Document Millcreek_doc_1df248dc39

MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT PROJECT MANUAL Sunnyvale Park Improvements, Phase 1 FOR MORE INFORMATION REGARDING THIS PROJECT CONTACT: ASHLEY CLEVELAND, MS MILLCREEK, COMMUNITY DEVELOPMENT DEPARTMENT 3330 SOUTH 1300 EAST MILLCREEK, UTAH 84106 PHONE # (801) 214-2713 SPECIFICATIONS REFERENCE When reference is made to specifications, they refer to the Manual of Standard Specifications 2017 Edition, Utah APWA. This reference shall control except for modifications and supplements contained in this project manual. ---PAGE BREAK--- INTRODUCTORY INFORMATION ---PAGE BREAK--- Title Page 00 01 01 - 1 00 01 01 Title Page MILLCREEK A Political Subdivision of the State of Utah Millcreek, Utah PROJECT MANUAL FOR Sunnyvale Park Improvements, Phase 1 Millcreek Community Development Department 3330 South 1300 East Millcreek, Utah 84106 January 2020 ---PAGE BREAK--- Table of Contents 00 01 10 - 1 00 01 10 Table of Contents Sunnyvale Park Improvements INTRODUCTORY INFORMATION 00 01 01 Title Page 00 01 10 Table of Contents 00 01 15 List of Drawings BIDDING REQUIREMENTS PRE-BID INFORMATION 00 11 16 Invitation to Bid INSTRUCTIONS TO BIDDERS 00 21 13 Instructions to Bidders 00 22 03 Modifications to Instructions to Bidders BID FORMS 00 41 00 Bid Information 00 43 00 Bid Schedule 00 43 13 Bid Bond SUPPLEMENTS TO BID FORMS 00 43 36 Subcontractor and Supplier Report 00 43 38 Bidder Status Report 00 45 19 Certification of Non-Collusion 00 45 36 Certificate of Non-Discrimination CONTRACT FORMS AGREEMENT FORM 00 52 00 Agreement BONDS AND CERTIFICATES 00 61 13.13 Performance Bond 00 61 13.16 Payment Bond 00 62 16 Certificate(s) of Insurance CONDITIONS OF THE CONTRACT GENERAL CONDITIONS ---PAGE BREAK--- Table of Contents 00 01 10 - 2 00 72 00 General Conditions SUPPLEMENTARY CONDITIONS 00 73 76 Political Contribution Notice 00 73 79 Environmental Compliance Practices ADDENDA AND MODIFICATIONS 00 73 03 Modifications to General Conditions 00 91 13 Addenda and Modifications GENERAL REQUIREMENTS DIVISION 01 – GENERAL REQUIREMENTS 01 11 00 Summary of Work 01 31 13 Modification to Coordination 01 33 00 Submittal Procedure 01 55 26 Traffic Control SUPPLEMENTARY SPECIFICIATIONS 323300 SITE FURNISHINGS 328400 PLANTING IRRIGATION 329113 SOIL PREPARATION 31100 SITE CLEARING 329200 TURF AND GRASSES 329300 PLANTS 323113 CHAIN LINK FENCES AND GATES 321823 FUTSAL PITCH COATING END OF TABLE OF CONTENTS ---PAGE BREAK--- List of Drawings 00 01 15 - 1 00 01 15 List of Drawings SUNNYVALE PARK IMPROVEMENTS, PHASE 1 Sheet No. Title L-001 COVER SHEET L-002 GENERAL NOTES BASE SURVEY TOPOGRAPHIC AND BOUNDARY SURVEY LD-101 DEMOLITION PLAN LS-101 SITE IMPROVEMENTS PLAN LS-102 HARDSCAPE LAYOUT PLAN LS-103 LIGHTING LAYOUT PLAN LS-104 PLANTING LAYOUT PLAN LS-501 SITE DETAILS C-102 GRADING PLAN C-201 DRAINAGE PLAN C-202 STORM PLAN & PROFILE C-203 STORM PLAN & PROFILE C-501 DETAILS - STORM DRAIN C-502 DETAILS - STORM DRAIN C-503 DETAILS - STORM DRAIN S 1.1 STRUCTURAL SITE PLAN S 1.2 STRUCTURAL DETAILS & NOTES LP-101 PLANTING PLAN LP-501 PLANTING DETAILS LI-101 IRRIGATION PLAN LI-102 IRRIGATION DETAILS EE-001 SHEET INDEX, ABBREVIATIONS, AND GENERAL NOTES EE-004 ELECTRICAL SPECIFICATIONS EE-501 ELECTRICAL DETAILS EE-601 LIGHTING COMCHECK EE-701 TYPICAL MOUNTING HEIGHT DETAILS ES101 ELECTRICAL SITE PLAN ES102 ELECTRICAL SITE CONDUIT PLAN ES103 ELECTRICAL SITE LIGHTING CALCULATIONS ES601 ELECTRICAL LIGHTING FIXTURE SCHEDULE2 ELECTRICAL SLES END OF DOCUMENT ---PAGE BREAK--- BIDDING REQUIREMENTS ---PAGE BREAK--- PRE-BID INFORMATION ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 1 00 11 16 Invitation to Bid PART 1 GENERAL Separate sealed bids will be received by Millcreek Community Development Department until (9:59 am) on February 20th, 2020 (2/20/20) for construction/improvements (lighting, fencing, and futsol court instillation) at Sunnyvale Park 4013 S 700 W Millcreek, Utah 84123. An optional pre bid meeting will be held February 6th at Sunnyvale Park 4013 S 700 W Millcreek, Utah 84123 at 1 pm. For more information, please go to and type Sunnyvale Park Improvements into the “Search” bar. INVITATION TO BID Sunnyvale Park Improvements Separate sealed bids will be received by Millcreek Community Development Department until (9:59 am) on February 20th, 2020 (2/20/20) for construction/improvements (lighting, fencing, and futsol court instillation) at Sunnyvale Park 4013 S 700 W Millcreek, Utah 84123. This project will include: • Construction of two fenced in futsal pitches • Electrical panel upgrade • lighting system • Modifying existing irrigation system • Excavation/trenching, and amending existing soils • Stormwater management system • Clearing and grubbing specified areas • Tree and shrub planting bed preparation • Recovery of lawn areas An optional pre bid meeting will be held February 6th (02/06/20) at Sunnyvale Park 4013 S 700 W Millcreek, Utah 84123 at 1 pm. Millcreek Community Development Department reserves the right to reject any and all bids or to waive any informality or technicality in any bid in the interest of the Millcreek Community Development Department. ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 2 NOTICE TO ALL PROSPECTIVE CONTRACTORS This project will be a FEDERALLY FINANCED COMMUNITY DEVELOPMENT PROJECT. All rules and regulations governing such projects will be applicable. The contract is to be awarded to the lowest responsible and responsive bidder, whose bid meets the requirements and criteria set forth in the request for bids. Requirements for prevailing wage rates and certified payrolls apply as it is subject to the Davis-Bacon Act. Also, work to be completed under this project is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, the purpose of which is to ensure employment and other economic opportunities generated by HUD-assisted projects shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. All prime contractors participating in this project must have a Data Universal Numbering System (DUNS) number and be registered on the federal System for Award Management (SAM) at sam.gov. They are also responsible for ensuring all subcontractors are registered on sam.gov and have not been debarred. 1.1 CONSTRUCTION CONTRACT A. Bidders are invited to bid on the Construction Contract titled: Sunnyvale Park Improvements, Phase 1 B. For information about the award of this Construction Contract will be posted on the State of Utah’s electronic procurement system (SciQuest), or by contacting Millcreek Community Development Ashley Cleveland, MS at (801) 214-2713. 1.2 DESCRIPTION OF WORK A. The location of the work is: Sunnyvale Park 4013 S 700 W Millcreek, Utah 84123 B. The work to be performed consists of furnishing and installing the equipment, facilities, services and appurtenances thereto as included in the Contract Documents. Items of work are as follows: Installing park lighting, fencing, and 2 futsol courts. 1.3 BIDDERS' PRE-QUALIFICATION A. Bidders [ ] are required to be pre-qualified for this Project and may obtain appropriate forms from are not required to be pre-qualified for this Project. ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 3 1.4 BASIS OF BIDS A. Bids shall be on a unit price basis. Unsealed or segregated Bids will not be accepted. 1.5 CONTRACT TIME A. The Work will be Substantially Completed within [ ] 90 calendar days after the date of the Notice to Proceed. a time period to be specified by the Bidder. 1.6 EXAMINATION AND PROCUREMENT OF DOCUMENTS A. Drawings, specifications, and other contract documents may be examined and obtained from the State of Utah’s electronic procurement system and type Sunnyvale Park Improvements, Phase 1 into the “Search” bar) or through the Millcreek website at after 5:00 P.M., the 22nd day of January 2020. 1.7 OPTIONAL PRE-BID CONFERENCE A. An optional pre-bid meeting [ ] will not be held. [ X] will be held at 1 p.m. on the 6th day of February 2020, at Sunnyvale Park 4013 S 700 W Millcreek, Utah 84123. All contractors intending to submit a bid are invited to attend to obtain relevant information concerning the project. Bidders are advised that information affecting drawings, specifications, conditions, scope of work, etc. may be discussed. Millcreek assumes no obligation to disclose information discussed at the pre-bid conference to bidders who do not attend. Absent bidders assume all risk of failure to attend. 1.8 BID SECURITY A. Bid Security in the amount of at least 5 percent of the Bid must accompany each Bid in accordance with the Instructions to Bidders. Bid Security will be returned to each unsuccessful Bidder after tabulation and award of the Construction Contract. 1.9 BID OPENING AND LOCATION A. Bids will be received through the State’s electronic procurement system until (9:59 am) on February 20th, 2019 (2/20/20). Bids received after that time will not be accepted. Bids will be automatically calculated and then verified by ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 4 Millcreek Community Development Department personnel on February 20th, 2019 (2/20/20) at 10 am. B. Incomplete bids and applications that are rejected by the electronic procurement system will not be eligible for consideration in the selection process. If bidder has difficulties submitting to Sciquest, please visit and email Sciquest to resolve the issue and email [EMAIL REDACTED] as receipt of difficulties. 1.10 RIGHT TO REJECT BIDS A. Millcreek reserves the right to reject any or all bids or to waive any informality or technicality in any bid if deemed by Millcreek to be in the public's best interest. 1.11 VALIDITY PERIOD FOR BIDS A. In consideration for the opportunity to submit a bid for the project described herein, bidder agrees to hold its bid open and firm for 30 days after the day of Bid opening (2/20/20- 03/20/2020), whether or not bidder is identified as the apparent low bidder at said opening. Bidders who withdraw their bid after Bid opening, but before expiration of the period specified above, shall forfeit their bid security if award of a contract, based upon the bid, is subsequently made to them. 1.12 GOVERNING LAWS AND REGULATIONS A. This project does require the payment of specific wage rates. Payroll submittal will be required. The current regulations for the Davis-Bacon and Related Acts (DBRA), 29 CFR part 5, require that certified payrolls be provided to the contracting government office for each week of work: “The payrolls submitted shall set out accurately and completely all of the information required, including `name, address, and Social Security number of each such worker * * ” 29 CFR (ii). These requirements flow down to subcontractors as well. Id. 5.5(a)(6). More information: the-privacy-of-workers-labor-standards-provisions-applicable-to-contracts- covering B. In compliance with Americans with Disabilities Act, (ADA) the following information is provided: Email- [EMAIL REDACTED]; Contact person: ADA Coordinator (801) 214-2602 C. Supplementary information about wage determinations provided here Department of Labor Wage Determinations: D. Bidders on this Work will be subject to the applicable provisions of all federal rules, laws and regulations or orders. The Millcreek Community Development Department (MCDD) is dedicated to the purchase goods and services at the best ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 5 value in a transparent competition. MCDD considers factors such as cost, quality, availability and relevance when awarding bids. E. The Millcreek Community Development Department actively outreaches to Minority Business Enterprises and Women Business Enterprises in fulfillment of the agency’s policy of promoting contract opportunities for minority and women owned business. Salt Lake County utilizes a directory of minority and women owned business vendors who have registered to be notified of upcoming bid opportunities. Once registered, vendors Millcreek will notify them of opportunities consistent with the areas of interest indicated during the registration process. Vendors may modify or delete their registration at any time with Slat Lake County’s Community Development procurement department. We are committed to meeting the Section 3 Numeric Goals and Preferences of the Housing and Urban Development Act of 1968, (12 U.S.C. 1701u) which requires that employment and other economic opportunities generated by certain HUD financial assistance shall to the greatest extent feasible be directed to: low and very low-income persons, particularly those who are recipients of government assistance for housing; and business concerns which provide economic opportunities to low and very low-income persons. NOTICE TO ALL PROSPECTIVE CONTRACTORS This project will be a FEDERALLY FINANCED COMMUNITY DEVELOPMENT PROJECT. All rules and regulations governing such projects will be applicable. The contract is to be awarded to the lowest responsible and responsive bidder, whose bid meets the requirements and criteria set forth in the request for bids. Requirements for prevailing wage rates and certified payrolls apply as it is subject to the Davis-Bacon Act. Also, work to be completed under this project is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, the purpose of which is to ensure employment and other economic opportunities generated by HUD-assisted projects shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. All prime contractors participating in this project must have a Data Universal Numbering System (DUNS) number and be registered on the federal System for Award Management (SAM) at sam.gov. They are also responsible for ensuring all subcontractors are registered on sam.gov and have not been debarred. ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 6 INSTRUCTIONS TO BIDDERS Sunnyvale Park Improvements PART 1 GENERAL 1.1 DEFINED TERMS A. Terms used in the Bid Documents which are defined in Article 1.1 of the General Conditions (Section 00 72 00 of APWA Manual of Standard Specifications) will have the meanings indicated in the General Conditions. 1.2 COPIES OF BID DOCUMENTS A. Complete sets of Bid Documents must be used in preparing Bids. MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT and LANDSCAPE ARCHITECT assume no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. B. Bid Documents are made available to Bidder only for the purpose of preparing Bids on the Work. A license or grant for any other use is not given. C. Document copyrights shall remain with the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT. 1.3 PRE-BID CONFERENCE A. If a pre-bid conference is held, representatives of MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT and LANDSCAPE ARCHITECT will be present to discuss the Project. Following the conference, LANDSCAPE ARCHITECT will transmit to all persons or agencies who have signed for receiving copies of the Bid Documents such Addenda as LANDSCAPE ARCHITECT considers necessary in response to questions arising at the conference. Location and time of conference is identified in the Invitation to Bid (Document 00 11 16). 1.4 EXAMINATION OF SITE AND CONTRACT DOCUMENTS A. In General: Bidders are permitted to converse with LANDSCAPE ARCHITECT or LANDSCAPE ARCHITECT's personnel having knowledge of the Project, Plans, Specifications, Material sites, or conditions generally prevailing in the area of the Project to aid in pre-bid investigations. The MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT is not bound by any statements or representations made by LANDSCAPE ARCHITECT or LANDSCAPE ARCHITECT's personnel before the bid opening or award of the Construction Contract, nor for any assumptions or conclusions reached by a prospective Bidder as a result of such communication unless the LANDSCAPE ARCHITECT issues an Addendum to all prospective Bidders. B. Site, Access To: The lands upon which the Work is to be performed, rights-of- way and easements for access thereto and other lands designated for use by Bidder in performing the Work are identified in the Contract Documents. All additional off site lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Bidder. ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 7 C. Contract Documents: The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 1.04; that without exception the Bid is premised upon performing and furnishing the Work 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. D. Bidder's Obligations: The submission of a bid constitutes acknowledgement that Bidder has complied with all bidding instructions. It is the responsibility of each Bidder before submitting a Bid, to: 1. Examine the Contract Documents thoroughly; 2. Visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work; 3. Consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; 4. Study and carefully correlate Bidder's observations with the Contract Documents; 5. Identify and notify LANDSCAPE ARCHITECT in writing of all specific conflicts, errors or discrepancies in the Contract Documents, or if Bidder doubts their meanings; and 6. Identify and notify LANDSCAPE ARCHITECT in writing of all errors or omissions in estimates or statements of quantities or units specified in the plans, specifications or drawings, which are, or should be, reasonably apparent to a contractor qualified to perform the Work of the Project. The failure or omission of any Bidder to receive or examine any form, instrument, Addendum or other document, visit the site and become acquainted with conditions there existing, or attend the pre-bid conference, shall in no way relieve any Bidder from obligations with respect to Bidder's bid or to the Construction Contract. E. Deviations from the Terms of the Contract Documents: MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT will not accept any deviations whatsoever from the printed terms of the Agreement (Document 00 52 00) and the Contract Documents, except by Addendum or Change Order. F. APWA Standard Specifications: Except for the APWA General Conditions (APWA Document 00 72 00), all provisions of the APWA Manual of Standard Specifications, 2017 Edition, are made a part of the Contract Documents by reference. 1.5 PHYSICAL CONDITIONS A. In General: Before submitting a Bid, each Bidder will be responsible for review of MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT's explorations, tests and data concerning surface conditions, subsurface conditions and Underground Facilities at or contiguous to the site, or otherwise, which may affect cost, progress, performance or furnishing of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 8 B. Surface and Subsurface Conditions: Provisions concerning surface and subsurface conditions, if any, are set forth in the Topographical and Boundary survey. The document provides the identification of: 1. those reports of explorations and tests of subsurface conditions at the site which have been utilized by LANDSCAPE ARCHITECT in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site which have been utilized by LANDSCAPE ARCHITECT in preparing the Contract Documents. C. Underground Facilities: Information and data indicated in the Contract Documents regarding Underground Facilities at or contiguous to the site is based upon information and data furnished to MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT and LANDSCAPE ARCHITECT by Millcreek Community Development Departments of such Underground Facilities. The MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT does not assume responsibility for the accuracy or completeness thereof other than as provided in Article 4.03A.2 of the General Conditions (Document 00 72 00) or unless expressly provided in the Modifications to General Conditions (Document 00 73 03). D. Additional Explorations: On request, MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT will provide each Bidder access to the site to conduct any explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall obtain permits, fill all holes, clean up and restore the site to its former condition upon completion of such explorations. Bidder agrees to indemnify and save the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT harmless against and from all claims arising out of Bidder's activities during and after the performance of additional explorations. E. Modifications to the Contract Documents: Provisions concerning the adequacy of the data furnished for subsurface structures and underground facilities, and the possibility of changes in the documents due to differing conditions appear in Articles 4.02 and 4.03 of the General Conditions (Document 00 72 00). PART 2 BIDDING PROCEDURES 2.1 INTERPRETATIONS AND ADDENDA A. All requests for interpretation of the Contract Documents shall be made in writing and delivered to the LANDSCAPE ARCHITECT no later than 7 calendar days prior to opening of Bids. If required, LANDSCAPE ARCHITECT will send written interpretation to all persons receiving a set of Bid Documents in the form of a written Addendum. If a Bidder's request for interpretation is not responded to by LANDSCAPE ARCHITECT, Bidder shall not rely on Bidder's interpretation in the request contrary to the intent and terms of the Contract Documents. ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 9 B. MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT will not be responsible for any explanations or interpretations, except those duly issued in the form of written Addenda. C. Addenda may also be issued to modify the Bidding Documents as deemed advisable by LANDSCAPE ARCHITECT. D. Addenda issued during the time of bidding shall be deemed to be included in the Bid. Bidder must acknowledge receipt of each Addenda on the Bid form. Failure to acknowledge receipt will cause Bid to be non-responsive. All Addenda shall become a part of the Contract Documents. E. Except to postpone the Bid opening, no Addenda shall be issued within 48 hours of the Bid opening. 2.2 EQUIPMENT AND MATERIAL OPTIONS PRIOR TO BID OPENING A. If a Bidder or Supplier wishes to use items of equipment and materials other than those identified in the Contract Documents, said Bidder or Supplier shall deliver a written request for approval to the LANDSCAPE ARCHITECT at least 7 days prior to the date set for opening of bids. B. The procedure for submission of any such product option shall be as set forth in Article 6.04 of the General Conditions (Document 00 72 00). It is the sole responsibility of the Bidder or Supplier to submit complete descriptive and technical information so that LANDSCAPE ARCHITECT can make a proper appraisal. C. LANDSCAPE ARCHITECT's failure to act upon such a request within three days after delivery shall be deemed a denial thereof. D. Any such approval is at the sole discretion of the LANDSCAPE ARCHITECT and will be in the form of an Addendum issued to all Bidder's holding Bid Documents indicating that the additional equipment and materials are approved as equal to those specified for the Project. 2.3 BID SECURITY A. Bid security: must be either in the form of a Bid Bond or cashier's check, as discussed below. No other form will be accepted. B. Amount of Bid security: The total amount of the Bid on which Bid security is to be based shall be the sum of all items of the Bid constituting the maximum amount of the possible award to the Bidder. The Bond amount must equal at least five percent of the total amount of the Bid. C. Bid Bond: The Bond shall accompany the Bid and shall be issued by a corporate surety company authorized to do business in the State of Utah. The Bond shall guarantee that the Bidder, if awarded the Work, will enter into the Construction Contract to perform the Work in the manner required by the Contract Documents. D. Bond Form: The Bid Bond must be submitted using the Bid Bond Form (Document 00 61 12). E. Cashier's Check: If a cashier's check is used in lieu of a Bid Bond, the cashier's check must be drawn on a bank doing business in the State of Utah and made payable to Millcreek. ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 10 F. The cashier's check or Bid Bond of a Bidder to whom contract has been awarded will be returned to Bidder within three days after all the acts, for the performance of which said Bid Bond or Check is required, have been fully performed. The Bid Bonds and checks of all bidders will be held until Millcreek Mayors’ Office has awarded the contract or rejected all bids. The liability of Millcreek in connection with said checks shall be limited to the return of the checks as herein provided. G. Default: In the event of failure or refusal of the Bidder to enter into the Construction Contract and deliver to the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT a Performance Bond, Payment Bond and any other Bonds or documents required by the Contract Documents within ten days after award of the Work by Millcreek Mayor’s Office, the Bidder shall forfeit the sum of the Bid Bond or cashier's check to the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT as liquidated damages. 2.4 CONTRACT TIME AND PUNCH LIST TIME A. Provisions concerning Contract Time and Punch List Time are set forth in the Agreement (Document 00 52 00). 2.5 LIQUIDATED DAMAGES A. Provisions concerning liquidated damages are set forth in the Agreement (Document 00 52 00). 2.6 RETAINAGE A. Provisions concerning MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT retaining money are set forth in the Agreement (Document 00 52 00). 2.7 BID FORM A. The Bid form (Document 00 41 00) identifies all forms comprising the Bid Documents. Additional copies may be obtained from LANDSCAPE ARCHITECT. B. Bids by corporations must be executed in the corporate name by the president, vice-president or other corporate officer authorized to sign and must be properly attested to as an official act of the corporation. At the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT's request, authority to sign shall be submitted. C. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title and official partnership address must be shown. D. Where joint ventures are proposed by contractors, all parties concerned shall be pre-qualified. A letter asking permission to participate in a joint venture must be submitted by the contractors to Millcreek and permission granted before bid opening. E. All names must be typed or printed under or near the signature. F. The Bid shall contain an acknowledgment of receipt of all Addenda. The Addenda numbers must be filled in on the Bid form. Failure to include Addenda numbers on the acknowledgement will cause the Bid to be considered non-responsive. ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 11 G. The Bidder's address and telephone number for communications regarding the Bid must be shown on the first page of the Bid form. H. The Bidder shall make no stipulations or alterations on the Bid forms. The Bidder must use only the Bid form and Bid Schedules bound in the Contract Documents. The complete Contract Documents should be submitted as the Bidder's Bid. I. Anyone signing any of the Contract Documents as the agent of another, or others, must file with it legal evidence of his/her authority to do so. Such evidence must be either a notarized power of attorney or a certified court order. 2.8 BID SCHEDULE A. Any work or material which is specified in the Contract Documents or which is necessary because of the nature of the Work, but which is not listed separately in the Bid Schedule (Document 00 43 00) shall not be measured or paid for separately. The cost of such work or material shall be considered as included in the Contract Price. B. All blanks on the Bid Schedule (Document 00 43 00) must be completed in ink or by typewriter. If applicable, furnish both the unit and the total costs for each item. Numbers shall be stated in figures, and the signature of all persons signing shall be in longhand. The Bid Schedule must not contain any erasures, interlineation or other corrections unless each such correction is suitably authenticated, by affixing in the margin immediately opposite the correction, the surname or initials of the person or persons signing the bid. Any corrections, alterations or erasures made by the Bidder on the Bid Schedule shall be initialed in ink by the Bidder. All corrections, interlineations, etc. not made in ink or typewritten and authenticated as required herein shall be ignored and shall not be deemed to modify figures and/or signatures or initials made in ink or typewritten. 2.9 SUBMISSION OF BIDS A. Bids shall be submitted at the time and place indicated in the Invitation to Bid (Document 00 11 16) and must be enclosed in an opaque, sealed envelope, marked with the Project title, the name and address of the Bidder, and the date and time of bid opening. If the Bid is sent through the mail or other delivery system, the sealed envelope should be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. Delivery of the Bid before the scheduled time bid opening is the sole responsibility of the Bidder. B. Alternate bids, other than those called for in the Bid form, will not be considered. C. No oral, telegraphic, telephonic, facsimile or modified bids will be considered. 2.10 MODIFICATION AND WITHDRAWAL OF BIDS A. At any time prior to the opening of Bids, Bids may be modified or withdrawn if a written withdrawal is signed by Bidder and delivered to the place where Bids are to be submitted. ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 12 B. Within 24 hours after Bids are opened, any Bidder may file written notice with MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT that there was a substantial mistake made in the preparation of its Bid. Bidder must thereafter demonstrate Bidder's mistake to the reasonable satisfaction of the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT. If MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT agrees, Bidder may withdraw its Bid and the Bid security will be returned to the Bidder. C. AT MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT's option, Bidder may resubmit a bid withdrawn for mistake as permitted herein and the bid will be considered for award of the Work to the Bidder on the following conditions: There is clear and convincing evidence of the mistake, and there is clear and convincing evidence of the intended bid. However, if the resubmitted bid, after correction, would displace an apparent low bidder, the evidence of mistake and the intended bid must appear substantially from the face of the original bid itself. MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT's determinations in these circumstances shall be final. 2.11 OPENING OF BIDS A. Bids will be opened and read aloud publicly Thursday, February 20th, 2020 at Millcreek City Hall at 10 am. An abstract of the amounts of the base schedule of prices and any alternate schedules will be made available for review after the opening of Bids. B. Bidders are invited to attend the bid opening. C. Award of the Work shall not be made at the bid opening. The only identification to be made at bid opening will be the "apparent low bidder". D. Any Bids presented or received after the time specified in the Invitation to Bid (Document 00 11 16) will not be accepted or opened. They will be either refused, or retained in the Office of Contracts and Procurement until such time as they can be returned. The time indicated by the "date and time received" stamp of the bid depository location shall be deemed conclusive. 2.12 BIDS TO REMAIN FIRM FOR SPECIFIED TIME A. All bids remain firm and subject to acceptance for 30 days after the day of the Bid opening (2/20/20- 03/20/2020). MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT may, in its sole discretion, release any Bid and return the Bid security prior to expiration of that time period. 2.13 COMPLIANCE WITH EMPLOYMENT LAWS AND REGULATIONS A. Bidders are advised that the Construction Contract and its performance are subject to the applicable provisions of all Laws and Regulations. Bidder will be obligated upon written request, to give all applicable assurances of compliance in connection therewith. B. If federal nondiscrimination requirements are required, the Bidder shall be fully knowledgeable of, and comply with, such requirements. ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 13 PART 3 AWARD OF CONTRACT 3.1 QUALIFICATIONS OF BIDDERS A. Upon request of MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT, a Bidder whose bid is under consideration for award shall submit to the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT the following information for the Bidder, or Bidder's Subcontractors, or Bidder's Suppliers: 1. Evidence showing financial condition; 2. Experience in performing work on a similar type of project; 3. Present construction commitments; 4. Organizational structure; 5. Equipment which is to be used to do the Work; 6. Litigation or claims which are pending, threatened, settled or otherwise disposed of within the last 3 years; 7. Evidence of ability to perform and complete the Work in a manner and within the time limit specified; 8. All matters consistent with federal, state and local Laws and Regulations; and 9. Such other data as may be called for in the Supplementary Instructions to Bidders. 3.2 EVALUATION OF BIDS A. MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT reserves the right to reject any and all Bids; to waive minor informalities in the Bid Schedule and elsewhere so long as the informalities do not affect the Contract Documents or render the bid non-compliant with Laws and Regulation pertaining to bidding requirements; to negotiate and agree to contract terms with the successful Bidder; and to disregard non-conforming, non-responsive, unbalanced or conditional Bids. B. MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT reserves the right to reject any Bid if MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT believes that it would not be in the best interest of the Project or the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT to make an award to that Bidder. Such rejection may be because the Bid is not responsive; or the Bidder is unable, unqualified, or of doubtful ability; or the Bid or Bidder fails to meet any other pertinent standard or criteria established by MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT in the Supplementary Instructions to Bidders (Document 00 22 13). C. In determining Bidders' ability to fulfill the contract, if awarded, MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 14 proposed for those portions of the Work as provided in the Subcontractors and Supplier Report (Document 00 43 36). D. MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT 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 Intent to Award the Construction Contract. E. To establish qualifications of Bidder, MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT may request such data indicated in Article 3.01 hereinabove and conduct such investigations as MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT deems appropriate. F. If the Construction Contract is to be awarded, it will be awarded to the lowest, qualified, responsible and responsive Bidder as determined by the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT. Alternates may be accepted depending upon availability of MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT funds. Bid alternates will be considered in determining the lowest, qualified, responsible, and responsive Bidder. G. Bid Schedules will be evaluated as follows: 1. Discrepancies in the multiplication of quantities of Work items and unit prices will be resolved in favor of the unit prices. 2. Prices written out in form shall govern over prices in numbers. 3. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 4. Bids shall not contain any recapitulations of or changes in the work to be done. 3.3 SUBCONTRACTORS, SUPPLIERS AND OTHERS A. Bidder shall not subcontract more than 75 percent of the dollar value of the total contemplated Work (except for the supply of materials and equipment) without MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT's prior written approval. B. Conflict of interest pertaining to Subcontractors is described in Paragraph 6.05G of the General Conditions (Document 00 72 00). 3.4 CONTRACT SECURITY AND OTHER SUBMITTALS A. Performance Bond (Document 00 61 13.13) and Payment Bond (Document 00 61 13.16): The MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT's requirements as to Performance and Payment Bonds are as set forth in part 5 of the General Conditions (Document 00 72 00). Specific requirements are set forth in the Performance Bond (Document 00 61 13.13) and the Payment Bond (Document 00 61 13.16). 1. The form of the Bonds should be carefully examined by the Bidder. 2. When the successful Bidder delivers the executed Construction Contract to MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT, it must be accompanied by the required Performance and Payment Bonds. ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 15 B. Subcontractor and Supplier Report (Document 00 43 36): One form is required for each schedule specified in the Bid Schedule (Document 00 43 00) within 24 hours of MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT's request. The Subcontractor and Supplier Report (Document 00 43 36) shall list the name and address, of each Subcontractor who will perform work or labor or render service to the Bidder at the site of the Work, or a Subcontractor who, off the job site, will specially fabricate a portion of the Work or improvement according to detail Drawings. In each instance, the nature and extent of the Work to be sublet in an amount in excess of 2 percent of the Bid sum shall be described. C. Bidder Status Report (Document 00 43 38): One completed form shall be submitted. D. Certificate of Insurance (Document 00 62 16): The MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT's requirements as to insurance are as set forth in part 5 of the General Conditions (Document 00 72 00). Certificate(s) of required insurance are to be submitted as attachments to Document 00 62 16. E. Other Information: When a determination has been made to award the Construction contract, Bidder is required, prior to the award or after the award, or both, to furnish such other information as the LANDSCAPE ARCHITECT requests. 3.5 ADJUSTMENTS TO THE COST OF THE WORK AFTER OPENING OF BIDS A. The Contract Price identified in the Agreement (Document 00 52 00) represents the Cost of the Work which is to be paid by the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT to the CONTRACTOR. Adjustments to the Contract Price which are agreed to between the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT and the successful Bidder shall be affected by signing a Change Order concurrent with signing the Agreement. 3.6 SIGNING OF AGREEMENT A. Within 10 days (03/01/2020) after MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT gives Notice of Intent to Award the Construction Contract to the successful Bidder, the Bidder shall pick up, sign and deliver the required number of copies of the Agreement (Document 00 52 00) and attached documents to MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT with the required Bonds. A minimum of 3 originals will be signed. One executed original will be returned to the Bidder. B. Transfers, delegations or assignments of interests in the Contract Documents are prohibited, unless prior written authorization is received from the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT. C. At the time of Bidding, Bid Opening, and the signing of the Agreement (Document 00 52 00), and at all times during the Work, Bidder shall be properly licensed to do the Work and shall be in compliance with the contractor licensing laws of the State of Utah. ---PAGE BREAK--- Instruction to Bidders 00 21 13 - 16 PART 4 MISCELLANEOUS 4.1 SUBSTITUTE OR "OR-EQUAL" ITEMS A. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings, Specifications and any Addenda. B. No application for substitutions or "or equal" items will be considered after bid opening until after CONTRACTOR signs the Agreement. If Bidder wishes to furnish or install a substitute or an "or-equal" item of material or equipment after the Effective Date of the Construction Contract, the procedure for submitting an application for substitution is set forth in Article 6.04 of the General Conditions (Document 00 72 00) and section 01 25 00 of the APWA Standard Specifications. END OF DOCUMENT ---PAGE BREAK--- Modifications to Instructions to Bidders 00 22 03 - 1 00 22 03 Modifications to Instructions to Bidders Add the following: 4.2 SUBCONTRACTOR, SUPPLIERS AND OTHERS C. The following firms have been under contract to the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT in the design phase of the Work and therefore shall not be used as Subcontractors. 1. Design Consultant: IO LandArch 2. Engineering Consultants: Ward Engineering Group 3. Electrical Engineering Consultant: Spectrum Engineers 4. Other: 5. Other: END OF DOCUMENT ---PAGE BREAK--- BID FORMS ---PAGE BREAK--- Bid Information 00 41 00 - 1 00 41 00 Bid Information PART 1 GENERAL 1.1 BIDDER A. Name and address: B. Telephone C. Facsimile D. IRS Tax identification E. Bidder holds license number , issued by the Utah State Department of Commerce, Occupational and Professional Licensing Division, on the day of , 20 . Bidder is licensed to practice as a Contractor. License renewal date is the day of , 20 . F. E-mail address: 1.2 NOTICE 1. Pursuant to Section 58-55-501(8), Utah Code Annotated (UCA), 1953, as amended, it is unlawful to submit a bid for any work for which a license is required under Chapter 55 of Title 58, UCA, by a person or other business entity not licensed or excepted from licensure as a contractor under Chapter 55 of Title 58, UCA. 1.3 CONSTRUCTION CONTRACT A. Name of Project: Sunnyvale Park Improvements B. Project Number: 1.4 ADDENDA A. Bidder hereby acknowledges receipt of the following Addenda. (list Addenda numbers here) 1.5 SUBMITTALS B. To bid for the Work, Bidder is required to submit: 1. This document (Document 00 41 00) ---PAGE BREAK--- Bid Information 00 41 00 - 2 2. Bid Schedule (Document 00 43 00) 3. Bid Security (Document 00 43 13) 4. Certificate of Non-Discrimination (Document 00 45 36) 5. Certificate of Non-Collusion (Document 00 45 19) B. After receiving notice from LANDSCAPE ARCHITECT that Bidder's Bid is under consideration for award, the following documents are to be submitted subsequent to the Notice of Intent to Award. 1. Document 00 45 49: Bidder Status Report. 2. Document 00 43 36: Subcontractor and Supplier Report. 3. Document 00 61 13.13: Performance Bond. 4. Document 00 61 13.16: Payment Bond. 5. Document 00 62 16: Certificate(s) of Insurance required by Contract Documents. 6. 1.6 DEFINITIONS A. Bid Documents: The Bid Documents consist of the Invitation to Bid, the Instructions to Bidders, any Supplementary Instructions to Bidders, this Bid form, any supplements (or post-bid supplements) attached to this Bid form, the Bid Schedule, and the Bid Bond. B. Bid Bond: Document 00 43 13. PART 2 COVENANTS 2.1 BIDDER TO ENTER INTO AN AGREEMENT A. In General: Bidder agrees, if this Bid is accepted, to enter into a Construction Contract with the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT to perform and furnish all work specified or indicated in the Contract Documents and at the Contract Time and the Contract Price identified in the Agreement (Document 00 52 00). B. Change Order: If it becomes necessary to further define the Work, Contract Price, Contract Time or some other portion of the Construction Contract prior to signing the Agreement Document (00 52 00), LANDSCAPE ARCHITECT shall prepare a Change Order describing such change. The necessity for preparing such a Change Order is the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT's sole option. If the Change Order is acceptable to the Bidder, the Bidder agrees to execute the Change Order concurrent with the execution of the Agreement. ---PAGE BREAK--- Bid Information 00 41 00 - 3 2.2 BIDDER ACCEPTS TERMS AND CONDITIONS A. Bidder accepts all of the terms and conditions of the Bid Documents, including without limitation those dealing with the disposition of Bid security. B. Bidder will pick up, sign and submit the Agreement (Document 00 52 00) with the Bonds and other documents required by the Agreement within 10 days after the date of MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT's Notice of Intent to Award the Construction Contract. 2.3 REPRESENTATION OF BIDDER A. In submitting this Bid, Bidder represents, as more fully set forth in the Instructions To Bidders (Document 00 21 13), that: 1. Nature of the Work: Bidder has become familiar with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 2. Surface and Subsurface Conditions: Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. 3. Underground Utilities: Bidder 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. 4. Bidder Investigation: Bidder has correlated the results of all observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5. Discrepancy Resolutions: Bidder has given LANDSCAPE ARCHITECT written notice of all conflicts, errors or discrepancies that Bidder has discovered in the Contract Documents and acknowledges that all written resolutions thereof, issued by LANDSCAPE ARCHITECT prior to Bid opening, are acceptable to Bidder. 2.4 MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT'S RIGHTS AT BID AWARD A. Bidder agrees MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT has the right to reject this Bid, or to award the Work or any part thereof to the undersigned at the prices stipulated. Bidder agrees to make no claim for damages for such rejection or award. B. If the Bid is rejected, then the Bid security shall be returned to the Bidder. C. If the Bid is accepted the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT will notify Bidder of MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT's intent to award the Construction Contract to the Bidder. The Bidder shall have 10 days to sign the Agreement (Document 00 52 00) and any negotiated Change Order issued pursuant to Article 10.01 of the General Conditions (Document 00 72 00), and to deliver the same, together with the required Performance Bond ---PAGE BREAK--- Bid Information 00 41 00 - 4 and Payment Bond, to the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT. If Bidder fails to sign and deliver the Agreement or negotiated Change Order and the required Bonds, as specified, the Bid security, at MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT's option, shall be claimed and cashed and the amount thereof paid to MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT as liquidated damages for the failure of the Bidder to comply with the terms of the Bid. D. Bidder agrees the Bid may be rejected if the submittals required by this Document or the Notice of Intent to Award are not submitted within the time listed in the Notice of Intent to Award. 2.5 NON-COLLUSION A. Bidder agrees the Bid is genuine. The Bid is not made in the interest of or on behalf of any undisclosed person, firm or corporation. B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. C. Bidder has not solicited or induced any person, firm or corporation to refrain from bidding. D. Bidder has not sought by collusion to obtain for itself any other advantage over any separate Bidder or over MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT. 2.6 BID PRICING A. Bidder will complete the Work for the prices listed in the Bid Schedule (Document 00 43 00). Bidder agrees that quantities for Unit Price Work are not guaranteed. (Refer to Article 11.07 of the General Conditions (Document 00 72 00)). 2.7 SUBSTANTIAL COMPLETION, PROJECT COMPLETION AND LIQUIDATED DAMAGES A. Bidder agrees that the Work will be Substantially Complete and ready for Final Inspection on or before the expiration of the Contract Time indicated in the Agreement (Document 00 52 00). B. Bidder agrees the Work will be complete and ready for final payment in accordance with Article 14.09 of the General Conditions (Document 00 72 00) on or before the expiration of the Punch List Time indicated in the Agreement. C. Bidder accepts the provisions of the Agreement (Document 00 52 00) as to liquidated damages in the event of failure to complete the Work on time and in accordance with the Contract Documents. ---PAGE BREAK--- Bid Information 00 41 00 - 5 PART 3 EXECUTIONS 3.1 EFFECTIVE DATE A. Bidder executes this Bid and declares it to be in effect as of the day of 3.2 BIDDER'S SUBSCRIPTION A. Bidder's B. Print Bidder's name C. Title of person END OF DOCUMENT ---PAGE BREAK--- Bid Information 00 41 00 - 1 00 43 00 Bid Schedule PART 1 GENERAL 1.1 CONSTRUCTION CONTRACT A. Name of Project: Sunnyvale Park Improvements B. Project Number: 1.2 RELATED REQUIREMENTS A. APWA 01 29 00: Payment Procedure. 1.3 SCHEDULES TO BE ADDED TO THE AGREEMENT A. This Bid Schedule contains the schedules of prices which will be incorporated into the Agreement (Document 00 52 00) by reference. 1.4 PRICES A. B. Base Bid C. Base Bid: ---PAGE BREAK--- Bid Schedule 00 43 00 - 2 ---PAGE BREAK--- Bid Schedule 00 43 00 - 3 D. Summary: 1. Base Bid: 2. Base Bid Total in written words: END OF DOCUMENT ---PAGE BREAK--- Bid Bond 00 43 13 - 1 00 43 13 Bid Bond PART 1 GENERAL 1.1 PROCEDURE A. The Bid Bond should be submitted on AIA Document A310, as published by the American Institute of Architects, 1736 N.Y. Ave. N.W., Washington, D.C. 20006. If said form is not reasonably available, bid security may be submitted on another form, provided the same is acceptable to the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT and approval of said form is obtained by Bidder prior to submitting Bid. END OF DOCUMENT ---PAGE BREAK--- SUPPLEMENTS TO BID FORMS ---PAGE BREAK--- Subcontractor and Supplier Report 00 43 36 - 1 00 43 36 Subcontractor and Supplier Report PART 1 GENERAL 1.2 BIDDER A. Name and address: B. Telephone Number: 1.3 CONSTRUCTION CONTRACT A. Name of Project: Sunnyvale Park Improvements___ PART 2 REPORT 2.1 SCHEDULE OF PRICES A. The Bidder shall submit a separate copy of this form for each separate schedule of prices listed in the Bid Schedule (Document 00 43 00). The information provided on this form is applicable to the schedule of prices known as 2.2 SUBCONTRACTORS AND SUPPLIERS A. Failure of the Bidder to specify a Subcontractor for any portion of the Work constitutes an agreement by the Bidder that the Bidder is fully qualified to perform that portion, and that Bidder shall perform that portion. Bidder must have the written consent of MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT to substitute for any of the Subcontractors or Suppliers designated below or to employ any Subcontractor or Supplier which is not listed below. B. Bidder will be fully responsible to MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT for the acts and omissions of Subcontractors and Suppliers and of persons either directly or indirectly employed by them, as Bidder is for the acts and omissions of persons employed by Bidder directly. C. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor or Supplier and the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT. Bidder agrees each subcontract with Bidder's Subcontractor will disclaim any third party or direct relationship between MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT and any Subcontractor or Supplier. ---PAGE BREAK--- Subcontractor and Supplier Report 00 43 36 - 2 D. The names and addresses of the Subcontractors who will work under the terms of the Contract Documents and the estimated dollar amount of each subcontract (in excess of 2 percent of the Bid sum) are as follows: Name of Subcontractor Nature and Extent of Work to be Sublet Amount 1. 2. 3. 4. 5. 6. 7. 8. TOTAL $ A supplemental sheet is attached? Yes [ ] No. [ ] E. Suppliers: The names and addresses of the Suppliers who will work under the terms of the Contract Documents and the estimated dollar amount of each subcontract (in excess of 2 percent of the Bid sum) are as follows: ---PAGE BREAK--- Subcontractor and Supplier Report 00 43 36 - 3 Name of Supplier Nature and Extent of Work to be Sublet Amount 1. 2. 3. 4. 5. 6. 7. 8. TOTAL $ A supplemental sheet is attached? Yes [ ] No. [ ] ---PAGE BREAK--- Subcontractor and Supplier Report 00 43 36 - 4 PART 3 EXECUTION 3.1 EFFECTIVE DATE A. Bidder executes this Subcontractor and Supplier report and declares it to be a supplement to the Bid (Document 00 41 00) and in effect as of 3.2 BIDDER'S SUBSCRIPTION A. Bidder's signature: B. Please print Bidder's name here: C. Title of person signing: END OF DOCUMENT ---PAGE BREAK--- Bidder Status Report 00 43 38 - 1 00 43 38 Bidder Status Report PART 1 GENERAL 1.1 BIDDER A. Name and address: B. Telephone number: C. E-mail address: 1.2 CONSTRUCTION CONTRACT A. Name of Project: Sunnyvale Park Improvements B. Project Number: PART 2 REPORT 2.1 BIDDER STATUS REPORT A. Bidder affirms the following information is true and correct. 