Johnson Drive Landscape Renovation Project

Project Manual for JOHNSON DRIVE LANDSCAPE RENOVATION LS-2024-01 Published: January 10, 2024 NOTICE INVITING BIDS LS-2024-01 - JOHNSON DRIVE LANDSCAPE RENOVATION PROJECT The City of Mission, Kansas (City) will accept sealed bids from qualified firms interested in providing landscape renovations to include native planting along Johnson Drive between Lamar Avenue and Maple Street. The bid document can be obtained from the City’s website at: https://www.missionks.org/city-services/do-business-in-mission/open-bids-rfps/ or Drexel Technologies Plan Room at: https://planroom.drexeltech.com. Bids must be received in the City of Mission City Clerk’s Office by 2:00 p.m. Central Standard Time on January 31, 2024. Bids can be hand delivered or mailed to the City of Mission, Attn: City Clerk,

6090 Woodson Street, Mission, KS 66202. The City reserves the right to reject any and all bids, to waive technical defects in the bids, and to select the bid deemed most responsible and responsive by the City of Mission. A non-mandatory pre-bid meeting will be held on Wednesday, January 17, 2024, at 2:00 p.m. at City Hall - 6090 Woodson Street, Mission, KS 66202. Questions relating to this Bid and any requests for clarification, and/or additional information deemed necessary by any responding firm shall be submitted in writing via email and directed to Brent Morton, bmorton@missionks.org. No requests will be accepted after 2:00 pm January 26, 2024. All information requests and/or Bid clarifications received prior to 2:00 pm on January 26, will be responded to in writing by the City addressed to all known interested firms though Drexel Technologies. https://www.missionks.org/city-services/do-business-in-mission/open-bids-rfps/ https://planroom.drexeltech.com/ mailto:bmorton@missionks.org B1 BID LS-2024-01 - JOHNSON DRIVE LANDSCAPE RENOVATION PROJECT TO: CITY OF MISSION, JOHNSON COUNTY, KANSAS Neither the City nor Consultant shall be responsible for the accuracy, completeness, or sufficiency of any bid documents obtained from any source other than the source indicated in the Notice to Bidders. Obtaining copies of plans, specifications, bid documents and other contract documents from any other source(s) may result in obtaining incomplete and inaccurate information. Obtaining these documents from any source other than directly from the source listed in the Notice to Bidders may also result in failure to receive any addenda, corrections, or other revisions to these documents that may be issued. The undersigned bidder hereby proposes to mobilize and furnish all materials, supplies, transportation, tools, equipment and plant, perform all necessary labor and construct, install and complete all work stipulated in, required by, and in conformity with the proposed contract documents (including all documents referred to therein) and any and all addenda thereto, for and in consideration of prices as follows: BID SHEET JOHNSON DRIVE LANDSCAPE RENOVATION PROJECT ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT COST $ COST $ 1 Force Account Lump Sum 1 $15,000.00 $15,000.00 2 Removal of Existing Vegetation Lump Sum 1 3 Traffic Control Lump Sum 1 4 Allium cernuum (Nodding Onion) #1 Cont. Each 486 5 Antennaria plataginifolia (Pussytoes) 32/38 Cell plug Each 162 6 Asclepias tuberosa (Butterfly Milkweed) #1 Cont. Each 787 7 Baptisia x ‘Purple Smoke’ (Purple Smoke Wild Indigo) #1 Cont. Each 46 8 Bouteloua curtipendula (Side Oats Grama) 32/28 Cell plug Each 78 9 Bouteloua gracilis (Blue Grama) 32/28 Cell plug Each 1,399 10 Carex albicans (White-tinged Sedge) 32/38 Cell plug Each 1,188 11 Carex brevior (Oval Sedge) 32/38 Cell Plug Each 78 12 Coreopsis lanceolata (Lanceleaf Coreopsis) Quart Each 638 B2 13 Dalea purpurea (Purple Prairie Clover) Quart Each 150 14 Echinacea purpurea ‘PAS702917’ (PowWow Wild Berry Coneflower) #1 Cont. Each 550 15 Eurybia divaricata (White Wood Aster) Quart Each 46 16 Glandularia canadensis (Rose Verbena) #1 Cont. Each 1,337 17 Liatris spicata ‘Kobold’ (Kobold Blazing Star) #1 Cont. Each 504 18 Oenothera macrocarpa (Evening Primrose) Quart Each 42 19 Rudbeckia fulgida ‘Little Goldstar’ (Little Goldstar Coneflower) #1 Cont. Each 178 20 Ruella humilis (Wild Petunia) Quart Each 404 21 Solidago flexicalus (Zigzag Goldenrod) Quart Each 105 22 Sporobolus heterolepis ‘Tara’ (Tara Prairie Dropseed) #1 Cont. Each 1,496 23 Symphyotrichum oblongifolium ‘October Skies’ (October Skies Fall Aster) #1 Cont. Each 126 TOTAL BID $ ____ 1. The undersigned further agrees to begin upon the date stated in the Notice to Proceed and to complete the work, if this bid is accepted, as stated herein: A. The Notice to Proceed is anticipated to be September 25, 2024. The undersigned also declares that it understands that if not preset by the City the time to begin construction and to complete the work will be one factor considered in determining the lowest and best responsible bidder. The undersigned also declares that he/she understands that liquidated damages based on the full bid price of the contract shall be assessed against Contractor, as stipulated liquidated damages and not as a penalty, in an amount as set forth in paragraph GC-46 of the General Conditions for each and every calendar day the work remains incomplete over the specified completion times in parts A through B stated above. 