATIONS OLEV 42DDD) that has been made and the quality of the various aspects of CONTRACTOR's executed Work Based on information obtained during such visits and obsavaticn& ENGINEER will endeavor for the benefit of OWNER to determine in general, if the Work is proceeding in accordance with the Contract Documents ENGINEER will not be required to make exhaustive or continuous on - site inspections to clack the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations. ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINFERs visits and on -site observations are subject to all the limitations on EN'GINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR'. Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Representative: 93. if OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist EMYINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 and in the Suwlenie Conditions of these General Conditions. If OWNEFZ designates another representative or agent to represent OWNER at the site who is no ENGINEERS Consultant, agent or employee, the responsibilities and authority and Limitations thereon of such other person will be as provided in paramb-D. of these General Conditions If the ENGINEER furnishes a�Rzsy ygt ProiQct Representative_($ jJ_-gr— Am assistants, or if the OWNER des-_hLnates a R�pe resentative or agent. all as provided in aatagradt 9.39.3 of the General ConditiurX_t 1Me P ent,.gtives all have the authority and limitations aided in naraaraoh 9�.13 of the General Conditions and shall be subject to the fo lowinw 9.3.1. The Representative's dealines in matters pertaining to the on -site work will, in genera), be with the ENGINEER and CONTRACTOR. But. the 13epregnatiye will keel the OWUER__propr_ly advised about such matters. The Representative's deatino with subcontractors wdI onluy be throurll or with the frill kaowledae and a2proval of the CONTRACTOR 9.3.2. Duties and ResQoisibilities. Representative will: 9.3.2.1. Schedules - Review the progress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the RNGINEER concemine acceptability. 9 3 2 2 Conferences and Meeting - Attend meet n¢ with the CONTRACTOR such as �ecoru1rudion confcrences, urog�ss_meetin_gs a� other iob conferences and prepare and circulate copies of minutes of meetings. 93.23. Liaison 9.3.2.3.1 Serve as ENGINEER'S liaison with CONTRACTOR working mwipally through CONTRACTORS superintendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3.2 3 2 Assist in obtairnim from OWNEK additional details or information, when required, for proper execution of the Work. 9.3.2.3.3. Advise the ENUINFER and CONTRACTOR of the commencement of arty Work requiring a Shop Drawing or sample submission if the submission has not been approval by ilx FNGINEFR 9 3 2 4 Review of Work- Rejection of Defect" Work. Inspections and Tests - 9.3 2.4.1. Conduct on -site observations of the Work in Prowess to assist the ENGINEER in determining that the Wgrk is procecdine in accordance with the Contract Documents 99.3.2.4.3^Accompany visitina insvectors representmA public or other agencies having jurisdiction over the Proiect_ record the results of these ing ctions and report to the ENGII\T� 9.3 2.5. Intetpretalion of Contract Documents. Rep xl to ENGINEER when clarifications and interpretations of the Contract Documens are needed__ and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the lor~DHtJaas� 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for EXDCOEMRAL CONDI-no S 1910i(Im Edtian) 20 wt CITY OF FORT COLW NS MODIFICAMONS (REV 42000) modification in Dmwittes or SMifications and rergg these recommendations to ENGINEER, Accurately transmit to CONTRACTOR decisions issued by the ENGINEER. 9.3.2.7. Records. aVL Srz4zE&_pCX,9Sic r tared. of the pro rg ess of the d f the CONTRACTOR'S Mpbattce with the o�g ass sctuduk erxl schedule of shop Drawing and sample A4h 9,3.2.8 2. Consult with INGINEER in advance of scheduling major tat ins onion or start of important phases of the Work. 9.3 2.8.3. Draft proposed Change Orders and Work Directive Chan= obtaining, backtm materiel frgm the CONTRACTOR end recommend to ENGINEER_ Change Orders. Work Directive Chances and field orders. 9.3.2.8.4. crt immediate) to INEER ENGand OWNIM the_occurrence of any accident. 9 3 2 9 Payment Requests. Review applications far payment w estath CONTRACTOR for compliance with the blished procedure for their submission end forward with recommendation to ENGINEER notirte particularly the relationship of thegtlymCM_requested W the schedule of values, work completed and materials and epurnent delivered at the site but not incorp rated m the Work. 9.3.2.10. Cgmplttigrt, 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion. submit W CONTRACTOR a list of observed items requiring correction or completion. 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER. OWNER and CONTRACTOR and pr c a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 933. Limitation of Authority The Representative shall not: 9.33.L Authorize arty deviations from the Contract Documents or accept arty substitute rnatetjals or_ equipmem,_upk�S_ausjt4l 4Y tt ENGINEER. 9.3.3.1 Exceed limitations of ENGMEER'S authority as set forth in the Contract Doctuncou. 