1. Number of employees: 2. Bidder's firm is: (check the following as applicable) Independently owned and operated. An affiliate of* A subsidiary of* A division of* A business with gross revenue in excess of $ A business with gross revenue below $ * PARENT COMPANY: Name: Address: Telephone Number: ---PAGE BREAK--- Bidder Status Report 00 43 38 - 2 PART 3 EXECUTION 3.1 EFFECTIVE DATE A. Bidder executes this status report and declares it to be a supplement to the Bid (Document 00 41 00) and in effect as of 3.2 BIDDER'S SUBSCRIPTION A. Bidder's Signature: B. Please print Bidder's name here: C. Title of person signing: END OF DOCUMENT ---PAGE BREAK--- Certificate of Non-Collusion 00 45 19 - 1 00 45 19 Certification of Non-Collusion PART 1 GENERAL 1.1 BIDDER A. Name of Project: Sunnyvale Park Improvements B. Project Number: 1.2 AFFIDAVIT State of ) : ss. City of ) The undersigned, being first duly sworn, avers as follows: 1. As a condition precedent to the award by Millcreek of a contract for the construction of the project referenced above, I, (Millcreek Community Development Department)(partner)(officer)(authorized agent) (business name of bidder), do solemnly swear that neither I, nor to the best of my knowledge, any member or members of my firm or company have either directly or indirectly restrained free and competitive bidding on said project by entering into any agreement, participating in any collusion, or otherwise taking any action unauthorized or unlawful under the laws and regulations of the State of Utah or of Millcreek. ---PAGE BREAK--- Certificate of Non-Collusion 00 45 19 - 2 2. Dated this day of BIDDER Subscribed and sworn to before me, a Notary Public in and for said Millcreek and state, this day of Residing in: Commission Expires: END OF DOCUMENT ---PAGE BREAK--- Certificate of Non-Discrimination 00 45 36 - 3 00 45 36 Certificate of Non-Discrimination PART 1 GENERAL 1.1 PROJECT A. Name of Project: Sunnyvale Park Improvements B. Project Number: 1.2 AFFIDAVIT State of ) : ss. City of The undersigned, being first duly sworn, avers as follows: 1. As a condition precedent to the award by Millcreek of a contract for the construction of the project referenced above, I, (Millcreek Community Development Department)(partner)(officer)(authorized agent) of (business name of bidder), do solemnly swear that neither I, nor to the best of my knowledge, any member or members of my firm or company will discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin. 2. I will take affirmative action to assure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. I agree to post in conspicuous place, available to employees and applicants for employment, notices to be provided by Millcreek setting forth the provisions of this certificate. 3. I will, in all solicitations or advertisement for employees placed by or on behalf of myself, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex or national origin. 4. I will send to each labor union or representative of workers with which I have a collective bargaining agreement or other contract or understanding, a notice to be provided by Millcreek advising the labor union or workers' representative of my commitments under this certificate, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. ---PAGE BREAK--- Certificate of Non-Discrimination 00 45 36 - 4 5. In the event of my noncompliance with this certificate or with any nondiscrimination requirements of national, state or local law or regulation, I consent to the termination of the contract for construction of the project referenced above should I and my firm receive award of said contract. 6. DATED this day of BIDDER By: Title: STATE OF UTAH ) : ss MILLCREEK ) Subscribed and sworn to before me, a Notary Public in and for said Millcreek and State, this day of Commission Expires: Residing in END OF DOCUMENT ---PAGE BREAK--- CONTRACT FORMS ---PAGE BREAK--- AGREEMENT FORM ---PAGE BREAK--- Agreement 00 52 00 - 1 Millcreek Contract Standard Form Contract No. 2009-5072 00 52 00 Agreement PART 1 GENERAL 1.1 CONTRACTOR A. Name: B. Address: C. Telephone number: D. Facsimile number: E. E-Mail addresses: 1.2 MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT A. Millcreek, a municipal corporation of the State of Utah, 3330 South 1300 East, Millcreek, Utah 84106. 1.3 CONSTRUCTION CONTRACT A. The Construction Contract is known as Sunnyvale Park Improvements which will include, construction of two fenced in futsal pitches, stormwater management system, lighting system, modifying existing irrigation system, native meadow planting, tree and shrub planting bed preparation, and recovery of lawn areas. Construction will require the demolition of an existing sand volleyball court, clearing and grubbing of existing vegetation, excavation/trenching, and amending existing soils as shown on the plans and as described herein. Work located at approximately 4013 South 700 West, Millcreek, Utah. 1.4 AGREEMENT PERFORMANCE A. The Contractor shall perform everything required to be performed by Contractor in the Contract Documents, shall provide and furnish all labor, tools and equipment, and shall furnish and deliver all materials not specifically stated in the Contract Documents as being furnished by the Millcreek Community Development Department, to complete all the work necessary to complete the Project in Millcreek, State of Utah in the best and most workmanlike manner, and in strict conformity with the provisions of this Agreement. The plans and specifications and the proposals are hereby made a part of the agreement as ---PAGE BREAK--- Agreement 00 52 00 - 2 fully and to the same effect as if the same had been set forth at length in the body of this Agreement. In the event of inconsistencies within or among parts of this Agreement, the Contract Documents or among Contract Documents, this Agreement, and applicable standards, codes, and references to previous versions of the Manual of Standard Specifications or Manual of Standard Plans, the Contractor shall provide the better quality or greater quantity of work; or (ii) comply with the more stringent requirement; either or both in accordance with Landscape Architect’s interpretation. B. It is agreed that the status of the Contractor under this agreement is that of Independent Contractor rather than that of an Employee of the Millcreek Community Development Department. Accordingly, the Contractor, in performance of his obligations hereunder, is independent and free from control of the Millcreek Community Development Department in all that pertains to the execution of the work and shall perform the work according to the Contractor’s own methods without being subject to the rule, control or direction of the Millcreek Community Development Department or its representatives, save and except as to the results obtained. The finished work and the materials furnished must, however, conform strictly to this contract, the proposal, and the plans and specifications, and are subject to the final approval of the Millcreek Community Development Department and its authorized representatives, who may exert such direction and control thereof as may be necessary to achieve that conformity. All provisions in the specifications with respect to the direction and control of the work shall be construed so as to make effective this provision. It is agreed that the status of the Contractor under this agreement is that of Independent Contractor rather than that of an Employee of the Millcreek Community Development Department. Accordingly, the Contractor, in performance of his obligations hereunder, is independent and free from control of the Millcreek Community Development Department in all that pertains to the execution of the work and shall perform the work according to the Contractor’s own methods without being subject to the rule, control or direction of the Millcreek Community Development Department or its representatives, save and except as to the results obtained. The finished work and the materials furnished must, however, conform strictly to this contract, the proposal, and the plans and specifications, and are subject to the final approval of the Millcreek Community Development Department and its authorized representatives, who may exert such direction and control thereof as may be necessary to achieve that conformity. All provisions in the specifications with respect to the direction and control of the work shall be construed so as to make effective this provision. It is agreed that the status of the Contractor under this agreement is that of Independent Contractor rather than that of an Employee of the Millcreek Community Development Department. Accordingly, the Contractor, in performance of his obligations hereunder, is independent and free from control of the Millcreek Community Development Department in all that pertains to the execution of the work and shall perform the work according to the Contractor’s own methods without being subject to the rule, control or direction of the ---PAGE BREAK--- Agreement 00 52 00 - 3 Millcreek Community Development Department or its representatives, save and except as to the results obtained. The finished work and the materials furnished must, however, conform strictly to this contract, the proposal, and the plans and specifications, and are subject to the final approval of the Millcreek Community Development Department and its authorized representatives, who may exert such direction and control thereof as may be necessary to achieve that conformity. All provisions in the specifications with respect to the direction and control of the work shall be construed so as to make effective this provision. It is agreed that the status of the Contractor under this agreement is that of Independent Contractor rather than that of an Employee of the Millcreek Community Development Department. Accordingly, the Contractor, in performance of his obligations hereunder, is independent and free from control of the Millcreek Community Development Department in all that pertains to the execution of the work and shall perform the work according to the Contractor’s own methods without being subject to the rule, control or direction of the Millcreek Community Development Department or its representatives, save and except as to the results obtained. The finished work and the materials furnished must, however, conform strictly to this contract, the proposal, and the plans and specifications, and are subject to the final approval of the Millcreek Community Development Department and its authorized representatives, who may exert such direction and control thereof as may be necessary to achieve that conformity. All provisions in the specifications with respect to the direction and control of the work shall be construed so as to make effective this provision. PART 2 TIME AND MONEY CONSIDERATIONS 2.1 CONTRACT PRICE A. The Contract Price includes the cost of the Work specified in the Contract Documents, and the cost of all bonds, insurance, permits, fees, and all charges, expenses or assessments of whatever kind or character. The Millcreek Community Development Department shall pay the Contractor, as full consideration for the performance of this contract, the contract bid price per item as shown in the proposal, for the quantities of work actually performed and accepted. B. The Contract Price is: C. Dollars ) 2.2 CONTRACT TIME A. The work shall commence on the date set forth in the written Notice to Proceed from the Millcreek Community Development Department or its agent to Contractor and shall be completed and ready for Millcreek Community Development Department’s substantial completion inspection within ---PAGE BREAK--- Agreement 00 52 00 - 4 calendar days from the date of such notice. B. Any time specified in work sequences in the Summary of Work (Section 01 11 10) shall be a part of the Contract Time. 2.3 PUNCH LIST TIME A. The Work will be complete and ready for final payment within 30 calendar days after the date Contractor receives Landscape Architect's Final Inspection Punch List unless exemptions of specific items are granted by Landscape Architect in writing or an exception has been specified in the Contract Documents. B. Permitting the Contractor to continue and finish the Work or any part of the Work after the time fixed for its completion, or after the date to which the time for completion may have been extended, whether or not a new completion date is established, shall in no way operate as a waiver on the part of the Millcreek Community Development Department of any of Millcreek Community Development Department's rights under this Agreement. 2.4 LIQUIDATED DAMAGES A. Late Completion: Time is the essence of the Contract Documents. Contractor agrees that Millcreek Community Development Department will suffer damage or financial loss if the Work is not completed on time or within any time extensions allowed in accordance with Part 12 of the General Conditions (Document 00 72 00). Contractor and Millcreek Community Development Department agree that proof of the exact amount of any such damage or loss is difficult to determine. Accordingly, instead of requiring any such proof of damage or specific financial loss for late completion, Contractor agrees to pay to Millcreek Community Development Department the amount of $1,000 for each calendar day that extends after the Contract Time until the Work is accepted as Substantially Complete as provided in Article 14.5 of the General Conditions. B. Survey Monuments: No land survey monument will be disturbed or moved until Landscape Architect has been properly notified and the Landscape Architect's surveyor has referenced the survey monument for resetting. The parties agree that upon such an unauthorized disturbance it is difficult to determine the damages from such a disturbance, and the parties agree that Contractor will pay as liquidated damages the sum of $1,000 to cover such damage and expense. C. Interruption of Public Services: No interruption of public services shall be caused by Contractor, its agents or employees, without the Landscape ---PAGE BREAK--- Agreement 00 52 00 - 5 Architect's and Millcreek Community Development Department’s prior written approval. Millcreek Community Development Department and Contractor agree that in the event Millcreek Community Development Department suffers damages from such interruption, liquidated damages as stipulated above shall not be deemed to be a limitation upon Millcreek Community Development Department's right to recover the full amount of damages. D. Deduct Damages from Moneys Owed Contractor: Millcreek Community Development Department shall be entitled to deduct and retain liquidated damages out of any money which may be due or become due the Contractor. To the extent that the liquidated damages exceed any amounts that would otherwise be due the Contractor, the Contractor shall be liable for such amounts and shall return such excess to the Millcreek Community Development Department. 2.5 RETAINAGE A. Retainage is Millcreek Community Development Department's Option: Millcreek Community Development Department may, in its sole discretion, retain five percent of the value of all Work done and materials or equipment supplied as part security for the fulfillment of the Construction Contract by the Contractor. If, in Landscape Architect's opinion, the Work is proceeding in accordance with Contractor's approved progress schedule, and all progress schedule submittals are current and up to date, and all required payrolls, Shop Drawings, and miscellaneous submittals are current and up to date, the Millcreek Community Development Department may choose not to withhold retainage. 1. Reducing the Retainage: As the Work nears completion and solely at the Landscape Architect's discretion, the Millcreek Community Development Department may reduce the retainage to an amount more in line with the Work actually remaining. 2. Retainage Held Until Final Payment: The Millcreek Community Development Department reserves the right to retain all amounts previously withheld or due the Contractor, including liquidated damages, until all Punch List items are complete. However, at Landscape Architect's sole option, Landscape Architect may authorize the release of up to all retained amounts except any liquidated damages and double Landscape Architect's best estimate of the Contractor's cost to complete all remaining Punch List items. B. Interest: Except for money retained for items not provided or installed in accordance with the Contract Documents, any money retained by the Millcreek Community Development Department will be placed in an interest-bearing account held by the Millcreek Community Development Department in its Utah State Treasury Pool. The interest accrued thereon shall be the only interest paid ---PAGE BREAK--- Agreement 00 52 00 - 6 to Contractor on the money retained and will be due and payable to the Contractor when the retained monies are paid. 2.6 PAYMENT PROCEDURES A. Progress Payments: Contractor shall submit Applications for Payment in accordance with Part 14 of the General Conditions (Document 00 72 00) and Section 01 29 00 (Payment Procedure). Payment will become due or payable only for items provided or installed by Contractor. If required by the Millcreek Community Development Department, any request or application by the Contractor for a partial payment shall be accompanied and supported by data establishing payment or satisfaction of all Contractor obligations for payroll, bills for materials and equipment, and other indebtedness, with such data establishment to be evidenced by receipts, releases and waivers of lien, arising out of the contract, to the extent and in such form as may be designated as acceptable and satisfactory by the Millcreek Community Development Department. The Millcreek Community Development Department may require such data, including but not limited to, and executed, completed lien waiver and release from all subcontractors, lower-tier subcontractors and suppliers. The submission of these items, if requested by the Millcreek Community Development Department with the Contractor’s application or request for a partial payment shall constitute a condition precedent to the Contractor’s right to any such partial payment, and any particular application or request for partial payment submitted without these items, if so requested by the Millcreek Community Development Department, shall be deemed incomplete. 1. Withholding Payment: Millcreek Community Development Department reserves the right to withhold payment from Contractor for noncompliance with any provision of the Contract Documents. 2. Price Adjustments: Millcreek Community Development Department will consider making partial payment to the Contractor for certain nonconforming work in advance of any negotiated settlement reached between the Contractor and the Millcreek Community Development Department, provided the Contractor requests in writing that this be done. Contractor agrees that any such payments made by the Millcreek Community Development Department are "payments in advance" and that any money which becomes due when the final settlement is negotiated will not constitute payments "withheld" or "retained" under State law. B. Final Payment: After completion of all Work and Punch List items, Millcreek Community Development Department shall pay the Contract Price due after deducting therefrom all previous payments, unit price quantity adjustments, penalties, liquidated damages, and other amounts to be retained. All prior progress payments shall be subject to correction in the final payment. The final ---PAGE BREAK--- Agreement 00 52 00 - 7 payment shall not be due and payable until the expiration of 30 days from approval of the request for final payment of Contractor by Landscape Architect and Millcreek Community Development Department. Final payment, constituting the entire unpaid balance of the contract sum, shall be paid by the Millcreek Community Development Department to the Contractor when the work has been completed, the contract fully performed, and a final certificate for payment has been issued by the Landscape Architect. Neither the final payment nor the remaining retainage shall become due until the Contractor submits to the Millcreek Community Development Department through the Landscape Architect, an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the work for which the Millcreek Community Development Department might in any way be responsible, have been paid or otherwise satisfied, consent of surety to final payment, and if required by the Millcreek Community Development Department, other data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the contract, to the extent and in such form as may be designated by the Millcreek Community Development Department. If after substantial completion of the work, final completion thereof is materially delayed through no fault of the Contractor or by the issuance of change orders affecting final completion, and the Landscape Architect so confirms, the Millcreek Community Development Department shall, upon application by the Contractor and certification by the Landscape Architect and without terminating the contract, make payment of the balance due for that portion of the work fully completed and accepted. If the remaining balance for work not fully completed or corrected is less than the retainage stipulated in the contract documents, and if bonds have been furnished, the written consent of the Surety of the payment of the balance due for that portion of the work fully completed and accepted shall be submitted by the Contractor to the Landscape Architect prior to certification of such payment. Such payment shall be made under the terms and conditions governing payments as heretofore set forth, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of all claims by the Millcreek Community Development Department except those arising from: unsettled liens; faulty or defective work; failure of the work to comply with the requirements of the contract documents; or terms of any special warranties required by the contract documents. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the final application for payment. All provisions of this agreement, including without limitation those establishing obligations and procedures, shall remain in full force and effect notwithstanding the making or acceptance of final payment. 1. Submittal: Final payment shall not be made until the Contractor has delivered and Landscape Architect has accepted all submittals specified in Article 14.8 of the General Conditions (Document 00 72 00). ---PAGE BREAK--- Agreement 00 52 00 - 8 2. Millcreek Community Development Department Released From Claims: The payment and acceptance of the final Contract Price due and the adjustment and payment for any Work done in accordance with any alterations of the same, shall release the Millcreek Community Development Department from any and all claims of Contractor on account of Work performed under the Contract Documents or any Modification thereof, except for those claims specifically agreed to as reserved and unresolved by the Millcreek Community Development Department. 2.7 EXTRA WORK A. No money will be paid to the Contractor for any additions, deletions or revisions in the Work as stipulated in Article 10.1 of the General Conditions (Document 00 72 00), unless a contract Modification for such has been made in writing and validly executed by the Millcreek Community Development Department and Contractor. PART 3 COVENANTS 3.1 ASSIGNMENT NOT BINDING WITHOUT WRITTEN CONSENT A. Millcreek Community Development Department and Contractor agree no assignment of any right or interest in the Contract Documents will be made without the written consent of the Millcreek Community Development Department and the Contractor. No assignment will release or discharge the Millcreek Community Development Department or the Contractor from any duty or responsibility under the Contract Documents unless specifically stated to the contrary in any written consent to an assignment. B. Contractor shall make no assignment of money that is due without the Millcreek Community Development Department's written consent (except to the extent that the effect of this restriction may be limited by Law or Regulation). 3.2 BINDING TERMS A. The Agreement, with all its forms, plans, specifications and stipulations, shall be binding upon the heirs, executors, administrators, successors and assigns of the respective parties. ---PAGE BREAK--- Agreement 00 52 00 - 9 3.3 INDEMNIFICATION A. Provisions concerning indemnification are set forth in Article 6.17 of the General Conditions (Document 00 72 00) as modified by Supplemental Conditions (Document 00 73 00). 3.4 DISPUTE RESOLUTION A. In General: 1. Unless a decision shall be held by an appropriate court of law to have been procured by fraud or to be arbitrary and capricious or so grossly erroneous as necessarily to imply bad faith, any factual decision made under this Article shall be final and binding in any suit or action arising under this Construction Contract, including any actions by Contractor or others against Millcreek Community Development Department or any of Millcreek Community Development Department's agents, consultants, or employees. 2. Compliance with provisions of this Article shall be a condition precedent prior to any legal action by the Contractor or any of Contractor's Subcontractors and Suppliers against Millcreek Community Development Department or any of Millcreek Community Development Department's agents, consultants, or employees. 3. The provisions of this Article shall not preclude or limit judicial review of issues of law. B. Disputes Not Related to the Guarantee of the Work: Any dispute arising under the Construction Contract concerning a question of fact, not related to the guarantee of the Work (Part 13 of the General Conditions (Document 00 72 00)), which is not disposed of by contract Modification shall be decided pursuant to the following procedure. 1. Any decision by Landscape Architect interpreting the requirements of the Contract Documents may be appealed in writing to the Landscape Architect. The Landscape Architect's decision shall be reduced to writing and a copy shall be mailed or otherwise furnished to the Contractor. The decision of Landscape Architect shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to Landscape Architect a written appeal to the Millcreek Community Development Department. 2. Within 15 days from the receipt of any such appeal, the City Administrator shall issue a decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the City Administrator shall be final and conclusive unless, within 15 days from ---PAGE BREAK--- Agreement 00 52 00 - 10 the date of receipt of such decision, the Contractor mails or otherwise furnishes to the City a written appeal to a Dispute Committee. 3. The Dispute Committee shall consist of the Millcreek Community Development Department's Attorney, the Mayor, and an independent Landscape Architect selected by the Millcreek Community Development Department. 4. Said Committee shall have authority to investigate the appeal. 5. The decision of said Committee shall be rendered in writing within 15 days from receipt of the appeal and mailed or otherwise delivered to the Contractor. 6. The decision of said Committee shall be the final binding interpretation of the facts which are the subject of the appeal. A. Disputes Related to the Guarantee: Except as otherwise provided by contract Modification, any dispute concerning a question of fact involving or arising out of the guarantee required by the Contract Documents (Article 13.1 of the General Conditions (Document 00 72 00)), which is not disposed of by contract Modification shall be decided pursuant to the provisions of Paragraph 3.4B above. B. Work During Appeal: Notwithstanding the pendency of any protest or appeal provided above, Contractor shall, if so ordered by Landscape Architect, proceed with the Work under the Contract Documents according to Landscape Architect's direction and according to the decision on any appeal. The existence of a claim or protest shall not excuse Contractor from the requirements of the Contract Documents, including, but not limited to, the Contract Time. C. Appeals of Termination or Suspension: Any decision of Millcreek Community Development Department to terminate or suspend the Work shall not be subject to the provisions of this Article. 3.5 ATTORNEY’S FEES. A. In the event that either party institutes any action or proceeding against the other relating to the breach of any term of this agreement, then the unsuccessful party in such action or proceeding agrees to reimburse the successful party for the reasonable expenses of such action including reasonable attorney fees, incurred therein by the successful party. ---PAGE BREAK--- Agreement 00 52 00 - 11 3.6 CONTRACTOR’S REPRESENTATIONS. The Contractor represents and warrants the following to the Millcreek Community Development Department (in addition to any other representations and warranties contained in the Contract Documents), as an inducement to the Millcreek Community Development Department to execute this Agreement, which representations and warranties shall survive the execution and delivery of this Agreement, any termination of this Agreement, and the final completion of the Work: A. that it and its Subcontractors are financially solvent, able to pay all debts as they mature, and possessed of sufficient working capital to complete the Work and perform all obligations hereunder; B. that it is able to furnish the plant, tools, materials, supplies, equipment, and labor required to complete the Work and perform its obligations hereunder; C. that it is authorized to do business in the State of Utah and properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over it and over the Work and the Project; D. that its duly authorized representative has visited the site of the Project, familiarized himself with the local and special conditions under which the Work is to be performed, and correlated his observations with the requirements of the Contract Documents; and E. that it possesses a high level of experience and expertise in the business administration, construction, construction management, and superintendence of projects of the size, complexity, and nature of this particular Project, and it will perform the Work with the care, skill and diligence of such a contract. The foregoing warranties are in addition to, and not in lieu of, any and all other liability imposed upon the Contractor by law with respect to the Contractor’s duties, obligations, and performance hereunder. The Contractor acknowledges that the Millcreek Community Development Department is relying upon the Contractor’s skill and experience in connection with the work called for hereunder. 3.7 SPECIAL PROVISIONS REGARDING NONFUNDING The Contractor specifically understands and agrees that funds are not presently available for performance of this Agreement beyond the end of Millcreek Community Development Department’s fiscal year, which is June 30, 2020. Each party’s obligation for performance of this Agreement beyond such date is contingent upon funds being budgeted and appropriated for payment with respect to this Agreement. If no such ---PAGE BREAK--- Agreement 00 52 00 - 12 funds or insufficient funds are appropriated and budgeted in any fiscal year, or if there is a reduction in appropriation due to insufficient revenues, resulting in insufficient funds for the payments due or about to become due under this Agreement, then this Agreement shall create no obligation on the parties as to such fiscal years (or any succeeding fiscal year), and all obligations thereunder shall terminate and become null and void on the first day of the fiscal year on which funds were not budgeted or appropriated or in the event of reduction in appropriation on the last day before the reduction became effective (except as those portions of payments herein then agreed upon for which funds are appropriated and budgeted.) Such said termination shall not be construed as a breach of or a default under this Agreement and such termination shall be without penalty, additional payment, or other charges of any kind whatsoever to Contractor and no right of action or damage or other relation shall accrue to the benefit of the Contractor as to this Agreement, or any portion thereof, which may so terminate and become null and void. 3.8 CONTRACT DOCUMENTS. Contract Documents include the Manual of Standard Specifications, 2017 Edition, published by Utah LTAP Center, Utah State University, and Manual of Standard Plans, 2017 Edition, published by Utah LTAP Center, Utah State University, and those documents included in the term “Contract Documents” as defined therein. PART 4 EXECUTION 4.1 EFFECTIVE DATE. A. Millcreek Community Development Department and Contractor executed this Agreement and declared it in effect as of the day of , 2019. IN WITNESS WHEREOF, we have hereunto set our hands on the day and year first above written: ---PAGE BREAK--- Agreement 00 52 00 - 13 MILLCREEK, MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT By Jeff Silvestrini, Mayor Attest: Elyse Greiner, CMC City Recorder Approved as to form: John N. Brems, City Attorney [Contractor] By Its Attest: By END OF DOCUMENT ---PAGE BREAK--- BONDS AND CERTIFICATES ---PAGE BREAK--- Performance Bond 00 61 13.13 - 1 00 61 13.13 Performance Bond PART 1 GENERAL 1.1 BOND A. Number: . B. Amount: dollars 1.2 SURETY A. Name and B. Telephone number: . C. Facsimile number: . 1.3 CONTRACTOR A. Name and address: B. Telephone number: . C. Facsimile number: . 1.4 MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT A. Millcreek, a political subdivision of the State of Utah, 3330 South 1300 East, Millcreek, Utah 84106. 1.5 CONSTRUCTION CONTRACT A. Name of Project: Sunnyvale Park Improvements B. Project Number: _ 1.6 DEFINED TERMS A. Terms used in this performance Bond which are defined in Article 1.01 of the General Conditions (Document 00 72 00) will have the meanings indicated in the General Conditions. ---PAGE BREAK--- Performance Bond 00 61 13.13 - 2 PART 2 COVENANTS 2.1 SURETY'S AND CONTRACTOR'S RELATIONSHIP A. Surety and CONTRACTOR, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT for the performance of the Construction Contract, whether awarded or about to be awarded. B. If CONTRACTOR performs the Construction Contract, the surety and the CONTRACTOR shall have no obligation under this Bond, except to participate in conferences indicated in Article 2.03. 2.2 NOTICE A. Notice to the surety, the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT or the CONTRACTOR shall be sent by certified mail, return receipt requested, or hand delivered to the address shown on this Bond agreement. The date received at the address shown on this agreement shall be the date of actual notice to the surety, the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT, or the CONTRACTOR, however accomplished. 2.3 PROCEDURE TO INVOKE SURETY'S OBLIGATION A. If the CONTRACTOR fails to perform or to comply with the terms of the Construction Contract, and such failure to perform or to comply has not been waived by the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT, the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT may notify the CONTRACTOR and the surety, at their addresses described above, that the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT is considering declaring the CONTRACTOR in default. B. Before declaring the default, the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT must request and attempt to arrange a conference with the CONTRACTOR and the surety to be held at a time and place required by the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT to discuss methods of performing the Work. C. If the CONTRACTOR does not attend the conference and/or provide adequate assurance of intent and ability to perform the Work as required by the Construction Contract, the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT may declare the CONTRACTOR in default and formally terminate the CONTRACTOR's right to complete the Work. Such default shall not be declared earlier than 10 days after the CONTRACTOR and the surety have received actual notice as provided in Paragraph 2.02A. D. If the Contract with the CONTRACTOR is terminated, the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT agrees to pay the unpaid Balance of the Contract Price to the surety for completion of the Work in accordance with ---PAGE BREAK--- Performance Bond 00 61 13.13 - 3 the terms of the Construction Contract or to a contractor selected by the surety to perform the Work in accordance with the terms of the Construction Contract. 2.4 SURETY'S OPTIONS AT CONTRACTOR TERMINATION A. Surety Completes the Work: The surety may undertake to perform and complete the Work itself, through its agents or through independent contractors. B. Surety Obtains Bids or Proposals: The surety may obtain bids or negotiated proposals from qualified contractors acceptable to the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT for a contract for performance and completion of the Work. 1. Such bids or proposals shall be prepared by the surety for execution by the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT and the contractor selected. 2. Surety shall secure the contract with performance and payment Bonds executed by a qualified surety equivalent to this performance Bond and the payment Bond; and 3. Surety shall pay to the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT the amount of damages as described in Paragraph 2.06 in excess of the balance of the Contract Price incurred by the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT resulting from the CONTRACTOR's default. C. Surety to Pay MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT: Surety may determine the amount for which surety believes it may be liable to pay, and tender payment therefor to the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT. MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT has sole discretion to accept payment. If the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT refuses the tendered payment, or the surety has denied liability in whole or in part, the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT shall be entitled without further notice to surety to enforce any remedy available to the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT. 2.5 SURETY'S OBLIGATIONS A. After the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT has terminated the CONTRACTOR's right to complete the Construction Contract, and if the surety elects to complete the Construction Contract as indicated in Article 2.04, then the responsibilities of the surety to the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT shall not be greater than those of the CONTRACTOR under the Construction Contract, and the responsibilities of the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT to the surety shall not be greater than those of the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT under the Construction Contract. B. To the limit of the surety's obligations under this Bond, but subject to commitment by the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT to pay all valid and proper payments made to or on behalf of the CONTRACTOR ---PAGE BREAK--- Performance Bond 00 61 13.13 - 4 under the Construction Contract, the surety is obligated, without duplication, for: 1. the responsibilities of the CONTRACTOR for correction of Defective Work and completion of the Construction Contract; 2. design professional and delay costs resulting from the CONTRACTOR's default, and resulting from the actions or failure to act of the surety under Article 2.04; and 3. liquidated damages which may become due for any reason. 2.6 UNRELATED OBLIGATIONS OF THE CONTRACTOR A. The surety and the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT shall not be liable to others for obligations of the CONTRACTOR that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or changed on account of any such unrelated obligations. B. No right of recovery on this Bond shall accrue to any person or entity other than the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT or its administrators, or successors. 2.7 WAIVER OF NOTICE BY SURETY OF CHANGES A. Surety agrees that no modifications, omissions, or additions in or to the terms of the Construction Contract, including, but not limited to, Contract Price, Contract Time, scope of the Work, the plans or specifications, or to related subcontracts, purchase orders, and other obligations, shall affect the obligations of surety under this Bond. Surety hereby waives notice of any such change or changes. 2.8 VENUE A. Any suit or action commenced by MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT under this Bond shall be brought in a court of competent jurisdiction in the Millcreek, State of Utah. 2.9 TIME LIMIT FOR SUITS ON BOND A. No suit or action by MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT to recover on this Bond may be sustained unless it shall be commenced within 2 years of the date of Substantial Completion. ---PAGE BREAK--- Performance Bond 00 61 13.13 - 5 PART 3 EXECUTION 3.1 EFFECTIVE DATE A. Surety and CONTRACTOR execute this Bond agreement and declared it to be in effect as of the day 20 3.2 CONTRACTOR'S SUBSCRIPTION AND ACKNOWLEDGMENT A. Type of organization: (corporation, partnership, individual, etc.) B. If CONTRACTOR is a corporation, attach a corporate resolution evidencing CONTRACTOR's authority to sign. C. CONTRACTOR's signature: D. Please print name here: E. Title of person signing: F. Corporate Acknowledgement: In Millcreek of State of on the day of , 20 , personally appeared before me and who, being by me duly sworn did say that they are the and of a (state) corporation, and that the foregoing instrument was signed in behalf of said corporation by authority of a resolution of its board of directors; and said persons acknowledged to me that said corporation executed the same. NOTARY PUBLIC Commission Expires: Residing in: G. Partnership Acknowledgement: In Millcreek of , State of on the day of personally appeared before me who, being by me duly sworn on oath did say that a partner in partnership and that the foregoing instrument was signed pursuant to authorization of the partnership. ---PAGE BREAK--- Performance Bond 00 61 13.13 - 6 NOTARY PUBLIC Commission Expires: Residing in: H. Business Name Acknowledgement: In Millcreek of State of on the day of personally appeared before me who, being by me duly sworn did say that the foregoing instrument was signed with proper authority on behalf of dba NOTARY PUBLIC Commission Expires: Residing in: I. Individual Acknowledgement: In Millcreek of State of on the day of , 20 , personally appeared before me the signer of the foregoing instrument, who duly acknowledged to me that he/she executed the same. NOTARY PUBLIC Commission expires: Residing in: ---PAGE BREAK--- Performance Bond 00 61 13.13 - 7 3.3 SURETY'S SUBSCRIPTION AND ACKNOWLEDGMENT A. Attach evidence of surety's corporate authority to sign. B. Surety's signature: C. Please print name here: D. Title of person signing: E. Acknowledgment: In Millcreek of , State of on this of 20 , before me, the undersigned notary, personally appeared who proved to me his/her identity through documentary evidence in the form of a be the person whose name is signed as the authorized surety, and acknowledged to me that this document was signed voluntarily for its stated purpose. NOTARY PUBLIC Commission expires: Residing in: END OF DOCUMENT ---PAGE BREAK--- Payment Bond 00 61 13.16 - 1 00 61 13.16 Payment Bond PART 1 GENERAL 1.1 BOND A. Number: B. Amount: dollars ) 1.2 SURETY A. Name and address: B. Telephone number: C. Facsimile number: 1.3 CONTRACTOR A. Name and address: B. Telephone number: C. Facsimile number: 1.4 MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT A. Millcreek, a political subdivision of the State of Utah, 3330 South 1300 East, Millcreek, Utah 84106. 1.5 CONSTRUCTION CONTRACT A. Name of Project: Sunnyvale Park Improvements B. Project Number: ---PAGE BREAK--- Payment Bond 00 61 13.16 - 2 1.6 DEFINED TERMS A. Terms used in this payment Bond which are defined in Article 1.01 of the General Conditions (Document 00 72 00) will have the meanings indicated in the General Conditions. PART 2 COVENANTS 2.1 SURETY AND CONTRACTOR RELATIONSHIP A. Surety and CONTRACTOR, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT for the performance of the Construction Contract, whether awarded or about to be awarded. B. If CONTRACTOR performs the Construction Contract, the surety and the CONTRACTOR shall have no obligation under this Bond. C. The premium charged CONTRACTOR by surety for this Bond is $ for its term. 2.2 NOTICE A. Notice to the surety, the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT or the CONTRACTOR shall be sent by certified mail, return receipt requested, or hand delivered to the address shown on this Bond agreement. The date received at the address shown on the agreement shall be the date of actual notice to the surety, the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT or the CONTRACTOR, however accomplished. 2.3 CONDITIONS OF SURETY'S LIABILITY A. This Bond is executed in accordance with and for the purpose of complying with the laws of the State of Utah, and shall inure to the benefit of any and all persons who perform labor or furnish materials to be used in or for the Work described in the Construction Contract. B. With respect to the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT, this Bond agreement shall be null and void if the CONTRACTOR or surety takes the following actions: 1. makes payment, directly or indirectly, for all sums due Claimants, and 2. Defends, indemnifies and saves harmless the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Work, provided the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT has tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the surety. ---PAGE BREAK--- Payment Bond 00 61 13.16 - 3 2.4 SURETY'S OPTION TO SETTLE CLAIMS A. When a Claimant has submitted a claim against MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT or surety under this Bond, the surety shall and at the surety's expense take the following actions. 1. Send an answer to the Claimant, with a copy to the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 2. Pay or arrange for payment of any undisputed amounts. 2.5 USE OF FUNDS A. Amounts owed by MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT to CONTRACTOR under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, against the Performance Bond (Document 00 61 13.13) By the CONTRACTOR furnishing and the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Work are dedicated as follows: 1. The MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT has first priority to use the funds for the completion of the Work. 2. The CONTRACTOR and the surety have second priority to use the funds to satisfy the obligations of the CONTRACTOR and the surety under this Bond. 2.6 UNRELATED OBLIGATIONS OF THE CONTRACTOR A. The surety and the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT shall not be liable to Claimants or others for obligations of the CONTRACTOR that are unrelated to the Construction Contract. B. The MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT shall not be liable for payment of any damages, costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 2.7 WAIVER OF NOTICE BY SURETY OF CHANGES A. Surety agrees that no modifications, omissions, or additions in or to the terms of the Construction Contract, including, but not limited to, Contract Price, Contract Time, scope of the Work, the plans of specifications, or to related subcontracts, purchase orders, and other obligations, shall affect the obligations of surety under this Bond. Surety hereby waives notice of any such change or changes. 2.8 VENUE AND CHOICE OF LAW A. Any suit or action commenced by a Claimant under this Bond shall be for action in a court of competent jurisdiction in the Millcreek, State of Utah. ---PAGE BREAK--- Payment Bond 00 61 13.16 - 4 B. The terms and conditions of this Bond shall be construed under, and enforced according to the laws of the State of Utah. 2.9 TIME LIMIT FOR SUITS ON BOND A. No suit or action by MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT to recover on this Bond may be sustained unless it shall be commenced within 2 years of the date of Substantial Completion. 2.10 COPIES OF THIS BOND A. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR or MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT shall furnish a copy of this Bond or shall permit a copy to be made. PART 3 EXECUTION 3.1 EFFECTIVE DATE A. Surety and CONTRACTOR executed this Bond agreement and declared it to be in effect as of the day of , 20 . 3.2 CONTRACTOR'S SUBSCRIPTION AND ACKNOWLEDGMENT A. Type of organization: (corporation, partnership, individual, etc.) B. Attach a corporate resolution evidencing CONTRACTOR's authority to sign. C. CONTRACTOR's signature: D. Please print name here: E. Title: F. Corporate Acknowledgement: In Millcreek of State of on the day of , 20 , personally appeared before me and who, being by me duly sworn did say that they are the and of a (state)________________corporation, and that the foregoing instrument was signed in behalf of said corporation by authority of a resolution of its board of directors; and said persons acknowledged to me that said corporation executed the same. NOTARY PUBLIC ---PAGE BREAK--- Payment Bond 00 61 13.16 - 5 Commission expires: Residing in: G. Partnership Acknowledgement: In Millcreek of State of on the day of , 20 , personally appeared before me who, being by me duly sworn on oath did say that a partner in and that the foregoing instrument was signed pursuant to authorization of the partnership. NOTARY PUBLIC Commission expires: Residing in: H. Business Name Acknowledgement: In Millcreek of State of on the day of , 20 , personally appeared before me who, being by me duly sworn did say that the foregoing instrument was signed with proper authority on behalf of dba NOTARY PUBLIC Commission expires: Residing in: I. Individual Acknowledgement: In Millcreek of State of on the day of 20 , personally appeared before me the signer of the foregoing instrument, who duly acknowledged to me that he/she executed the same. NOTARY PUBLIC ---PAGE BREAK--- Payment Bond 00 61 13.16 - 6 Commission expires: Residing in: 3.3 SURETY'S SUBSCRIPTION AND ACKNOWLEDGMENT A. Attach evidence of surety's corporate authority to sign. B. Surety's signature: C. Please print name here: D. Title of Person Signing: E. Acknowledgment: In Millcreek State of on this day of 20 , before me, the undersigned notary, personally appeared , who proved to me his/her identity through documentary evidence in the form of a be the person whose name is signed as the authorized surety and acknowledged to me that this document was signed voluntarily for its stated purpose. NOTARY PUBLIC Commission expires: Residing in: END OF DOCUMENT ---PAGE BREAK--- Certificate(s) of Insurance 00 62 16 - 1 00 62 16 Certificate(s) of Insurance PART 4 GENERAL 1.1 PROCEDURE A. For filing purposes, add Certificates of Insurance to the Contract Documents following this page. END OF DOCUMENT ---PAGE BREAK--- CONDITIONS OF THE CONTRACT ---PAGE BREAK--- Supplemental General Conditions 00 73 00 - 1 SUPPLEMENTARY CONDITIONS ---PAGE BREAK--- Supplemental General Conditions 00 73 00 - 1 00 73 00 Supplemental General Conditions The following supplements modify, change, delete from, and add to the Agreement between Millcreek Community Development Department and Contractor. Where any portion of the Agreement between Millcreek Community Development Department and Contractor is modified or any paragraph, subparagraph, or clause is modified or deleted by these supplements or conditions, the unaltered provisions shall remain in effect. PART 1 GENERAL Add the following new subparagraph 1.1 A.61 Knowledge and Associated Terms: The terms “knowledge,” “known,” “recognize,” and “discovered” their respective directives and similar terms in the Contract Documents as used in reference to the Contractor, shall be interpreted to mean that which the Contractor knew (or should have known), recognized (or should have recognized), and discovered (or should discover) in exercising the care, skill, and diligence required by the Contract Documents. Analogously, the expressions reasonably inferable on similar terms in the Contract Documents shall be interpreted to mean reasonably inferable by the Contractor familiar with the project in exercising the care, skill, and diligence required of the Contractor by the Contract Documents. PART 2 PRELIMINARY MATTERS Replace paragraph 2.2 with the following: Millcreek Community Development Department shall not furnish to Contractor copies of published Contract Documents such as the Manual of Standard Plans and Manual of Standard Specifications. Such documents may be purchased separately by Contractor. Millcreek Community Development Department may furnish to Contractor up to five copies of the Contract Documents (specifically excluding the published Contract Documents described above). Additional copies may be purchased from Landscape Architect. Replace subparagraph 2.5 C with the following: Field Office. Contractor is not required to establish and maintain a field office in such a location so that Landscape Architect may contact Contractor during reasonable times for transmittal of Plans, instructions, and determinations of project information. Contractor shall designate two representatives who are acceptable to Millcreek Community Development Department and Landscape Architect, who is available at all times by cellular phone for instructions and determination of project information. PART 5 BONDS AND INSURANCE Replace5.1 A with the following: A. Prior to or contemporaneously with Millcreek Community Development Department’s executing the Agreement, Contractor shall file with the Millcreek Community Development Department a good and sufficient performance Bond ---PAGE BREAK--- Supplemental General Conditions 00 73 00 - 2 and a payment Bond that meets all statutory requirements of the State of Utah in the amount of the Contract Price and all subsequent increases. B. The payment Bond and performance Bond shall be substantively in the form attached hereto (Documents 00 61 00 and 00 62 00) and shall be executed by the Contractor and secured by a company that is acceptable to Millcreek Community Development Department and Landscape Architect and regularly authorized to do a general surety business in the State of Utah and named in the current list of Companies holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies as published in current Circular 570 (amended ) by the Audit Staff Bureau of Accounts, U.S. Treasury Department, with an underwriting limitation equal to or greater than the Contract Price which the Bond guarantees or with a current rating or better in A.M. Best Co., Best Insurance Reports, Property and Casualty Edition. C. The performance Bond and payment Bond shall guarantee the faithful performance of the Work and payment of all labor and materials. They shall inure by their terms to the benefit of the Millcreek Community Development Department. Neither this nor any other provision requiring the performance Bond and payment Bond shall be construed to create any rights in any third-party Claimant as against the Millcreek Community Development Department for performance of the Work under the Construction Contract. Replace 5.2 A with the following: A. The Contractor shall, for the protection and benefit of the Indemnitees and the Contractor and as part of the Contractor’s efforts to satisfy the obligations set forth herein, procure, pay for, and maintain in full force and effect, at all times during the performance of the Work until final acceptance of the Work or for such duration as required, policies of insurance issued by a responsible carrier or carriers acceptable to the Millcreek Community Development Department, and in form and substance reasonably satisfactory to the Millcreek Community Development Department, which afford the following coverages: 1. Comprehensive General and Automobile Liability Insurance, including completed operations, blanket contractual and broad form property damage coverage, with the following minimum limits: Personal Injury Liability $2,000,000 each occurrence Property Damage Liability $1,000,000 each occurrence; $2,000,000 aggregate Worker’s Compensation as required by Utah statute 2. All such insurance shall be written on an occurrence basis. Information concerning reduction of coverage shall be furnished by the Contractor 3. All policies and Certificates of Insurance shall expressly provide that no less than thirty (30) days’ prior written notice shall be given the Millcreek Community ---PAGE BREAK--- Supplemental General Conditions 00 73 00 - 3 Development Department in the event of material alteration, cancellation, nonrenewal, or expiration of the coverage contained in such policy or evidenced by such certified copy or Certificate of Insurance. 