9.3.3.3. Undertake any of the responsibilities Of the CONTRACTOR. Subcontractors, or CONTRACTOR'S supmritendent. 9.3.3.4. Advise on. or issue directions relative to, or war any_ expect of the means, methods. techniques. sequences or trocedures for construction unless such is specifically called for in the Contract Documers. 9.3.3.5. Advise on or issue directions nor assuge41 over safety precautions and pro ams in connections with the Wok. 93.3.6. Accent Shop Drawin or sample Submittals from anyone other than the CONTRACTOR 93.3.7. Authorize OWNER W occupy the Work in whole or in part. 9.3.3.8. Participate in soccialized field or laboratory tests or msoectiorns conducted by others etcceptt_as_.specifically_ az_ed by_ the ENGINEER Chuiftca6wrs and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EXX MWAL ODNDITtONS 1910-8 (1990 Edtim) w/CITY OF FORT CULUNS MODIFICATIONS (REV U2000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be corais1ent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable W agree to the amount or extent thereof: if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work: 95. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an a ustmcnt in the Contract Price or the Contract Tunes and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Ordcrjustifies an adjustment in the Contract Rice or the Contract Times and the parties are unable to agree as W the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 1 I or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority W disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms W the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments 9.7. In connection with ENGINEERS authority as to Shop Drawings and Samples, see paragraphs 6.24 trough 6.28 inclusive. 9.8. In connection with ENGINEERS authority as to Charge Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEERS authority as W Applications for Payment, see Article 14. Determinations for Unit Prices 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application of for Payment or otherwise). ENGINEER's written decision thereon will be foal and bin tg upon OWNER and CONTRACTOR carless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party, in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes 9.11. ENGINEER will be the initial interpreter of the requirement-, of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Wok or the interpretation of the requirements of the Contract Documentspertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Ccnmct Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise dweto. and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGiNEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (in) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEEIZs written decision is delivered by OWNER or CONTRACTOR to the other and to ENG= within thirty days after die date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in acccrdlance with applicable Laws and Regulations within sixty days of the date of such E)CDC OEMLAL CONDIMOM 191" (1990 Edtim) 22 w/CITY OF FORT 0OUIMMODIF)CAMNS(REV42000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under paragnrphs9.10 and 9A L ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.I0 or 9.11 with respect to an), such claim, dispute or other matter (except arry which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matteriursuen! teAiiiele 16. 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINF.ER's authority or responsibility under this Article 9 or under any other Provision of the Contract Documents nor any any made by ENGINEER in good faith either to exercisc or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create. impose or give rise to any dirty owed by ENGAtEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organisation or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontract tor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4, ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instruction, schedules. guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORT: 10.1. Without imalidating the Agreement and without notice to any surety. OWNER may, at any time or from time to time. order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Wracrn AmendmeaL a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Coact Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 623 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINvTEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14. or (W)agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are weed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal. CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29 10.5. If notice of any change affeAing the general scope of the Work or the provisions of the Contract Documents EXIX GENERAL CONDITIONS 1910-8 (1990 Mimi V CITY OF FORT (X)UJ NS MODIFICATIONS OtEV 42000) (mcluding but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be gginven to s surety, the givi of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE I1.1. The Contract 1'rice constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations aam�vggnnecd to or undertaken by CONTRACTOR shall he at CONTRACTOR's expense without change in the Contract Price. 