4. In no event shall any failure of the Millcreek Community Development Department to receive certified copies or certificates of policies as provided herein be construed as a waiver by the Millcreek Community Development Department or the Landscape Architect of the Contractor’s obligations to obtain insurance pursuant to the provision hereof. The obligation to procure and maintain any insurance required herein is a separate responsibility of the Contractor and independent of the duty to furnish a certified copy or certificate of such insurance policies. 5. When any required insurance, due to the attainment of a normal expiration date or renewal date, shall expire, the Contractor shall supply the Millcreek Community Development Department with Certificates of Insurance and amendatory riders or endorsements that clearly evidence the continuation of all coverage in the same manner, limits of protection, and scope of coverage as was provided by the previous policy. In the event any renewal or replacement policy, for whatever reason obtained or required, is written by a carrier other than that with whom the coverage was previously placed, or the subsequent policy differs in any way from the previous policy, the Contractor shall also furnish the Millcreek Community Development Department with a certified copy of the renewal or replacement policy unless the Millcreek Community Development Department provides the Contractor with prior written consent to submit only a Certificate of Insurance for any such policy. All renewal and replacement policies shall be in form and substance satisfactory to the Millcreek Community Development Department and written by carriers acceptable to the Millcreek Community Development Department. 6. The Contractor shall cause each Subcontractor to procure insurance reasonably satisfactory to the Millcreek Community Development Department and (ii) name the Indemnitees as additional insureds under the Subcontractor’s comprehensive general liability policy. The additional insured endorsement included on the Subcontractor’s comprehensive general liability policy shall state that coverage is afforded the additional insureds with respect to claims arising out of operations performed by or on behalf of the Contractor. If the additional insureds have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability under this insurance policy shall not be reduced by the existence of such other insurance. PART 6 CONTRACTOR’S RESPONSIBILITIES Add the following new subparagraph 6.8 C: Contractor shall insure strict compliance with the requirements of UTAH CODE ANN. § 34-30-1 through 14 and § 34-30-1. Further, if the provisions of UTAH CODE ANN. § 34-30-1 are not complied with, this Agreement shall be void. ---PAGE BREAK--- Supplemental General Conditions 00 73 00 - 4 Replace the first sentence of paragraph 6.14 B with the following: Shop Drawings. Contractor shall submit shop drawings to Landscape Architect for review and approval in accordance with the acceptable schedule of submissions (see paragraph 2.7 Add the following after the word “agents” in the second line of paragraph 6.17 A: elected officials, appointed officials, officers, volunteers. Add the following after the word “agent” in the second line of paragraph 6.17 B: elected officials, appointed officials, officers, volunteers. ---PAGE BREAK--- Political Contribution Notice 00 73 76 - 1 00 73 76 Political Contribution Notice PART 1 GENERAL 1.1 NOTICE TO ALL BIDDERS, VENDORS, CONSULTANTS, AND CONTRACTORS REGARDING CAMPAIGN CONTRIBUTIONS: A. Campaign Contributions Ordinance: Millcreek campaign contributions ordinance prohibits a “contractor” who enters into a contract with Millcreek from making campaign contributions to candidates for Millcreek offices. For purposes of the campaign finance disclosure ordinance, a “contractor” is defined as “any person, business, corporation, or other entity that executes a written agreement with Millcreek for the acquisition or management of goods, services, or property, or the disposal of surplus goods, whether personal, real, or intangible, including all amendments, extensions, or addendums to the existing contract.” B. Limitation on Contributions by Contractors: Any person, business, corporation or other entity that is a contractor with Millcreek is prohibited from making a total of contributions that exceed $100.00 to any candidate for Millcreek office during the term of the contract and during a single election cycle as defined in the ordinance. For purposes of the ordinance, a person or entity shall be considered a contractor and doing business with Millcreek if it is engaged in any contract with Millcreek on the date of the contribution or it has contracted with Millcreek at any time during a one-year period prior to the date of the contribution. Any person, business, corporation or other entity making contributions of $100.00 or more to any Millcreek candidate shall be prohibited from entering into a contract for at least one year after the date the contribution was made. This limitation on campaign contributions applies only to contracts in excess of $10,000 and does not apply to contracts entered into by Millcreek pursuant to existing statewide contracts, small cost purchases, and expedited contracts when Millcreek Council waives the requirements of the campaign finance disclosure ordinance as to that particular expedited contract. C. Penalties: Failure to comply with the Campaign Contributions Ordinance may result in the following penalty: 1. If a contribution or contributions are received from a “contractor” and without a candidate’s knowledge of a violation of Millcreek’s campaign finance disclosure ordinance, the candidate may return the contribution without penalty if the contribution is returned within ten (10) days after the candidate knows of the violation, by way of notification from Millcreek’s Clerk. 2. If any contribution is made in violation of the prohibition on contributions by contractors, any existing Millcreek contract with the contractor may be voided, at the discretion of Millcreek mayor or council. Any contractor who knowingly makes a contribution or contributions in violation of this provision shall be guilty of a class B misdemeanor. ---PAGE BREAK--- Political Contribution Notice 00 73 76 - 2 3. If any contribution is made in violation of the prohibition on contributions by contractors, the official to whom that contribution is made must return the contribution. Any elected official who knowingly takes a contribution or contributions in violation of the campaign finance disclosure ordinance and does not return the contribution will be guilty of a class B misdemeanor. END OF DOCUMENT ---PAGE BREAK--- Environmental Compliance Practices 00 73 79 - 1 00 73 79 Environmental Compliance Practices PART 1 GENERAL 1.1 Bidder/Vendor/Contractor Compliance Statement and Non-Debarment Certification A. In compliance with Executive Order #2006-1, Millcreek has implemented environmentally responsible procurement practices. Millcreek requires all persons, businesses, corporations and other entities doing business or entering into a contract with Millcreek to comply with all federal, state and local environmental laws, rules and regulations. Compliance with environmental laws, rules and regulations is a relevant factor in evaluating the integrity and responsibility of a business. Millcreek, in its sole discretion, may not solicit proposals from, award contracts to, procure, or otherwise enter into business arrangements with any person, business, corporation or other organization that is non-compliant. If a bidder, vendor or contractor is: suspended, proposed for debarment, debarred, ineligible or excluded from contracting with another government entity due to environmental non-compliance, Millcreek in its sole discretion, may deem the bidder, vendor or contractor non-responsible and decline to award a contract. B. Based on the foregoing, the bidder/vendor/contractor certifies through the act of submitting its bid, that, to the best of its knowledge, neither the bidder/vendor/contractor nor any Millcreek Community Development Department, officer or agent of the bidder/vendor/contractor: 1. is presently debarred, suspended, proposed for debarment, declared ineligible, or excluded from the award of a contract or purchase by any federal, state or local agency based on a finding, determination, notice of violation or order of environmental non-compliance; 2. is presently indicted or charged by a government entity in a criminal, civil or administrative proceeding with the commission of any offense, violation, or failure to comply with any federal, state, or local environmental law, rule or regulation, indicating a lack of business integrity or business honesty affecting its responsibility as a Millcreek contractor; 3. has, within the last three years, been convicted, or had a civil judgment or administrative order rendered against it for any offense or violation, including but not limited to environmental non-compliance, indicating a lack of business integrity or business honesty affecting its responsibility as a Millcreek contractor; 4. has, within the last three years, had a contract/purchase terminated due to an act or omission, including but not limited to environmental non-compliance, demonstrating a lack of business integrity or business honesty affecting its responsibility as a Millcreek contractor. ---PAGE BREAK--- Environmental Compliance Practices 00 73 79 - 2 C. Bidder/vendor/contractor shall require any subcontractor/supplier to disclose in writing, whether at the time of the award of the subcontract, the subcontractor complies with the certification requirements in subparagraphs B.1, B.2, B.3 and B.4 above. D. Bidder/vendor/contractor shall immediately notify Millcreek in writing if, at any time before the award, the bidder/vendor/contractor learns that its certification was erroneous when submitted or has since become erroneous because of changed circumstances. E. If it is later determined that bidder/vendor/contractor knowingly rendered an erroneous certification under this provision, in addition to other available remedies, Millcreek in its sole discretion, may terminate the contract/purchase for default. END OF DOCUMENT ---PAGE BREAK--- ADDENDA AND MODIFICATIONS ---PAGE BREAK--- Political Contribution Notice 00 73 76 - 1 00 73 03 Modifications to General Conditions (Supplementary Conditions) NOTE: Reference to APWA Standard Specifications or Project Manual documents may be designated with or without a leading i.e., 2.04B or 2.4B; however, the reference shall be interpreted as the same. Article 2.4 of the General Conditions (Document 00 72 00) is hereby repealed and the following is substituted in its place: 2.4 STARTING THE WORK A. In General: CONTRACTOR shall start to perform the Work on the date when the time for the contract commences to run. Except as indicated in Paragraph 2.04B, no work shall be done at the site prior to the date on which the time commences to run or before delivery to LANDSCAPE ARCHITECT of such submittal as required in Paragraph 2.05B. B. Starting work prior to Execution of Construction Contract or Prior to Notice to Proceed: 1. MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT shall not be liable to the CONTRACTOR for any compensation or time extensions, for any delays, hindrances, or interferences which may result from CONTRAC- TOR's early start without permission, and such early start work shall be considered done at CONTRACTOR's expense and risk as a volunteer, unless said early start work is inspected and approved in writing by the LANDSCAPE ARCHITECT. 2. Should CONTRACTOR desire to proceed with on-site work, materials purchasing, or any other work item prior to receiving notice that the Construction Contract has been executed or prior to receiving Notice to Proceed, CONTRACTOR shall, give LANDSCAPE ARCHITECT written notice, at least 48 hours in advance of intended start time, and receive from LANDSCAPE ARCHITECT written notice that the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT's attorney or MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT attorney's designee has approved the Contract Documents as to form. 3. CONTRACTOR shall take all precautions required to comply with applicable Laws and Regulations and observe all provisions in the Contract Documents. 4. CONTRACTOR shall secure all permits prior to beginning work covered by said permits. 5. In the event of disapproval of the Construction Contract, CONTRACTOR shall do such work as is necessary to leave the premises in a clean and level condition. If any existing roadway or other public or private property was affected, CONTRACTOR shall restore it to its former condition or the equivalent thereof. All such work shall be done to the satisfaction of the LANDSCAPE ARCHITECT at the full expense of the CONTRACTOR. ---PAGE BREAK--- Political Contribution Notice 00 73 76 - 2 END OF DOCUMENT ---PAGE BREAK--- Addenda and Modifications 00 91 13 - 1 00 91 13 Addenda and Modifications PART 1 GENERAL 1.1 PROCEDURE A. For filing purposes, all Addenda and Modifications to the Contract Documents follow this page. END OF DOCUMENT ---PAGE BREAK--- GENERAL REQUIREMENTS ---PAGE BREAK--- DIVISION 01 – GENERAL REQUIREMENTS ---PAGE BREAK--- General Requirements 1 DIVISION 01 - GENERAL REQUIREMENTS 01 11 00 Summary of Work 2 01 31 13 Coordination 1 01 33 00 Submittal Procedure 5 01 55 26 Traffic Control 1 SUPPLEMENTARY SPECIFICIATIONS 323300 SITE FURNISHINGS 3 328400 PLANTING IRRIGATION 7 329113 SOIL PREPARATION 3 31100 SITE CLEARING 6 329200 TURF AND GRASSES 8 329300 PLANTS 6 323113 CHAIN LINK FENCES AND GATES 9 321823 FUTSAL PITCH COATING ---PAGE BREAK--- General Requirements 2 01 11 00 Summary of Work PART 2 GENERAL 2.2 DESCRIPTION A. The work to be performed under this project shall consist of furnishing all labor, materials, and equipment necessary to complete the work in all respects as shown on the plans and as herein specified. All work, materials and services not expressly shown or called for in good faith shall be performed, furnished, and installed by the CONTRACTOR as though originally specified or shown, at no cost to the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT. 2.3 WORK COVERED BY CONTRACT DOCUMENTS A. The work described in this Construction Contract comprises, but is not limited to: Construction of two fenced in futsal pitches, stormwater management system, lighting system, modifying existing irrigation system, native meadow planting, tree and shrub planting bed preparation, and recovery of lawn areas. Construction will require the demolition of an existing sand volleyball court, clearing and grubbing of existing vegetation, excavation/trenching, and amending existing soils as shown on the plans and as described herein. Work located at approximately 4013 South 700 West, Millcreek, Utah. B. The above description is intended to give a general definition of the scope of the work under these specifications, and shall not be construed to be an itemized listing of each element of work required. The contractor shall be responsible for the complete facilities conforming in all respects to the details and requirements of the specifications, drawings, and other contract documents. 2.4 CONTRACT METHOD A. Construct the Work under a single unit price contract. 2.5 WORK SEQUENCE A. The progress schedule shall be submitted and approved by the Landscape Architect before work begins. B. Liquidated Damages: Article 00500-2.05. 2.6 CONTRACTOR USE OF PROJECT SITE A. The CONTRACTOR’S use of the project site shall be limited to its construction operations, including on-site storage of materials, on-site fabrication facilities, and field offices. B. The CONRACTOR shall obtain and pay for use of additional storage or work areas needed for operations under this Construction Contract. ---PAGE BREAK--- General Requirements 3 C. The major portion of the project will occur adjacent to public roadways. The CONRACTOR shall be responsible to provide appropriate traffic and pedestrian control measures as required by these specifications and all other local laws and ordinances. 2.7 PROJECT SECURITY A. The CONTRACTOR shall make adequate provisions, subject to the approval of the MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT, to protect the project and CONTRACTOR’S facilities from fire, theft, and vandalism, and the public from unnecessary exposure to injury. 2.8 CHANGES IN WORK A. It is mutually understood that it is inherent in the nature of construction that some changes in the plans and specifications may be necessary during the course of construction to adjust them to field conditions, and that it is of the essence of the Contract to recognize a normal and expected margin of change. The LANDSCAPE ARCHITECT shall have the right to make such changes, from time to time in the plans, in the character of the work, and in the scope of the project as may be necessary or desirable to ensure the completion of the work in the most satisfactory manner without invalidating the Contract. END OF DOCUMENT ---PAGE BREAK--- Modifications to Coordination 01 31 13-1 01 31 13 Modification to Coordination This specification changes a portion of the APWA Standard Specification Section 01 31 13. All other provisions of the Section remain in full force and effect. 1.2 COORDINATING WITH THE LANDSCAPE ARCHITECT A. Construction of the Sunnyvale Park improvements will occur within Millcreek City property and Millcreek City obtained easements. 1.3 COORDINATING WITH PUBLIC AND PRIVATE AGENCIES A. Utilities and Agencies affected: a. See sheet 3 of the plan set for utilities and contact information. B. Irrigation services shall remain uninterrupted from April 1 to October 15. CONTRACTOR shall coordinate all construction activities that may affect irrigation services. CONTRACTOR shall provide Millcreek City with at least 20 days notice prior to beginning construction activities. 1.8 COORDINATION OF PROJECT SCHEDULES A. The minimization of disturbances to adjacent property Millcreek Community Development Departments during construction is of the highest importance on this project. CONTRACTOR shall coordinate construction of the various reaches of the project so as to minimize impact to adjacent property Millcreek Community Development Departments. B. CONTRACTOR may begin construction during winter months, but shall not pour concrete areas before April 15 or after October 15, unless temperatures fall within acceptable range or have acceptable temperature mitigation methods, which must be approved by LANDSCAPE ARCHITECT. END OF SECTION ---PAGE BREAK--- Submittal Procedure 01 33 00 - 1 01 33 00 Submittal Procedure This specification changes a portion of APWA Standard Specification Section 01 33 00. All other provisions of the Section remain in full force and effect. Add the following: 1.8 TRANSMITTAL FORM A. Use the attached transmittal form (Form 01330-1) when making any submittal to the LANDSCAPE ARCHITECT. B. Determine appropriate review due dates for each submittal and submit to Landscape Architect 1.9 SUBMITTAL REGISTER A. The Manual of Standard Specifications and this Project Manual indicate submittals which are required for the Project. Using both of these publications, list the required submittals on the attached submittal register form (Form 01330-2) [Blank Submittal Register forms will be furnished by LANDSCAPE ARCHITECT on request]. B. Identify the submittals which require the LANDSCAPE ARCHITECT's review or action (see article 1.11) C. Submit the submittal register as the first submittal presented for review. 1.10 SUBMITTALS FOR INFORMATION ONLY A. Submittals identified in the Manual of Standard Specifications or in the Project Manual which are not identified in this section are for information only and do not require review or action by LANDSCAPE ARCHITECT or Resident Project Representative. Such submittals, however, will be monitored and spot checked. When spot checks indicate non-compliance, CONTRACTOR will be notified. ---PAGE BREAK--- Submittal Procedure 01 33 00 - 1 1.11 SUBMITTALS REQUIRING REVIEW OR ACTION Use the general and supplemental requirements to identify CONTRACTOR’s need for submittals to LANDSCAPE ARCHITECT for review. NOTES: Section references not found in the Project Manual may be found in the APWA Standard Specifications. END OF SECTION ---PAGE BREAK--- ---PAGE BREAK--- TRANSMITTAL FORM DATE: [ ] NEW SUBMITTAL [ ] RESUBMITTAL REQUEST FOR APPROVAL OF THE FOLLOWING ITEMS (This section will be initiated by the CONTRACTOR) TO FROM TRANSMITTAL No. PREVIOUS TRANSMITTAL No. SPECIFICATION SECTION NUMBER (See instructions) CONTRACT TITLE CONTRACT No. SUBMITTAL ITEM No. DESCRIPTION OF ITEM SUBMITTED (Type, size, model number, etc.) SAMPLE OR CER- TIFICATE (See instructions) NO. OF COPIES CONTRACT REFERENCE DOCUMENT VARIATION (See instruc- tions) LANDSCAPE ARCHITECT REVIEW CODE (See instruc- tions) SPEC. PARA. No. DRAWING SHEET No. a. b. c. d. e. f. g. h. REMARKS I certify that the above submitted items have been reviewed in detail and are correct and conform with the contract Drawings and specifications except as otherwise noted. NAME AND SIGNATURE OF CONTRACTOR Section II MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT'S ACTION This section will be completed by the LANDSCAPE ARCHITECT) ENCLOSURES RETURNED (List by Item No.) SIGNATURE OF REVIEWING AGENT DATE ---PAGE BREAK--- TRANSMITTAL FORM DATE: [ ] NEW SUBMITTAL [ ] RESUBMITTAL REQUEST FOR APPROVAL OF THE FOLLOWING ITEMS (This section will be initiated by the CONTRACTOR) TO FROM TRANSMITTAL No. PREVIOUS TRANSMITTAL No. SPECIFICATION SECTION NUMBER (See instructions) CONTRACT TITLE CONTRACT No. SUBMITTAL ITEM No. DESCRIPTION OF ITEM SUBMITTED (Type, size, model number, etc.) SAMPLE OR CER- TIFICATE (See instructions) NO. OF COPIES CONTRACT REFERENCE DOCUMENT VARIATION (See instruc- tions) LANDSCAPE ARCHITECT REVIEW CODE (See instruc- tions) SPEC. PARA. No. DRAWING SHEET No. a. b. c. d. e. f. g. h. FORM 013301 (Read Instructions on the reverse side prior to initiating this form) ---PAGE BREAK--- INSTRUCTIONS GENERAL 1. Form is self-transmittal. Letter of transmittal is not required. 2. Submittals requiring expeditious handling will be submitted individually on this Form. 3. LANDSCAPE ARCHITECT's review of submittals does not release or relieve CONTRACTOR from complying with all requirements of the Contract Documents. SECTION I 1. TRANSMITTAL No: Number each transmittal consecutively in the space entitled "Transmittal No.". This number will identify each submittal. 2. PREVIOUS TRANSMITTAL No: Mark the box for resubmittal and insert the transmittal number of last submission as well as the new submittal number in the spaces provided. Each resubmittal will become a new transmittal. 3. SPECIFICATION SECTION No.: Cover only one specification section with each transmittal. 4. Column For each entry on this form, the "SUBMITTAL ITEM No." will be section number followed by the subcategory of required submission. 5. Column When a sample of material or Manufacturer's Certificate of Compliance is transmitted, indicate "Sample" or "Certificate". 