112. The Contract Price may only be changed by a Change Order or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the arrounnt involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows. 11.3.1. where the Work involved is covered by unit prices contained in the Contract Doctmnents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3, inclusive); CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and 11.3.2. where the Work involved is not cowered by CONTRACTOR and shall deliver such bids to unit prices contained in the Contract Documents, by a OWNER who will then determine, with the advice of mutually agreed payment basis, includ rig lump sum ENGINEER, which bids, if any, will be accepted. If (which may include an allowance for overhead and any subcontract provides that the Subcontractor is to profit not necessarily in accordance with be paid on the basis of Cost of the Work plus a fee, paragraph 1 L6.2); the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's 11.3.3. where the Work involved is not covered by unit Cost of the Work and fee as provided in prices contained in the Contract Doetuneaas and pranagraphs 11 A, 11.5, 11.6 and 11.7. All agreement to a lump sum is not reached under subcontracts shall be subject to the other provisions of paragraph 11.3.2, on the basis of the Cost of the Work the Contract Documents insofar as applicable. (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit 11.4.4. Costs of special consultants (including but (determined as provided in paragraph 11.6). not limited to engineers, architects, testing laboratories, stavcyors, attorneys and accountants) Cost of the Work: employed for services specifically related to the Work. 11.4. The term Cast of the Work means the sum of all costs necessarily insured and paid by CONTRACTOR in 11.4.5. Supplemental costs including the following: the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall 11.4.5.1. The proportion of necessary be in amounts no higher than those prevailing in the transportation, travel and subsistence expmws of locality of the Project, shall include only the following CONTRACTOR's employees incurred in items and shall not include arty of the costs hemmad in discharge of duties connected with the Work. paragraph 11.5 11.4.5 .2. Cost, including transportation and 11.4.1.Payroll costs for employees in the direct maintenance, of all materials, supplies, employ of CONTRACTOR in the performance of the equipment, machinery, appliances, office and Work under schedules of job classifications agreed temporary facilities at the site and hand tools not upon by OWNER and CONTRACTOR. Such owned by the workers, which are consumed in the employees shall include without limitation performance of the Work, and cost less market superinte dent.% foremen and other personnel value of such items used but not consumed which employed full-time at the site. Payroll costs for remain the property of CONTRACTOR employees not employed full-time on the Work shall be apportioned on the basis of their time sperm on the 11.4.53. Rentals of all construction Work Payroll casts shall inckdr-butnot be limited toor equipment and machinery and the parts thereof salaries and wages plus the cost of fringe benefits whether rented from CONTRACTOR or others in which shall include social security contributions, accordance with rental agreements approved by unemployment, excise and payroll tales, workers' OWNER with the advice of ENGINEER, and the compensation[, health end retiremetit benefits, bonusea: casts of transportation, loading, unloading, applicable thereto. installation. dismantling and removal thereof —all The expenses of performing Work after regular in accordance with tents of said rental working hours, on Saturday. Sunday or legal holidays, agreements. The rental of any such equipment, shall be included in the above to the extent authorized machinery or parts shall cease when the use by OWNER. thereof is no longer necessary for the Work. 11.4.2. Cost of all materials and equipment furnished 11.4.5.4. Sales, consumer, use or similar taxes and incorporated in the Work, including costs of related to the Work. and for which transportation and storage thereof, and Suppliers' Geld CONTRACTOR is liable, imposed by Laws and services required in connection therewith All cash Regulatiom discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with 11.4.5.5. Deposits lust for causes other than which to make payments, in which case the cash negligence of CONTRACTOR, any dismounts shall accrue to OWNER. All trade Subcontractor or anyone directly or indirectly discounts• rebates and refunds and returns from sale of employed by any of them or for whose acts any surplus materials and equipment shall accrue to of them may be liable, and royalty payments and OWNER, and CONTRACTOR stall make provisions fees for permits and licenses. so that they may be obtained 11.4.5.6. Losses and damages (and related 11.4.3. Payments made by CONTRACTOR to the expenses) caused by damage to the Work, not Subcontractors for Work performed or furnished by compensated by insurance or otherwise, sustained Subcontractors. If required by OWNER, by CONTRACTOR in connection with the EXI)C OEMEIM CONDITIOr51910-3 (I"0 Editim) 24 wf CITY OF FORT ODLUM MODIFICATIONS (R1;V 42000)