6. Column CONTRACTOR will place a check mark in the "Variation" column when a submittal is not in accordance with the plans and specifications - also, a written statement to that effect shall be included in the space provided for "Remarks" or on a separate page. 7. Column For each item reviewed, LANDSCAPE ARCHITECT shall assign action codes as follows. A. No Exceptions Taken. B. Make Corrections Noted. Resubmission not required. C. Submit Specified Item. D. Rejected. E. Resubmit F. Do Not Resubmit. Receipt acknowledged. G. Will be returned by separate correspondence. H. Other (Specify). ---PAGE BREAK--- FORM 01330-2 SUBMITTAL REGISTER PROJECT TITLE No. LOCATION CONTRACTOR SCHEDULED ACTIVITY SUBMITTAL ITEM No. SPECIFICATION PARAGRAPH NUMBER DESCRIPTION OF SUBMITTAL TYPE OF SUBMITTAL REVIEW ACTION CONTRACTOR NEED DATES LANDSCAPE ARCHITECT ACTION DATES OTHER SAMPLES SHOP DRAWINGS PARTS LIST PRODUCT DATA DESIGN DATA SPECIFICATIONS CERTIFICATES INSTRUCTIONS TESTING RESULTS O & M MANUAL OTHER REVIEW REQUIRED BY SUBMITTAL DATE APPROVAL NEEDD BY MATERIAL NEEDED BY DATE RECEIVED ACTION CODE ---PAGE BREAK--- FORM 01330-2 ---PAGE BREAK--- FORM 01330-2 INSTRUCTIONS GENERAL 1. CONTRACTOR to Complete Form: Review the Contract Documents to insure completeness. Expand general category listings. Show individual entries on this form for each item. a. As an example, a general category would be "Plumbing Fixtures" which the CONTRACTOR is to breakdown into individual entries such as "Toilet P-1, Lavatory P-2, etc.". Complete the Submittal Register, attach it to Form 013301 and submit it to LANDSCAPE ARCHITECT. 2. Resubmittals: If a submittal is returned for correction, provide a new Submittal Identification Number. Identify the number on the submittal register and resubmit the information for review. Do not amend the data already contained on the submittal register. SUBMITTAL REGISTER 1. SCHEDULED ACTIVITY: If an activity on the Progress Schedule is assigned to the submittal, place the schedule activity number in the "SCHEDULED ACTIVITY" column. 2. SUBMITTAL ITEM No.: Assign to each entry on the Submittal Register a sequential number in the "SUBMITTAL IDENTIFICATION (ITEM NUMBER)" column. 3. REVIEW ACTION: The "REVIEW ACTION" column identifies technical review responsibili- ty of submittal. Review of all products and materials is the CONTRACTOR's responsibility; however, certain specified submittals will also require LANDSCAPE ARCHITECT's review. a. If REVIEW ACTION Column is Blank: Identified submittal shall be approved by the CONTRACTOR and then submitted to the LANDSCAPE ARCHITECT for information. b. If the "LANDSCAPE ARCHITECT" is Identified in the REVIEW ACTION Column: Identified submittals shall be first approved by the CONTRACTOR and then submitted to the LANDSCAPE ARCHITECT for review. 4. LANDSCAPE ARCHITECT ACTION DATES: This column is for LANDSCAPE ARCHITECT's use to record date submittal was received and the action code assigned in the submittal review process. End of Section ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 01 55 26 TRAFFIC CONTROL 01 55 26 - 1 3232 01 55 26 Traffic Control This specification modifies a portion of the APWA Standard Specification Section 01 55 26. All other provisions of the Section remain in full force and effect. Traffic Control Plan prior to the pre-construction meeting. 1.4 TRAFFIC CONTROL PLAN F. Provide and maintain one 12-foot wide traffic lane for each direction of travel at all times on major streets. 2.1 PAVEMENT MARKINGS, SIGNS, BARRICADES E. Replace lost or damaged traffic regulation signs and traffic information signs at no additional cost to MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENT. 3.1 FLAGGING A. Provide flagger anytime work affects travel lanes, even if momentarily. 3.2 TRAFFIC CONTROLL DEVICES D. When required, place variable message sign (VMS) two weeks prior to beginning of project notifying the public of the anticipated construction/closures. 3.4 PERMITS A. Obtain all necessary permits from Millcreek prior to commencing any work within the public Right-of-Way. 3.5 ACCESS A. Provide access to all affected properties. B. Provide alternate access whenever normal access is blocked and an alternate access method is possible. C. Notify property Millcreek Community Development Departments 48 hours in advance of change or loss of access and the anticipated duration. END OF SECTION ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 323300 SITE FURNISHINGS 323300 - 2 3232 323300 SITE FURNISHINGS – By Millcreek Community Development Department PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Bicycle racks. – by Millcreek Community Development Department 2. Aluminum Futsal Benches – by Millcreek Community Development Department 1.3 ACTION SUBMITTALS A. Product Data: For each product. B. Samples: For each exposed product and for each color and texture specified. 1.4 INFORMATIONAL SUBMITTALS A. Material Certificates: For site furnishings manufactured with preservative-treated wood. 1. Indicate type of preservative used and net amount of preservative retained. 1.5 CLOSEOUT SUBMITTALS A. Maintenance Data: For site furnishings to include in maintenance manuals. 1.6 WARRANTY 1. Warranty Period: Two years from date of Substantial Completion. ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 323300 SITE FURNISHINGS 323300 - 2 3232 PART 2 - PRODUCTS 2.1 PRODUCT A. Provide site furnishing as specified on Drawings. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas and conditions, with Installer present, for compliance with requirements for correct and level finished grade, mounting surfaces, installation tolerances, and other conditions affecting performance of the Work. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLATION A. Comply with manufacturer's written installation instructions unless more stringent requirements are indicated. Complete field assembly of site furnishings where required. B. Unless otherwise indicated, install site furnishings after landscaping and paving have been completed. C. Install site furnishings level, plumb, true, and securely anchored at locations indicated on Drawings. D. Post Setting: Set cast-in support posts in concrete footing with smooth top, shaped to shed water. Protect portion of posts above footing from concrete splatter. Verify that posts are set plumb or at correct angle and are aligned and at correct height and spacing. Hold posts in position during placement and finishing operations until concrete is sufficiently cured. E. Posts Set into Voids in Concrete: Form or core-drill holes for installing posts in concrete to depth recommended in writing by manufacturer of site furnishings and 3/4 inch larger than OD of post. Clean holes of loose material, insert posts, and fill annular space between post and concrete with nonshrink, nonmetallic grout mixed and placed to comply with anchoring material manufacturer's written instructions, with top smoothed and shaped to shed water. F. Pipe Sleeves: Use steel pipe sleeves preset and anchored into concrete for installing posts. After posts have been inserted into sleeves, fill annular space between post and ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 323300 SITE FURNISHINGS 323300 - 2 3232 sleeve with nonshrink, nonmetallic grout, mixed and placed to comply with anchoring material manufacturer's written instructions, with top smoothed and shaped to shed water. END OF SECTION 323300 ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 328400 PLANTING IRRIGATION 328400 - 1 3232 SECTION 328400 - PLANTING IRRIGATION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Piping. 2. Automatic control valves. 3. Drip Irrigation 4. Quick couplers. 5. Controllers. 6. Boxes for automatic control valves. 1.2 PERFORMANCE REQUIREMENTS A. Irrigation zone control shall be automatic operation with existing controller and automatic control valves. B. Minimum Working Pressures: The following are pressure requirements for piping, valves, and specialties unless otherwise indicated: 1. Mainline: 80 psi maximum. Lateral lines (drip): 16 psi minimum to 58 psi maximum. 1.3 ACTION SUBMITTALS A. Product Data: For each type of product indicated. Include rated capacities, operating characteristics, and furnished specialties and accessories. 1.4 INFORMATIONAL SUBMITTALS A. Controller Timing Schedule: Indicate timing settings for each automatic controller zone. 1.5 CLOSEOUT SUBMITTALS A. As-built drawing of system as installed. ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 328400 PLANTING IRRIGATION 328400 - 2 3232 1.6 QUALITY ASSURANCE A. Contractor shall warranty all work for a period of 1-year from substantial completion. PART 2 - PRODUCTS 2.1 PIPES, TUBES, AND FITTINGS A. Comply with requirements in the piping schedule for applications of pipe, tube, and fitting materials, and for joining methods for specific services, service locations, and pipe sizes. B. PE Pipe with Controlled ID: ASTM F 771, PE 3408 compound and SIDR 15. 1. Insert Fittings for PE Pipe: ASTM D 2609, nylon or propylene plastic with barbed ends. Include bands or other fasteners. C. PVC Pipe: ASTM D 1785, PVC 1120 compound, Schedule 40 1. PVC Socket Fittings: ASTM D 2466, Schedule 40. 2. PVC Socket Unions: Construction similar to MSS SP-107, except both headpiece and tailpiece shall be PVC with socket ends. D. PVC Pipe, Pressure Rated: ASTM D 2241, PVC 1120 compound. 2.2 PIPING JOINING MATERIALS A. Solvent Cements for Joining PVC Piping: ASTM D 2564. Include primer according to ASTM F 656. 2.3 AUTOMATIC CONTROL VALVES A. Plastic, Automatic Control Valves: 1. Description: Molded-plastic body, normally closed, diaphragm type with manual- flow adjustment, and operated by 24-V ac solenoid. 2.4 DRIP IRRIGATION A. Inline drip emission tubing: ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 328400 PLANTING IRRIGATION 328400 - 3 3232 1. Tubing shall be nominally sized to 17mm low-density linear polyethylene tubing. The exterior of the tubing shall be brown in color and conform to an outside diameter of 0.66 inches and an inside diameter of 0.56 inches. 2. Tubing shall be constructed with pressure compensation, continuously self- cleaning, integral emitters with an internal check valve at these spacings (12” or 18” centers). 3. Individual pressure compensating emitters shall be welded to the inside wall of the tubing as an integral part of the manufacturing process. These emitters shall be constructed of a two piece plastic emitter housing containing a continuously self-flushing molded silicone diaphragm. The emitter shall have a built-in check valve that will hold back a 4.6' column of water. The emitter shall be installed into the tubing so that the inlet to the emitter is toward the center of the tubing cross section. The emitter shall also have a built-in physical root barrier whereby the water shall exit the emitter from one location and shall exit the tubing from a second location. This physical barrier shall create an air gap inside the exit bath of the emitter. 4. Each emitter shall have the ability to independently regulate discharge rates, with an inlet pressure range of 14.5 - 58 pounds per square inch (psi), at a constant flow and with a manufacturer’s coefficient of variability (Cv) of 0.03 or less. The emitters shall be capable of continuously cleaning themselves while in operation. 5. Filtration shall be 120 mesh or finer. B. Point Source Drip Emission Devises : 1. Point source emission devices will consist of a pressure compensating bubblers at 5 gph, with 1/2" threaded inlet. 2.5 QUICK COUPLERS A. Description: Factory-fabricated, bronze or brass, two-piece assembly. Include coupler water-seal valve; removable upper body with spring-loaded or weighted, rubber- covered cap; hose swivel with ASME B1.20.7, 3/4-11.5NH threads for garden hose on outlet; and operating key. 2.6 CONTROLLERS A. Description: 1. Controller Stations for Automatic Control Valves: Each station is variable from approximately 5 to 60 minutes. Include switch for manual or automatic operation of each station. ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 328400 PLANTING IRRIGATION 328400 - 4 3232 2.7 BOXES FOR AUTOMATIC CONTROL VALVES A. Plastic Boxes: 1. Description: Box and cover, with open bottom and openings for piping; designed for installing flush with grade. a. Size: As required for valves and service. b. Shape: Round, Square, or Rectangular c. Sidewall Material: PE, ABS, or FRP. d. Cover Material: PE, ABS, or FRP. B. Drainage Backfill: Cleaned gravel or crushed stone, graded from 3/4 inch minimum to 3 inches maximum. PART 3 - EXECUTION 3.1 EARTHWORK A. Drain Pockets: Excavate to sizes indicated. Backfill with cleaned gravel or crushed stone, graded from 3/4 to 3 inches to 12 inches below grade. Cover gravel or crushed stone with sheet of asphalt-saturated felt and backfill remainder with excavated material. B. Provide minimum cover over top of underground piping according to the following: 1. Irrigation Main Piping: Minimum depth of 36 inches below finished grade, or not less than 18 inches below average local frost depth, whichever is deeper. 2. Circuit Piping: 12 inches. 3. Drain Piping: 12 inches. 4. Sleeves: 24 inches. 3.2 PIPING INSTALLATION A. Location and Arrangement: Drawings indicate location and arrangement of piping systems. Install piping as indicated unless deviations are approved on Coordination Drawings. B. Install piping at minimum uniform slope of 0.5 percent down toward drain valves. C. Install piping free of sags and bends. D. Install groups of pipes parallel to each other, spaced to permit valve servicing. ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 328400 PLANTING IRRIGATION 328400 - 5 3232 E. Install fittings for changes in direction and branch connections. F. Install underground thermoplastic piping according to ASTM D 2774 G. Install expansion loops in control-valve boxes for plastic piping. H. Lay piping on solid subbase, uniformly sloped without humps or depressions. I. Install PVC piping in dry weather when temperature is above 40 deg F. Allow joints to cure at least 24 hours at temperatures above 40 deg F before testing. 3.3 INLINE DRIP INSTALLATION A. Install inline drip tubing on-surface of planting soil and under mulch installations. B. 6” metal wire staples shall be installed 3’ on center, and two staples shall be installed over every change-of-direction fitting. C. Install inline drip tubing so that bending radius shall not be smaller than 7" or tubing kinking may result. 3.4 POINT SOURCE DRIP INSTALLATION A. Install pressure compensating threaded bubblers on ½” PVC risers, schedule 80 risers. 3.5 JOINT CONSTRUCTION A. Ream ends of pipes and tubes and remove burrs. Bevel plain ends of steel pipe. B. Remove scale, slag, dirt, and debris from inside and outside of pipe and fittings before assembly. C. Threaded Joints: Thread pipe with tapered pipe threads according to ASME B1.20.1. Cut threads full and clean using sharp dies. Ream threaded pipe ends to remove burrs and restore full ID. Join pipe fittings and valves as follows: 1. Apply appropriate tape or thread compound to external pipe threads unless dry seal threading is specified. 2. Damaged Threads: Do not use pipe or pipe fittings with threads that are corroded or damaged. Do not use pipe sections that have cracked or open welds. D. Flanged Joints: Select rubber gasket material, size, type, and thickness for service application. Install gasket concentrically positioned. Use suitable lubricants on bolt threads. ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 328400 PLANTING IRRIGATION 328400 - 6 3232 E. PE Piping Fastener Joints: Join with insert fittings and bands or fasteners according to piping manufacturer's written instructions. F. PVC Piping Solvent-Cemented Joints: Clean and dry joining surfaces. Join pipe and fittings according to the following: 1. Comply with ASTM F 402 for safe-handling practice of cleaners, primers, and solvent cements. 2. PVC Pressure Piping: Join schedule number, ASTM D 1785, PVC pipe and PVC socket fittings according to ASTM D 2672. Join other-than-schedule-number PVC pipe and socket fittings according to ASTM D 2855. 3. PVC Nonpressure Piping: Join according to ASTM D 2855. 3.6 VALVE INSTALLATION A. Pressure-Reducing Valves: Install in boxes for automatic control valves. C. Drain Valves: Install in underground piping in boxes for automatic control valves. 3.7 FIELD QUALITY CONTROL A. Perform the following tests and inspections. 1. Leak Test: After installation, charge system and test for leaks. Repair leaks and retest until no leaks exist. 2. Operational Test: After electrical circuitry has been energized, operate controllers and automatic control valves to confirm proper system operation. 3. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment. B. Any irrigation product will be considered defective if it does not pass tests and inspections. C. Prepare test and inspection reports. 3.8 ADJUSTING A. Adjust settings of controllers. B. Adjust automatic control valves to provide flow rate at rated operating pressure required for each sprinkler circuit. ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 328400 PLANTING IRRIGATION 328400 - 7 3232 C. Adjust emission devices, except those intended to be mounted aboveground, so they will be flush with, or not more than 1/2 inch above, finish grade. D. Following construction and prior to issuing the approval for occupancy, a Water Audit will be conducted by a IA certified Landscape Irrigation Auditor. The auditor shall be independent of the contractor, design firm, and Millcreek Community Development Department/developer of the project. The water performance audit will verify that the irrigation system complies with the minimum standards required by this ordinance. The minimum efficiency required for the irrigation system is 60% for the distribution efficiency for all fixed spray systems and 70% distribution efficiency for all rotor systems. The auditor shall furnish a certificate to the City, designer, installer, and Millcreek Community Development Department/developer certifying compliance with the minimum distribution requirements, and an irrigation schedule. Compliance with this provision is required before the City will issue the letter of final acceptance. 3.9 PIPING SCHEDULE A. Install components having pressure rating equal to or greater than system operating pressure. B. Piping in control-valve boxes and aboveground may be joined with flanges or unions instead of joints indicated. C. Underground irrigation main piping shall be Schedule 40, PVC pipe and socket fittings, and solvent-cemented joints. D. Circuit piping shall be one of the following: 1. SIDR 7 PE, controlled ID pipe; insert fittings for PE pipe; and fastener joints. 2. Schedule 40, PVC pipe and socket fittings; and solvent-cemented joints. END OF SECTION 328400 ---PAGE BREAK--- Gateway Park Construction Specifications SECTION 329113 SOIL PREPARATION 329113 - 1 SECTION 329113 - SOIL PREPARATION PART 1 - GENERAL 1.1 SUMMARY A. Section includes planting soils specified by composition of the mixes. 1.2 DEFINITIONS A. Imported Soil: Soil that is transported to Project site for use. B. Manufactured Soil: Soil produced by blending soils, sand, stabilized organic soil amendments, and other materials to produce planting soil. C. Planting Soil: Existing, on-site soil; imported soil; or manufactured soil that has been modified as specified with soil amendments to produce a soil mixture best for plant growth. D. Subgrade: Surface or elevation of subsoil remaining after excavation is complete, or the top surface of a fill or backfill before planting soil is placed. E. Subsoil: Soil beneath the level of subgrade; soil beneath the topsoil layers of a naturally occurring soil profile, typified by less than 1 percent organic matter and few soil organisms. F. Surface Soil: Soil that is present at the top layer of the existing soil profile. In undisturbed areas, surface soil is typically called "topsoil"; but in disturbed areas such as urban environments, the surface soil can be subsoil. G. USCC: U.S. Composting Council. 1.3 ACTION SUBMITTALS A. Soil Test: For imported topsoil B. Product Data and Samples: For mulch. ---PAGE BREAK--- Gateway Park Construction Specifications SECTION 329113 SOIL PREPARATION 329113 - 2 PART 2 - PRODUCTS 2.1 PLANTING SOILS SPECIFIED BY COMPOSITION A. Planting-Soil: Imported, naturally formed soil from off-site sources and consisting of sand, silt, and clay according to USDA textures; and modified to produce viable planting soil. 1. Sources: Take imported, unamended soil from sources that are naturally well- drained sites where topsoil occurs at least 4 inches deep, not from bogs, or marshes; and that do not contain undesirable organisms; disease-causing plant pathogens; or obnoxious weeds and invasive plants. 2. Additional Properties of Imported Soil before Amending: a. Soluble salts: < 2 dS/m. b. pH: 5.5-7.5. c. Sand < 70%, Silt < 70%, Clay <60% d. Texture: Ideal soil texture shall consist of a loam(L), or silt loam (SiL). Also acceptable are sandy clay loam (SCL), sandy loam (SL), clay loam (CL), silty clay loam (SiCL). e. Organic matter > 2% f. Sodium Adsorption Ratio (SAR) < 3 g. Friable, and with sufficient structure to give good tilth and aeration. 3. Unacceptable Properties: Clean soil of the following: a. Unacceptable Materials: 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 that are harmful to plant growth. b. Unsuitable Materials: Stones, roots, plants, sod, clay lumps, and pockets of coarse sand that exceed a combined maximum of 2 percent by dry weight of the imported soil. c. Large Materials: Stones, clods, roots, clay lumps, and pockets of coarse sand exceeding 2 inches in any dimension. 4. Provide analysis of nutrient content of soil, specifically Nitrogen Potassium and Phosphorus and amend as directed by the soil laboratory or the Landscape Architect. 5. Planting Soil Composition: Blend soil with composted bark mulch at a ratio 1:4 by volume. ---PAGE BREAK--- Gateway Park Construction Specifications SECTION 329113 SOIL PREPARATION 329113 - 3 PART 3 - EXECUTION 3.1 GENERAL A. Place planting soil and fertilizers according to requirements the drawings and specifications. B. Verify that no foreign or deleterious material or liquid such as paint, paint washout, concrete slurry, concrete layers or chunks, cement, plaster, oils, gasoline, diesel fuel, paint thinner, turpentine, tar, roofing compound, or acid has been deposited in planting soil. 3.2 APPLYING COMPOST TO SURFACE OF PLANTING SOIL A. Application: Apply 3 inches of composted bark mulch on the surface of in-place planting soil, following the installation of plant material. B. Finish Grading: Grade surface to a smooth, uniform surface plane with loose, uniformly fine texture. Roll and rake, remove ridges, and fill depressions to meet finish grades. 3.3 PROTECTION AND CLEANING A. Protect areas of in-place soil from additional compaction, disturbance, and contamination. Prohibit the following practices within these areas except as required to perform planting operations: 1. Storage of construction materials, debris, or excavated material. 2. Parking vehicles or equipment. 3. Vehicle traffic. 4. Foot traffic. 5. Erection of sheds or structures. 6. Impoundment of water. 7. Excavation or other digging unless otherwise indicated. B. Remove surplus soil and waste material including excess subsoil, unsuitable materials, trash, and debris and legally dispose of them off Millcreek Community Development Department's property unless otherwise indicated. END OF SECTION 329113 ---PAGE BREAK--- Gateway Park Construction Specifications SECTION 311000 SITE CLEARING 311000 - 1 SECTION 311000 - SITE CLEARING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Protecting existing vegetation to remain. 2. Removing existing vegetation. 3. Clearing and grubbing. 4. Stripping and stockpiling topsoil. 5. Removing above- and below-grade site improvements. 6. Disconnecting, capping or sealing, and. 7. Temporary erosion and sedimentation control. 1.3 DEFINITIONS A. Subsoil: Soil beneath the level of subgrade; soil beneath the topsoil layers of a naturally occurring soil profile, typified by less than 1 percent organic matter and few soil organisms. B. Surface Soil: Soil that is present at the top layer of the existing soil profile. In undisturbed areas, surface soil is typically called "topsoil," but in disturbed areas such as urban environments, the surface soil can be subsoil. C. Topsoil: Top layer of the soil profile consisting of existing native surface topsoil or existing in-place surface soil; the zone where plant roots grow. Its appearance is generally friable, pervious, and black or a darker shade of brown, gray, or red than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects larger than 2 inches in diameter; and free of weeds, roots, toxic materials, or other nonsoil materials. D. Plant-Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or other vegetation to be protected during construction and indicated on Drawings. ---PAGE BREAK--- Gateway Park Construction Specifications SECTION 311000 SITE CLEARING 311000 - 2 E. Tree-Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction and indicated according to requirements in Drawing L- 002 Tree Protection Notes F. Vegetation: Trees, shrubs, groundcovers, grass, and other plants. 1.4 PREINSTALLATION MEETINGS A. Preinstallation Conference: Conduct conference at Project site. 1.5 MATERIAL MILLCREEK COMMUNITY DEVELOPMENT DEPARTMENTSHIP A. Except for materials indicated to be stockpiled or otherwise remain Millcreek Community Development Department's property, cleared materials shall become Contractor's property and shall be removed from Project site. 1.6 INFORMATIONAL SUBMITTALS A. Topsoil stripping and stockpiling program. 1.7 QUALITY ASSURANCE A. Topsoil Stripping and Stockpiling Program: Prepare a written program to systematically demonstrate the ability of personnel to properly follow procedures and handle materials and equipment during the work. Include dimensioned diagrams for placement and protection of stockpiles. 1.8 FIELD CONDITIONS A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during site-clearing operations. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Millcreek Community Development Department and authorities having jurisdiction. 2. Provide alternate routes around closed or obstructed trafficways if required by Millcreek Community Development Department or authorities having jurisdiction. B. Utility Locator Service: Notify utility locator service for area where Project is located before site clearing. ---PAGE BREAK--- Gateway Park Construction Specifications SECTION 311000 SITE CLEARING 311000 - 3 C. Do not commence site clearing operations until temporary erosion- and sedimentation- control and plant-protection measures are in place. D. Tree- and Plant-Protection Zones: Protect according to requirements in Drawing L-002 Tree Protection Notes E. Soil Stripping, Handling, and Stockpiling: Perform only when the soil is dry or moist. PART 2 - PRODUCTS 2.1 MATERIALS A. Satisfactory Soil Material: Requirements for satisfactory soil material are specified in Section 329113 "Soil Preparation." 1. Obtain approved borrow soil material off-site when satisfactory soil material is not available on-site. PART 3 - EXECUTION 3.1 PREPARATION A. Protect and maintain benchmarks and survey control points from disturbance during construction. B. Verify that trees, shrubs, and other vegetation to remain or to be relocated have been flagged and that protection zones have been identified and enclosed according to requirements in Drawing L-002 Tree Protection Notes C. Protect existing site improvements to remain from damage during construction. 1. Restore damaged improvements to their original condition, as acceptable to Millcreek Community Development Department. 3.2 TEMPORARY EROSION AND SEDIMENTATION CONTROL A. Provide temporary erosion- and sedimentation-control measures to prevent soil erosion and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways, according to erosion- and sedimentation-control Drawings and requirements of authorities having jurisdiction. ---PAGE BREAK--- Gateway Park Construction Specifications SECTION 311000 SITE CLEARING 311000 - 4 B. Verify that flows of water redirected from construction areas or generated by construction activity do not enter or cross protection zones. C. Inspect, maintain, and repair erosion- and sedimentation-control measures during construction until permanent vegetation has been established. D. Remove erosion and sedimentation controls, and restore and stabilize areas disturbed during removal. 3.3 TREE AND PLANT PROTECTION A. Protect trees and plants remaining on-site according to requirements in Drawing L-002 Tree Protection Notes B. Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations according to requirements in Drawing L- 002 Tree Protection Notes 3.4 EXISTING UTILITIES A. Locate, identify, disconnect, and seal or cap utilities indicated to be removed. 1. Arrange with utility companies to shut off indicated utilities. B. Interrupting Existing Utilities: Do not interrupt utilities serving facilities occupied by Millcreek Community Development Department or others, unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: 1. Notify Landscape Architect not less than two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Landscape Architect's written permission. C. Excavate for and remove underground utilities indicated to be removed. 3.5 CLEARING AND GRUBBING A. Remove obstructions, trees, shrubs, and other vegetation to permit installation of new construction. 1. Do not remove trees, shrubs, and other vegetation indicated to remain or to be relocated. ---PAGE BREAK--- Gateway Park Construction Specifications SECTION 311000 SITE CLEARING 311000 - 5 2. Grind down stumps and remove roots larger than 3 inches in diameter, obstructions, and debris to a depth of 18 inches below exposed subgrade. 3. Use only hand methods or air spade for grubbing within protection zones. 4. Chip removed tree branches and dispose of off-site. B. Fill depressions caused by clearing and grubbing operations with satisfactory soil material unless further excavation or earthwork is indicated. 1. Place fill material in horizontal layers not exceeding a loose depth of 8 inches, and compact each layer to a density equal to adjacent original ground. 3.6 TOPSOIL STRIPPING A. Remove sod and grass before stripping topsoil. B. Strip topsoil to depth of 6 inches in a manner to prevent intermingling with underlying subsoil or other waste materials. 1. Remove subsoil and nonsoil materials from topsoil, including clay lumps, gravel, and other objects larger than 2 inches in diameter; trash, debris, weeds, roots, and other waste materials. C. Stockpile topsoil away from edge of excavations without intermixing with subsoil or other materials. Grade and shape stockpiles to drain surface water. Cover to prevent windblown dust and erosion by water. 1. Limit height of topsoil stockpiles to 72 inches. 2. Do not stockpile topsoil within protection zones. 3. Dispose of surplus topsoil. Surplus topsoil is that which exceeds quantity indicated to be stockpiled or reused. 3.7 SITE IMPROVEMENTS A. Remove existing above- and below-grade improvements as indicated and necessary to facilitate new construction. B. Remove slabs, paving, curbs, gutters, and aggregate base as indicated. 1. Unless existing full-depth joints coincide with line of demolition, neatly saw-cut along line of existing pavement to remain before removing adjacent existing pavement. Saw-cut faces vertically. ---PAGE BREAK--- Gateway Park Construction Specifications SECTION 311000 SITE CLEARING 311000 - 6 3.8 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Remove surplus soil material, unsuitable topsoil, obstructions, demolished materials, and waste materials including trash and debris, and legally dispose of them off Millcreek Community Development Department's property. B. Burning tree, shrub, and other vegetation waste is permitted according to burning requirements and permitting of authorities having jurisdiction. Control such burning to produce the least smoke or air pollutants and minimum annoyance to surrounding properties. Burning of other waste and debris is prohibited. END OF SECTION 311000 ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 329200 – TURF AND GRASSES 329300 - 1 SECTION 329200 - TURF AND GRASSES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Seeding. 2. Hydroseeding. 3. Sodding. 4. Meadow grasses and wildflowers- By Owner 5. Erosion-control material(s). B. Related Requirements: 1. Section 329300 "Plants" for trees, shrubs, ground covers, and other plants as well as border edgings and mow strips. 1.3 DEFINITIONS A. Finish Grade: Elevation of finished surface of planting soil. B. Pesticide: A substance or mixture intended for preventing, destroying, repelling, or mitigating a pest. Pesticides include insecticides, miticides, herbicides, fungicides, rodenticides, and molluscicides. They also include substances or mixtures intended for use as a plant regulator, defoliant, or desiccant. C. Pests: Living organisms that occur where they are not desired or that cause damage to plants, animals, or people. Pests include insects, mites, grubs, mollusks (snails and slugs), rodents (gophers, moles, and mice), unwanted plants (weeds), fungi, bacteria, and viruses. D. Planting Soil: Existing, on-site soil; imported soil; or manufactured soil that has been modified with soil amendments and perhaps fertilizers to produce a soil mixture best for plant growth. See Section 329113 "Soil Preparation" and drawing designations for planting soils. ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 329200 – TURF AND GRASSES 329300 - 2 E. Subgrade: The surface or elevation of subsoil remaining after excavation is complete, or the top surface of a fill or backfill before planting soil is placed. 1.4 INFORMATIONAL SUBMITTALS A. Certification of Grass Seed: From seed vendor for each grass-seed monostand or mixture, stating the botanical and common name, percentage by weight of each species and variety, and percentage of purity, germination, and weed seed. Include the year of production and date of packaging. 1. Certification of each seed mixture for turfgrass sod. Include identification of source and name and telephone number of supplier. 1.5 CLOSEOUT SUBMITTALS 1.6 QUALITY ASSURANCE 1.7 DELIVERY, STORAGE, AND HANDLING A. Seed and Other Packaged Materials: Deliver packaged materials in original, unopened containers showing weight, certified analysis, name and address of manufacturer, and indication of compliance with state and Federal laws, as applicable. B. Sod: Harvest, deliver, store, and handle sod according to requirements in "Specifications for Turfgrass Sod Materials" and "Specifications for Turfgrass Sod Transplanting and Installation" sections in TPI's "Guideline Specifications to Turfgrass Sodding." Deliver sod within 24 hours of harvesting and in time for planting Protect sod from breakage and drying. C. Bulk Materials: 1. Do not dump or store bulk materials near structures, utilities, walkways and pavements, or on existing turf areas or plants. 2. Provide erosion-control measures to prevent erosion or displacement of bulk materials; discharge of soil-bearing water runoff; and airborne dust reaching adjacent properties, water conveyance systems, or walkways. 3. Accompany each delivery of bulk materials with appropriate certificates. ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 329200 – TURF AND GRASSES 329300 - 3 1.8 FIELD CONDITIONS A. Planting Restrictions: Plant during one of the following periods. Coordinate planting periods with initial maintenance periods to provide required maintenance from date of planting completion. B. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit planting to be performed when beneficial and optimum results may be obtained. Apply products during favorable weather conditions according to manufacturer's written instructions. PART 2 - PRODUCTS 2.1 SEED A. Grass Seed: Fresh, clean, dry, new-crop seed complying with AOSA's "Rules for Testing Seeds" for purity and germination tolerances. B. Seed Quality 1. Quality: Seed not less than 85 percent germination, not less than 95 percent pure seed, and not more than 0.5 percent weed seed: 2.2 TURFGRASS SOD A. Turfgrass Sod: Certified, complying with "Specifications for Turfgrass Sod Materials" in TPI's "Guideline Specifications to Turfgrass Sodding." Furnish viable sod of uniform density, color, and texture that is strongly rooted and capable of vigorous growth and development when planted. See drawings for sod type, species and source. 2.3 MEADOW GRASSES AND WILDFLOWERS A. Wildflower and Native-Grass Seed: Fresh, clean, and dry new seed, of mixed species as follows: 1. Granite Seed: See drawing. B. Seed Carrier: Inert material, sharp clean sand or perlite. ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 329200 – TURF AND GRASSES 329300 - 4 PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas to be planted for compliance with requirements and other conditions affecting installation and performance of the work. 1. Verify that no foreign or deleterious material or liquid such as paint, paint washout, concrete slurry, concrete layers or chunks, cement, plaster, oils, gasoline, diesel fuel, paint thinner, turpentine, tar, roofing compound, or acid has been deposited in soil within a planting area. 2. Suspend planting operations during periods of excessive soil moisture until the moisture content reaches acceptable levels to attain the required results. 3. Uniformly moisten excessively dry soil that is not workable or which is dusty. B. Proceed with installation only after unsatisfactory conditions have been corrected. C. If contamination by foreign or deleterious material or liquid is present in soil within a planting area, remove the soil and contamination as directed by Landscape Architect and replace with new planting soil. 3.2 PREPARATION A. Protect structures; utilities; sidewalks; pavements; and other facilities, trees, shrubs, and plantings from damage caused by planting operations. 1. Protect adjacent and adjoining areas from hydroseeding and hydromulching overspray. 2. Protect grade stakes set by others until directed to remove them. B. Install erosion-control measures according to the plan to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent waterways. 3.3 TURF AREA PREPARATION A. General: Prepare planting area for soil placement and mix planting soil according to Section 329113 "Soil Preparation." B. Placing Planting Soil: Place and mix planting soil in place over exposed subgrade. 1. Reduce elevation of planting soil to allow for soil thickness of sod. ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 329200 – TURF AND GRASSES 329300 - 5 C. Moisten prepared area before planting if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. D. Before planting, obtain Landscape Architect's acceptance of finish grading; restore planting areas if eroded or otherwise disturbed after finish grading. 3.4 SEEDING A. Sow seed with spreader or seeding machine. Do not broadcast or drop seed when wind velocity exceeds 5 mph. 1. Evenly distribute seed by sowing equal quantities in two directions at right angles to each other. 2. Do not use wet seed or seed that is moldy or otherwise damaged. 3. Do not seed against existing trees. Limit extent of seed to outside edge of planting saucer. B. Sow seed according to suppliers specifications. C. Rake seed into top 1/8 inch of soil, roll and water with fine spray. D. Protect seeded areas with slopes exceeding 1:6 with erosion-control fiber mesh installed and stapled according to manufacturer's written instructions. E. Protect seeded areas from hot, dry weather or drying winds by applying within 24 hours after completing seeding operations. Soak areas, scatter mulch uniformly to a thickness of 3/16 inch, and roll surface smooth. 3.5 HYDROSEEDING A. Hydroseeding: Mix specified seed and fiber mulch in water, using equipment specifically designed for hydroseed application. Continue mixing until uniformly blended into homogeneous slurry suitable for hydraulic application. 1. Mix slurry with tackifier. 2. Spray-apply slurry uniformly to all areas to be seeded in a one-step process. Apply slurry at a rate so that mulch component is deposited at not less than 1500-lb/acre dry weight, and seed component is deposited at not less than the specified seed- sowing rate. 3. Spray-apply slurry uniformly to all areas to be seeded in a two-step process. Apply first slurry coat at a rate so that mulch component is deposited at not less than 500- lb/acre dry weight, and seed component is deposited at not less than the specified ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 329200 – TURF AND GRASSES 329300 - 6 seed-sowing rate. Apply slurry cover coat of fiber mulch (hydromulching) at a rate of 1000 lb/acre. 3.6 SODDING A. Lay sod within 24 hours of harvesting. Do not lay sod if dormant or if ground is frozen or muddy. B. Lay sod to form a solid mass with 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 soil or sod during installation. Tamp and roll to ensure contact with soil, eliminate air pockets, and form a smooth surface. Work sifted soil or fine sand into minor cracks between pieces of sod; remove excess to avoid smothering sod and adjacent grass. 1. Lay sod across 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. 3.7 TURF MAINTENANCE A. General: Maintain and establish turf by watering, fertilizing, weeding, mowing, trimming, replanting, and performing other operations as required to establish healthy, viable turf. Roll, regrade, and replant bare or eroded areas and remulch to produce a uniformly smooth turf. Provide materials and installation the same as those used in the original installation. 1. Fill in as necessary soil subsidence that may occur because of settling or other processes. Replace materials and turf damaged or lost in areas of subsidence. 2. In areas where mulch has been disturbed by wind or maintenance operations, add new mulch and anchor as required to prevent displacement. 3. Apply treatments as required to keep turf and soil free of pests and pathogens or disease. Use integrated pest management practices whenever possible to minimize the use of pesticides and reduce hazards. B. Watering: Install and maintain temporary piping, hoses, and turf-watering equipment to convey water from sources and to keep turf 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. ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 329200 – TURF AND GRASSES 329300 - 7 2. Water turf with fine spray at a minimum rate of 1 inch per week unless rainfall precipitation is adequate. C. Mow turf as soon as top growth is tall enough to cut. Repeat mowing to maintain specified height without cutting more than one-third of grass height. Remove no more than one- third 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: 1. Mow to a height of 2 to 3 inches. D. Protect turf from damage due to landscape operations and operations of other contractors and trades. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged turf. Maintenance period should last 30 days after installation. 3.8 SATISFACTORY TURF A. Turf installations shall meet the following criteria as determined by Landscape Architect: 1. Satisfactory Seeded Turf: At end of maintenance period, a healthy, uniform, close stand of grass has been established, free of weeds and surface irregularities, with coverage exceeding 90 percent over any 10 sq. ft. and bare spots not exceeding 5 by 5 inches. 2. Satisfactory Sodded Turf: At end of maintenance period, a healthy, well-rooted, even-colored, viable turf has been established, free of weeds, open joints, bare areas, and surface irregularities. B. Use specified materials to reestablish turf that does not comply with requirements, and continue maintenance until turf is satisfactory. 3.9 MEADOW INSTALLATION AND MAINTENANCE A. Install meadow as per drawing specifications. See page LP -101 Seeding Notes. B. Seed Quality: All seed shall be thoroughly cleaned, and tested for purity and germination, using the procedures sanctioned by the association of official seed analysists. C. Site Preparation: Prepare the site by removing existing vegetation. Apply a non-selective herbicide to actively growing vegetation following the manufacturer’s recommendations. Ten days to two weeks following herbicide application shallow till the ground surface and remove all vegetation. Avoid deeply disturbing the soil as this will bring up more dormant weed seeds. Water the site for an additional week to help germinate the new weed seeds. ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 329200 – TURF AND GRASSES 329300 - 8 When the new weeds have reached two to three inches of growth, repeat the herbicide application. D. Installation: Following site preparation, broadcast seed at the specified rates in late spring. See hydroseed instructions in specifications. E. Watering: Install and maintain meadow-watering equipment to convey water from sources and to keep meadow uniformly moist. 1. Schedule watering to prevent wilting, puddling, erosion, and displacement of seed or mulch. Lay out temporary watering system to avoid walking over muddy or newly planted areas. 2. Water meadow with fine spray at a minimum rate of 1/2 inch per week for four weeks after planting unless rainfall precipitation is adequate. F. Maintenance: Maintenance period for the meadow shall be 1-year. During this time the contractor shall provide the following: 1. Once the meadow grasses have reached 6" in height, mow the meadow area. Continue to mow every 30-days (between the months of May-October) for the first year. 2. Spot treat weeds with a broadleaf herbicide. 3.10 CLEANUP AND PROTECTION A. remove soil and debris created by turf work from paved areas. Clean wheels of vehicles before leaving site to avoid tracking soil onto roads, walks, or other paved areas. B. Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of them off Millcreek Community Development Department's property. C. 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 plantings are established. D. Remove nondegradable erosion-control measures after grass establishment period. END OF SECTION 329200 ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 329300 – PLANTS 329300 - 1 SECTION 329300 – PLANTS – by Millcreek Community Development Department PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Plants. 2. Products 1.2 DEFINITIONS A. Backfill: The earth used to replace or the act of replacing earth in an excavation. B. Pesticide: A substance or mixture intended for preventing, destroying, repelling, or mitigating a pest. Pesticides include insecticides, miticides, herbicides, fungicides, rodenticides, and molluscicides. They also include substances or mixtures intended for use as a plant regulator, defoliant, or desiccant. Some sources classify herbicides separately from pesticides. C. Planting Soil: Existing, on-site soil; imported soil; or manufactured soil that has been modified with soil amendments and perhaps fertilizers to produce a soil mixture best for plant growth. See Section 329113 "Soil Preparation" for drawing designations for planting soils. D. Root Flare: Also called "trunk flare." The area at the base of the plant's stem or trunk where the stem or trunk broadens to form roots; the area of transition between the root system and the stem or trunk. 1.3 PREINSTALLATION MEETINGS A. Preinstallation Conference: Conduct conference at Project site. 1.4 ACTION SUBMITTALS D. Landscape Architect shall approve plant material at the nursery prior to delivery to the site. ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 329300 – PLANTS 329300 - 2 1.5 QUALITY ASSURANCE A. Provide quality, size, genus, species, and variety of plants indicated, complying with applicable requirements in ANSI Z60.1. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver bare-root stock plants within 24 hours of digging. Immediately after digging up bare-root stock, pack root system in wet straw, hay, or other suitable material to keep root system moist until planting. Transport in covered, temperature-controlled vehicles, and keep plants cool and protected from sun and wind at all times. B. Do not prune trees and shrubs before delivery. Protect bark, branches, and root systems from sun scald, drying, wind burn, 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 plants during shipping and delivery. Do not drop plants during delivery and handling. C. Handle planting stock by root ball. D. Store bulbs, corms, and tubers in a dry place at 60 to 65 deg F until planting. E. Deliver plants after preparations for planting have been completed, and install immediately. If planting is delayed more than six hours after delivery, set plants and trees in their appropriate aspect (sun, filtered sun, or shade), protect from weather and mechanical damage, and keep roots moist. 1.7 WARRANTY A. Special Warranty: Installer agrees to repair or replace plantings and accessories that fail in materials, workmanship, or growth within specified warranty period. 1. Failures include, but are not limited to, the following: a. Death and unsatisfactory growth, except for defects resulting from abuse, lack of adequate maintenance, or neglect by Millcreek Community Development Department. b. Structural failures including plantings falling or blowing over. 2. Warranty Periods: From date of Substantial Completion. a. Trees, Shrubs, Vines, and Ornamental Grasses: 12 months. b. Ground Covers, Biennials, Perennials, and Other Plants: 12 months. ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 329300 – PLANTS 329300 - 3 PART 2 - PRODUCTS 2.1 PLANT MATERIAL A. General: Furnish nursery-grown plants true to genus, species, variety, cultivar, stem form, shearing, and other features indicated in Plant List, Plant Schedule, or Plant Legend indicated on Drawings and complying with ANSI Z60.1; and with healthy root systems developed by transplanting or root pruning. Provide well-shaped, fully branched, healthy, vigorous stock, densely foliated when in leaf and free of disease, pests, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, and disfigurement. B. Root-Ball Depth: Furnish trees and shrubs with root balls measured from top of root ball, which begins at root flare according to ANSI Z60.1. Root flare shall be visible before planting. C. 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. 2.2 MULCHES A. Organic Mulch. Composted bark mulch 3" deep. PART 3 - EXECUTION 3.1 PLANTING AREA ESTABLISHMENT A. General: Prepare planting area for soil placement and mix planting soil according to Section 329113 "Soil Preparation." B. Placing Planting Soil: Place and mix planting soil in-place over exposed subgrade. C. Before planting, obtain Landscape Architect's acceptance of finish grading; restore planting areas if eroded or otherwise disturbed after finish grading. 3.2 EXCAVATION FOR TREES AND SHRUBS A. Planting Pits and Trenches: Excavate circular planting pits. ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 329300 – PLANTS 329300 - 4 1. Excavate planting pits with sides sloping inward at a 45-degree angle. Excavations with vertical sides are unacceptable. Trim perimeter of bottom leaving center area of bottom raised to support root ball and assist in drainage away from center. Do not further disturb base. Ensure that root ball will sit on undisturbed base soil to prevent settling. Scarify sides of planting pit smeared or smoothed during excavation. 2. Excavate approximately three times as wide as ball diameter. 3. Excavate at least 12 inches wider than root spread and deep enough to accommodate vertical roots for bare-root stock. 4. Do not excavate deeper than depth of the root ball, measured from the root flare to the bottom of the root ball. B. Backfill Soil: Subsoil and topsoil removed from excavations may not be used as backfill soil unless otherwise indicated. 3.3 TREE, SHRUB, AND VINE PLANTING A. Inspection: At time of planting, verify that root flare is visible at top of root ball according to ANSI Z60.1. If root flare is not visible, remove soil in a level manner from the root ball to where the top-most root emerges from the trunk. After soil removal to expose the root flare, verify that root ball still meets size requirements. B. Roots: Remove stem girdling roots and kinked roots. Remove injured roots by cutting cleanly; do not break. C. Set each plant plumb and in center of planting pit or trench with root flare 1 inch above adjacent finish grades. 1. Backfill: Planting soil. For trees, use excavated soil for backfill. 2. Stock: Carefully remove root ball from container without damaging root ball or plant. 3. Backfill around root ball in layers, tamping to settle soil and eliminate voids and air pockets. When planting pit is approximately one-half filled, water thoroughly before placing remainder of backfill. Repeat watering until no more water is absorbed. 4. Place planting tablets equally distributed around each planting pit when pit is approximately one-half filled. Place tablets beside the root ball about 1 inch from root tips; do not place tablets in bottom of the hole. a. Bare-Root Stock: Place tablets beside soil-covered roots; do not place tablets touching the roots. b. Quantity: Two per plant. 5. Continue backfilling process. Water again after placing and tamping final layer of soil. ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 329300 – PLANTS 329300 - 5 D. Slopes: When planting on slopes, set the plant so the root flare on the uphill side is flush with the surrounding soil on the slope; the edge of the root ball on the downhill side will be above the surrounding soil. Apply enough soil to cover the downhill side of the root ball. 3.4 TREE, SHRUB, AND VINE PRUNING A. Remove only dead, dying, or broken branches. Do not prune for shape. B. Do not apply pruning paint to wounds. 3.5 GROUND COVER AND PLANT PLANTING A. Set out and space ground cover and plants other than trees, shrubs, and vines as indicated on Drawings in even rows with triangular spacing. B. Use planting soil for backfill. C. Dig holes large enough to allow spreading of roots. D. Work soil around roots to eliminate air pockets and leave a slight saucer indentation around plants to hold water. E. Water thoroughly after planting, taking care not to cover plant crowns with wet soil. F. Protect plants from hot sun and wind; remove protection if plants show evidence of recovery from transplanting shock. 3.6 PLANTING AREA MULCHING A. Install weed-control barriers before mulching according to manufacturer's written instructions. Completely cover area to be mulched, overlapping edges a minimum of and secure seams with galvanized pins. B. Mulch backfilled surfaces of planting areas and other areas indicated. 1. Trees in Turf Areas: Apply mulch ring of average thickness, with radius around trunks or stems. Do not place mulch within of trunks or stems. 2. Organic Mulch in Planting Areas: Apply 3-inch average thickness of organic mulch over whole surface of planting area, and finish level with adjacent finish grades. Do not place mulch within 3 inches of trunks or stems. ---PAGE BREAK--- Sunnyvale Park Construction Specifications SECTION 329300 – PLANTS 329300 - 6 3.7 EDGING INSTALLATION A. Shovel-Cut Edging: Separate mulched areas from turf areas, curbs, and paving with a 45- degree, 4- to 6-inch- deep, shovel-cut edge. 3.8 PLANT MAINTENANCE A. Maintain plantings by pruning, cultivating, watering, weeding, fertilizing, mulching, resetting to proper grades or vertical position, and performing other operations as required to establish healthy, viable plantings. B. Fill in, as necessary, soil subsidence that may occur because of settling or other processes. Replace mulch materials damaged or lost in areas of subsidence. C. Apply treatments as required to keep plant materials, planted areas, and soils free of pests and pathogens or disease. Use integrated pest management practices when possible to minimize use of pesticides and reduce hazards. Treatments include physical controls such as hosing off foliage, mechanical controls such as traps, and biological control agents. D. Apply pesticides and other chemical products and biological control agents according to authorities having jurisdiction and manufacturer's written recommendations. Coordinate applications with Millcreek Community Development Department's operations and others in proximity to the Work. Notify Millcreek Community Development Department before each application is performed. E. Protect plants from damage due to landscape operations and operations of other contractors and trades. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged plantings. Maintenance period should last 30 days after installation. F. At time of Substantial Completion, verify that tree-watering devices are in good working order and leave them in place. Replace improperly functioning devices. END OF SECTION 329300 ---PAGE BREAK--- 323113 - 1 SECTION 323113 - CHAIN LINK FENCES AND GATES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Vinyl coated Galvanized-steel chain link fabric. 2. Vinyl coated Galvanized-steel framework. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 31 Section "Earth Moving" for filling and grading work. 1.3 SUBMITTALS A. General: Submit all fence components according to the Conditions of the Contract and Division 1 Specification Sections. B. Product data in the form of manufacturer's technical data, specifications, and installation instructions for fence and gate posts, fabric, gates, gate operators, and accessories. C. Shop drawings showing location of fence, gates, each post, and details of post installation, extension arms, gate swing, hardware, and accessories. 1.4 QUALITY ASSURANCE A. Installer Qualifications: Engage an experienced Installer who has at least three years' ---PAGE BREAK--- 323113 - 2 experience and has completed at least five chain link fence projects with same material and of similar scope to that indicated for this Project with a successful construction record of in-service performance. B. Single-Source Responsibility: Obtain chain link fences and gates, including accessories, fittings, and fastenings, from a single source. 1.5 PROJECT CONDITIONS A. Field Measurements: Verify layout information for fences and gates shown on the Drawings in relation to the property survey and existing structures. Verify dimensions by field measurements. 1.6 MISCELLANEOUS REQUIREMENTS A. Deliver, store, uncrate, handle and install in manner to prevent damage to equipment. B. Remove from site all debris resulting from installation of materials and equipment specified herein. C. Finish of all materials and equipment shall be appropriate for exterior locations. PART 2 - PRODUCTS 2.1 GENERAL A. Dimensions shown for pipe, roll-formed, and H-sections are outside dimensions. B. Manufacturer: Subject to compliance with requirements. C. All fencing and components are to be polymer coated steel. Color: Black 2.2 FABRIC - FENCING ---PAGE BREAK--- 323113 - 3 A. Selvage: Knuckled at both selvages. B. Steel Chain-Link Fence Fabric: Fabricated in one-piece widths for fencing 5 feet and less in height to comply with Chain Link Fence Manufacturers Institute (CLFMI) "Product Manual" and with requirements indicated below: 1. Mesh and Wire Size: a. Standard Fence - 2-inch mesh, 0.148-inch diameter (9 gauge). C. All fence shall be PVC coated as follows: 1. PVC Coating Color: As selected by Architect from manufacturers' standard colors complying with ASTM F 934. 2. Coating: ASTM F 688, Class 2B, PVC. 3. COLOR: BLACK 2.3 FRAMING A. Round member sizes are given in actual outside diameter (OD) to the nearest thousandth of inches. Round fence posts and rails are often referred to in ASTM standard specifications by nominal pipe sizes (NPS) or the equivalent trade sizes in inches. The following indicates these equivalents all measured in inches: Actual OD NPS Size Trade Size 1.315 1 1-3/8 1.660 1-1/4 1-5/8 1.900 1-1/2 2 2.375 2 2-1/2 2.875 2-1/2 3 3.500 3 3-1/2 4.000 3-1/2 4 6.625 6 6-5/8 8.625 8 8-5/8 B. Type I Round Posts: Standard weight (schedule 40) polymer coated galvanized-steel ---PAGE BREAK--- 323113 - 4 pipe conforming to ASTM F 1083, according to heavy industrial requirements of ASTM F 669, Group IA,. Minimum yield strength of 30,000 psi or 83,000 psi, if indicated in specification or on drawing, not less than 1.8 oz. of zinc per sq. ft. Type A coating inside and outside according to ASTM F 1234, as determined by ASTM A 90, and weights per foot as follows: Actual OD Weight (lb/ft) NPS Size 1.315 1.68 1 1.660 2.27 1-1/4 1.900 2.72 1-1/2 2.375 3.65 2 2.875 5.79 2-1/2 3.500 7.58 3 4.000 9.11 3-1/2 6.625 8.97 6 8.625 28.55 8 C. Top Rail: Manufacturer's longest (17 to 21 feet) with swedged-end or expansion-type coupling, approximately 6 inches long for joining. Provide rail ends or other means for attaching top rail securely to each gate corner, pull, and end post. 1. Round Steel: 1.660-inch OD Type I or II steel pipe. D. Framing 1. Steel posts for fabric heights greater than 3 feet and less than or equal to 5 feet: a. Round Line or Intermediate Posts: 2.375-inch OD Type I or II steel pipe, spaced every 8 feet. b. Round End, Corner, and Pull Posts: 3.000-inch OD Type I or II steel pipe. c. Top Rail: Manufacturer's longest with expansion type couplings, approximately 60 long, for each joint. Provide means for attaching top rail securely to each gate, corner, pull and end post. 1) 1.660 OD pipe, 2.27 lbs. per ft. d. Provide center brace rail for 8 foot fence. 1) 1.660 OD pipe, 2.27 lbs. per ft. ---PAGE BREAK--- 323113 - 5 e. Polymer Coated Color: Pipe: Polymer coated pipe shall have a PVC coating fused and adhered to the exterior zinc coating of the specified galvanized pipe. The coating shall have a minimum thickness 10-mils (0.254 mm) in accordance with the provisions listed in ASTM F 1043. Color shall be as selected by Architect from manufacturers’ standard colors complying with ASTM F934. 1) COLOR: BLACK 2.4 FITTINGS AND ACCESSORIES A. Material: Comply with ASTM F 626. Mill-finished aluminum or galvanized iron or steel to suit manufacturer's standards. 1. Steel and Iron: Unless specified otherwise, hot-dip galvanize pressed steel or cast-iron fence fittings and accessories with at least 1.2 oz. zinc per sq. ft. as determined by ASTM A 90. 2. Supplemental Color Coating: In addition to above metallic coatings, provide a 10-mil minimum polyvinyl chloride (PVC) plastic resin finish applied to exterior surfaces and, except inside cap shapes, to exposed interior surfaces. Color to match chain link fabric(Black). B. Post and Line Caps: Provide weathertight closure cap for each post. Provide line post caps with loop to receive tension wire or top rail. C. Bottom and Center Rail: If shown on detail, same material as top rail. Provide manufacturer's standard galvanized-steel, cast-iron or cast-aluminum cap for each end. Provide bottom rail at baseball backstop only. Provide center rail at 8 ft. high fences or over. D. Tension or Stretcher Bars: Hot-dip galvanized steel with a minimum length 2 inches less than the full height of fabric, a minimum cross section of 3/16 inch by 3/4 inch, and a minimum of 1.2 oz. of zinc coating per sq. ft. Provide one bar for each gate and end post, and two for each corner and pull post, except where fabric is integrally woven into the post. E. Tension and Brace Bands: 3/4-inch-wide minimum hot-dip galvanized steel with a minimum of 1.2 oz. of zinc coating per sq. ft. ---PAGE BREAK--- 323113 - 6 1. Tension Bands: 0.074 inch thick (14 gage) minimum. 2. Brace Bands: 0.105 inch thick (12 gage) minimum. F. Tension Wire: 0.177-inch-diameter metallic-coated steel marcelled tension wire conforming to ASTM A 824 with finish to match fabric. Provide at all fencing except baseball backstop. 1. Coating Type II zinc in the following class as determined by ASTM A 90. a. Class 2, with a minimum coating weight of 1.20 oz. per sq. ft. of uncoated wire surface. G. Tie Wires: 0.106-inch-diameter (12-gage) galvanized steel with a minimum of 0.80 oz. per sq. ft. of zinc coating according to ASTM A 641, Class 3 or 0.148-inch-diameter gage) aluminum wire alloy 1350-H19 or equal, to match fabric wire. 2.5 CONCRETE A. Concrete: Provide truck poured concrete consisting of portland cement per ASTM C 150, aggregates per ASTM C 33, and potable water. Mix materials to obtain concrete with a minimum 28-day compressive strength of 3000 psi. Use at least four sacks of cement per cu. yd., 1-inch maximum size aggregate, 3-inch maximum slump. 2.6 SWING GATES A. All Swing gates shall be constructed in conformance with ASTM F 900. B. Swing Gates: Galvanized steel welded fabrication in compliance with ASTM F 900. Gate frame members 1.900 in OD (48.3 mm) ASTM F 1083 schedule 40 galvanized steel pipe. Frame members spaced no greater than 8 ft. apart vertically and horizontally. Welded joints protected by applying zincrich paint in accordance with ASTM Practice A 780. Galvanized malleable iron or heavy gauge pressed steel post and frame hinges. Match gate fabric to that of the fence system. Gateposts, ASTM F 1083 schedule 40 galvanized steel pipe. Gate post diameter to match diameter of terminal posts diameter shown on plans or chart below, which ever is greater. Polymer coated gate frames and gateposts, match the coating type and color to that specified for the fence framework. Moveable parts such as hinges, latches and drop rods may be field coated using a liquid polymer field touch. ---PAGE BREAK--- 323113 - 7 1. Hinges: 360-degree outward swing. 2. Latches permitting operation from both sides of grate with provision for padlocking accessible from both sides of gate. 3. Drop bars to hold gate leaves open: one per leaf. 4. Manufacturer’s standard. Gateposts: Schedule 40 pipe in compliance with ASATM F 1083. Gate fabric height up to and including 6 ft. (1.2 m) Gate leaf width Post Outside Diameter Weight up to 4 ft. (1.2 m) 2,375 in. (60.3 mm) 3.65 lb/ft (5.4 kg/m) over 4 ft. to 10 ft. (1.2 to 3.05 2,875 in. (73.0 mm) 5.79 lb/ft (8.6 kg/m) m) 4,000 in. (101.6 mm) 9.11 lb/ft (13.6 kg/m) over 10 ft. to 18 ft. (3.05 to 5.5 m) Gate fabric height over 6 ft. to 12 ft. (1.2 to 2.4m) Gate leaf width up to 6 ft. (1.8 m) 2,875 in. (73.0 mm) 5.79 lb/ft (8.6 kg/m) over 6 ft. to 12 ft. (1.8 to 3.7 4,000 in. (101.6 mm) 9.11 lb/ft (13.6 kg/m) m) 6,625 in. (168.3 mm) 18.97 lb/ft (28.2 over 12 ft. to 18 ft. (2.4 to 5.5 8,625 in. (219.1 mm) kg/m) m) 28.58 lb/ft (42.5 over 18 ft. to 24 ft. (5.5 to 7.3 kg/m) m) C. Hinges shall be structurally capable of supporting gate leaf and allow opening and closing without binding. Non-lift-off type hinge design shall permit gate to swing. PART 3 - EXECUTION 3.1 INSTALLATION A. General: Install fence to comply with ASTM F 567. Do not begin installation and ---PAGE BREAK--- 323113 - 8 erection before final grading is completed, unless otherwise permitted. 1. Apply fabric to outside of framework. Install perimeter fencing inside of property line established by survey as required by Division 1. B. Excavation: Drill or hand-excavate (using post-hole digger) holes for posts to diameters and spacings indicated, in firm, undisturbed or compacted soil. 1. If not indicated on Drawings, excavate holes for each post to minimum diameter recommended by fence manufacturer, but not less than four times the largest cross section of post. 2. Unless otherwise indicated, excavate hole depths approximately 3 inches lower than post bottom, with bottom of posts set not less than 36 inches below finish grade surface. C. Setting Posts: Center and align posts in holes 3 inches above bottom of excavation. Space a maximum of 8 feet o.c., unless otherwise indicated. 1. Protect portion of posts above ground from concrete splatter. Place concrete around posts and vibrate or tamp for consolidation. Check each post for vertical and top alignment, and hold in position during placement and finishing operations. a. Unless otherwise indicated, extend concrete footings 2 inches above grade and trowel to a crown to shed water. D. Top Rails: Run rail continuously through line post caps, bending to radius for curved runs and at other posts terminating into rail end attached to posts or post caps fabricated to receive rail. Provide expansion couplings as recommended by fencing manufacturer. E. Center Rails: Install center rails in one piece between posts and flush with post on fabric side, using rail ends and special offset fittings where necessary. F. Brace Assemblies: Install braces at end and gate posts and at both sides of corner and pull posts. Locate horizontal braces at midheight of fabric on fences with top rail and at two thirds fabric height on fences without top rail. Install so posts are plumb when diagonal rod is under proper tension. ---PAGE BREAK--- 323113 - 9 G. Bottom Tension Wire: Install tension wire within 6 inches of bottom of fabric before stretching fabric and tie to each post with not less than same gage and type of wire. Pull wire taut, without sags. Fasten fabric to tension wire with 0.120-inch-diameter (11-gage) hog rings of same material and finish as fabric wire, spaced a maximum of 24 inches o.c. H. Fabric: Leave approximately 2 inches between finish grade and bottom selvage unless otherwise indicated. Pull fabric taut and tie to posts, rails, and tension wires. Install fabric on security side of fence, and anchor to framework so that fabric remains under tension after pulling force is released. I. Tension or Stretcher Bars: Thread through fabric and secure to end, corner, pull, and gate posts with tension bands spaced not over 15 inches o.c. J. Tie Wires: Use wire of proper length to secure fabric firmly to posts and rails. Bend ends of wire to minimize hazard to persons or clothing. 1. Maximum Spacing: Tie fabric to line posts 12 inches o.c. and to rails and braces 24 inches o.c. K. Fasteners: Install nuts for tension bands and carriage bolts on the side of the fence opposite the fabric side. Peen ends of bolts or score threads to prevent removal of nuts for added security. END OF SECTION 323113 ---PAGE BREAK--- 321823 – 1 SECTION 321823 - CONCRETE FUTSAL PITCH SURFACE COLOR COATING SYSTEM PART 1 GENERAL 1.1 SECTION INCLUDES A. Concrete futsal pitch surface color coating system. 1.2 RELATED REQUIREMENTS A. See drawing S 1.1, S 1.2 1.3 REFERENCE STANDARDS A. American Sports Builders Association (ASBA). B. United States Futsal Federation (USFF). 1.4 SUBMITTALS A. Comply with Section 01330 (01 33 00) – Submittal Procedures. B. Product Data: Submit manufacturer’s product data, including surface and crack preparation and application instructions. C. Samples: Submit manufacturer’s color samples of color coating. D. Test Reports: 1. Submit independent test results for solar reflectance index. 2. Submit independent test results for 2000 Hour ASTM G154, accelerated weathering UV test, to demonstrate long-term durability and fade resistance. 3. Submit independent test results for 2000 Hour, accelerated weathering ASTM G155 Xenon Arc test, to demonstrate long-term fade resistance and quality of pigment. E. Manufacturer’s Certification: Submit manufacturer’s certification that materials comply with specified requirements and are suitable for intended application. F. Manufacturer’s Project References: Submit manufacturer’s list of successfully completed concrete futsal pitch surface color coating system projects, including project name, location, and date of application. G. Applicator’s Project References: Submit applicator’s list of successfully completed concrete futsal pitch surface color coating system projects, including project name, location, type and quantity of color coating system applied, and date of application. ---PAGE BREAK--- 321823 – 2 H. Warranty Documentation: Submit manufacturer’s standard warranty. 1.5 QUALITY ASSURANCE A. Manufacturer’s Qualifications: 1. Manufacturer regularly engaged, for past 5 years, in manufacture of concrete futsal pitch surface color coating systems of similar type to that specified. 2. United States owned company. 3. Member: ASBA. 4. Manufacturer has surfaces that are classified by the ITF’s (International Tennis Federation) pace classification program. B. Applicator's Qualifications: 1. Applicator regularly engaged, for past 3 years, in application of futsal pitch surface color coating systems of similar type to that specified. 2. Employ persons trained for application of futsal pitch surface color coating systems. 1.6 DELIVERY, STORAGE, AND HANDLING A. Delivery and Acceptance Requirements: Deliver materials to site in manufacturer’s original, unopened containers and packaging, with labels clearly identifying product name and manufacturer. B. Storage and Handling Requirements: 1. Store and handle materials in accordance with manufacturer’s instructions. 2. Keep materials in manufacturer’s original, unopened containers and packaging until application. 3. Store materials in clean, dry area indoors. 4. Store materials out of direct sunlight. 5. Keep materials from freezing. 6. Protect materials during storage, handling, and application to prevent contamination or damage. 7. Close containers when not in use. 1.7 AMBIENT CONDITIONS A. Do not apply concrete futsal pitch surface color coating system when air or surface temperatures are below 50 degrees F during application or within 24 hours after application. B. Do not apply concrete futsal pitch surface color coating system when rain is expected during application or within 24 hours after application. PART 2 PRODUCTS ---PAGE BREAK--- 321823 – 3 2.1 MATERIALS A. Concrete Futsal pitch Surface Color Coating System: B. Crack Sealant: SportMaster “Crack Magic” OR Similar 1. 100 percent acrylic emulsion elastomeric crack sealant. 2. Seals cracks and expansion joints up to 1/2 inch wide in concrete pavement. 3. Weight per Gallon at 77 Degrees F: 8.8 lbs., plus or minus 0.5 lbs. 4. Non-Volatile Material: 61 percent, plus or minus 5 percent. 5. Color: [Neutral] . C. Crack Filler: SportMaster “Acrylic Crack Patch” OR Similar. 1. 100 percent acrylic emulsion trowel-grade crack filler. 2. Fills cracks in concrete pavement up to 1 inch wide. 3. Chemical Characteristics, by Weight, Minimum: a. Acrylic Emulsion: 10.0 percent. b. Hiding Pigment: 0.2 percent. c. Mineral Inert Fillers: 78.0 percent. d. Film Formers, Additives: 1.8 percent. e. Water: 8.5 percent. 4. Weight per Gallon at 77 Degrees F: 15.2 lbs., plus or minus 1.0 lbs. 5. Non-Volatile Material: 80 percent, plus or minus 5 percent. 6. Color: [Neutral] D. Patch Binder: SportMaster “Acrylic Patch Binder” OR Similar. 1. 100 percent acrylic emulsion liquid binder. 2. Mix on-site with sand and cement. 3. Levels and repairs low spots and depressions up to 3/4 inch deep in concrete pavement. 4. Fills Cracks in concrete up to 1” in width. 5. Weight per Gallon at 77 Degrees F: 8.8 lbs., plus or minus 0.5 lbs. E. Adhesion Promoter: SportMaster “Acrylic Adhesion Promoter” OR Similar. 1. Acrylic emulsion primer. 2. Primes concrete surface and promotes adhesion of color coating system materials. 3. Weight per Gallon at 77 Degrees F: 8.7 lbs., plus or minus 0.5 lbs. F. Filler Course: SportMaster “Acrylic Resurfacer” OR Similar. 1. 100 percent acrylic emulsion resurfacer. 2. Mix on-site with silica sand. 3. Apply to adhesion promoter or previously colored acrylic surfaces in preparation of color coating system. 4. Chemical Characteristics, by Weight, Minimum: a. Acrylic Emulsion: 44.0 percent. b. Hiding Pigment: 2.0 percent. c. Mineral Inert Fillers: 5.0 percent. ---PAGE BREAK--- 321823 – 4 d. Film Formers, Additives: 0.2 percent. e. Water: 45.0 percent. 5. Weight per Gallon at 77 Degrees F: 8.5 lbs., plus or minus 0.5 lbs. 6. Non-Volatile Material: 27.5 percent, plus or minus 5.0 percent. 7. Color: [Neutral]. G. Color Coating: SportMaster “ColorPlus System” OR Similar. 1. 100 percent acrylic emulsion coating. 2. Mix on-site with silica sand and water. 3. Color coats tennis and multipurpose courts. 4. Weight per Gallon at 77 Degrees F: 9.2 lbs., plus or minus 0.5 lbs. 5. Color: [Beige]-Exterior of futsal pitch [Blue(Millcreek Blue)]-Futsal Pitch . H. Line Markings Primer: SportMaster “Stripe-Rite” OR Similar. 1. 100 percent acrylic emulsion primer, clear drying. 2. Primes line markings and prevents bleed-under for sharp lines. 3. Chemical Characteristics, by Weight, Nominal: a. Acrylic Emulsion: 38.0 percent. b. Hiding Pigment: 0.0 percent. c. Mineral Inert Fillers: 7.0 percent. d. Film Formers, Additives: 1.5 percent. e. Water: 50.0 percent. 4. Weight per Gallon at 77 Degrees F: 8.9 lbs., plus or minus 0.5 lbs. 5. Non-Volatile Material: 29 percent, plus or minus 5 percent. I. Line Paint: SportMaster “Textured Line Paint” OR Similar. 1. Pigmented, 100 percent acrylic emulsion line paint. 2. Line marking on concrete futsal pitchs. 3. Chemical Characteristics, by Weight, Nominal: a. Acrylic Emulsion: 25.89 percent. b. Pigment: 14.90 percent. c. Mineral Inert Fillers: 13.12 percent. d. Additives: 4.73 percent. e. Water: 41.36 percent. 4. Weight per Gallon at 77 Degrees F: 10.65 lbs., plus or minus 0.75 lbs. 5. Non-Volatile Material: 45.17 percent, plus or minus 5 percent. 6. Color: White. PART 3 EXECUTION 3.1 EXAMINATION A. Examine concrete futsal pitch surfaces to receive color coating system. B. Verify: ---PAGE BREAK--- 321823 – 5 1. Suitable vapor barrier beneath concrete slab. 2. Perimeter drainage to prevent moisture accumulation beneath concrete surface. 3. Curing compounds have not been used on concrete surface. 4. Concrete futsal pitchs meet USFF requirements. C. Notify Architect of conditions that would adversely affect application or subsequent use. D. Do not begin surface preparation or application until unacceptable conditions are corrected. 3.2 SURFACE PREPARATION A. Protection of In-Place Conditions: Protect adjacent surfaces and landscaping from contact with concrete futsal pitch surface color coating system. B. Prepare surfaces in accordance with manufacturer’s instructions. C. New Concrete: 1. Cure new concrete surfaces a minimum of 28 days before application of concrete futsal pitch surface color coating system. 2. Provide medium broom finish or similar roughened texture. 3. Do not steel trowel finish. 4. Acid etch surface per manufacturers specifications, then rinse thoroughly. D. Existing Concrete: 1. Sandblast, shotblast, or scarify smooth concrete surfaces to roughened texture similar to medium broom finish. 2. Acid etch surface per manufacturers specifications, then rinse thoroughly. E. Remove dirt, dust, debris, oil, grease, sealers, curing compounds, vegetation, loose coatings, loose materials, and other surface contaminants which could adversely affect application of concrete futsal pitch surface color coating system. Pressure wash entire surface. F. Repair cracks, depressions, and surface defects in accordance with manufacturer’s instructions before application of color coating. G. Repair spalled areas and level depressions 1/8 inch and deeper with patch binder in accordance with manufacturer’s instructions. H. Apply adhesion promoter over entire concrete surface in accordance with manufacturer’s instructions. I. Apply 1 coat of filler course to provide smooth underlayment for application of color coating. J. Ensure surface repairs are flush and smooth to adjoining surfaces. ---PAGE BREAK--- 321823 – 6 3.3 APPLICATION A. Apply concrete futsal pitch surface color coating system in accordance with manufacturer’s instructions at locations indicated on the Drawings. B. Mix materials in accordance with manufacturer’s instructions. C. Apply Filler Course and Color Coating with a 50-60 durometer, soft rubber squeegee. D. Filler Course: 1. Apply 1 coat on new concrete or existing acrylic surfaces with minimal repairs. 2. Apply 2 coats on existing acrylic surfaces with extensive cracks or low spot repair. E. Apply a minimum of 2 coats of color coating to prepared surfaces in accordance with manufacturer’s instructions. F. Allow material drying times in accordance with manufacturer’s instructions before applying other materials or opening completed surface to foot traffic. 3.4 LINE MARKINGS A. Lay out futsal pitch line markings in accordance with USFF Regulations. B. Apply line markings primer, after masking tape has been laid, to seal voids between masking tape and futsal pitch surface to prevent bleed-under when line paint is applied. C. Apply a minimum of 1 coat of line paint in accordance with manufacturer’s instructions. 3.5 PROTECTION A. Allow a minimum of 24 hours curing time before opening futsal pitchs for play. B. Protect applied concrete futsal pitch surface color coating system to ensure that, except for normal weathering, coating system will be without damage or deterioration at time of Substantial Completion. END OF SECTION 321823