2. In submitting this bid, the undersigned declares that it is of lawful age and executed the accompanying bid on behalf of the bidder therein named, and that it had lawful authority so to do. The undersigned further declares that it has not directly or indirectly entered into any agreement, expressed or implied, with any bidder or bidders, having for its object the controlling of the price or amount of such bid or any bids, the limiting of the bid or bidders, the parceling or farming out to any bidder or bidders, or other persons, of any part of the contract or any part of the subject matter of the bid or bids or of the profits thereof, and that it has not and will not divulge the sealed bid to any person whomsoever, except those B3 having a partnership or other financial interest with bidder in said bid or bids, until after sealed bid or bids are opened. 3. The undersigned further declares that it has carefully examined the Notice to Bidders, Instructions to Bidders and other contract documents, and that it has inspected the actual location of the work, together with the local sources of supply, and has satisfied itself as to all conditions and quantities and understands that in signing this Bid it waives all right to plead any misunderstanding regarding the same. 4. The undersigned hereby agrees to furnish the required bonds and insurance certificates and execute an agreement within ten (10) calendar days from and after notice of the award of the contract, and failure of the bidder to do so shall constitute a default, and the City may thereafter take such steps to protect its legal rights as it deems in its best interest, including, but not limited to, enforcement of its rights as to bid security. 5. It is understood that the City will pay in a prompt and timely manner pay estimates when submitted and approved by the Architect/Engineer and further approved by the City staff coordinator for the project, all as provided in the contract documents. 6. Undersigned acknowledges receipt of the Plans and Specifications for the project including the following addenda (complete) . 7. The undersigned agrees to sign a contract for the bid price on this bid form up until the date of October 31, 2024. Enclosed is a certified check, cashier's check or bid bond in the amount of DOLLARS ($ ) which the undersigned agrees is subject to being forfeited to and becoming the property of the City as liquidated damages and not as a penalty, together with other legal remedies the City may choose to invoke, all as set forth in the Instructions to Bidders Section IB-9, should this Bid be accepted and the contract be awarded to this bidder and it should fail to enter into an agreement in the form prescribed and to furnish the required insurance, bonds and other required documents within ten (10) calendar days as above stipulated, otherwise the bid security shall be returned to the undersigned upon signing of the agreement and delivery of the approved bonds and other required documents to the City of Mission, Kansas. DATED in this day of , 2024. (SEAL) Contractor Signature Printed Name Title B4 Street Address or P.O. Box City, State, Zip Telephone Number Fax Number A-1 Rev. 6/28/12 CITY OF MISSION, KANSAS AGREEMENT BETWEEN CITY OF MISSION, KANSAS AND CONTRACTOR LS-2024-01 - JOHNSON DRIVE LANDSCAPE RENOVATION PROJECT THIS AGREEMENT is made and entered into this day of , 2024 by and between the City of Mission, Kansas, hereinafter the "City", and , hereinafter the "Contractor". WITNESSETH: WHEREAS, the City has caused to be prepared, in accordance with the law, Notice to Bidders, Instructions to Bidders, Bid, this Agreement, General Conditions, Project Special Provisions, Plans, Specifications and other Contract Documents, as defined in the General Conditions, for the work herein described, and has approved and adopted these said Contract Documents and has caused to be published, in the manner and for the time required by law, an advertisement inviting sealed Bids for furnishing construction materials, labor, tools, equipment and transportation necessary for, and in connection with, the construction of public improvements in accordance with the terms of this Agreement; and WHEREAS, the Contractor, in response to the advertisement, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of this Agreement; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the Bids submitted, and as a result of this canvass has, in accordance with the law, determined and declared the Contractor to be the lowest and best responsible bidder for the construction of the public improvements, and has duly awarded to the Contractor a contract therefor upon the terms and conditions set forth in this Agreement and for the sum or sums named in the Bid attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the compensation to be paid the Contractor, and of the mutual agreements herein contained, the parties hereto have agreed, and hereby agree, the City for itself and its successors, and the Contractor for itself, himself/herself or themselves, its, his/her or their successors and assigns, or its, his/her or their executors and administrators, as follows: ARTICLE I. The Contractor will furnish at its own cost and expense all labor, tools, equipment, materials and transportation required to construct and complete the work as designated, described and required by the Contract Documents, to wit: LS-2024-01 - JOHNSON DRIVE LANDSCAPE RENOVATION PROJECT , all in accordance with the Notice to Bidders, Instructions to Bidders, Bid, this Agreement, General Conditions, Project Special Provisions, Plans, Specifications and other Contract Documents as defined in paragraph GC-1 of the General Conditions of the Contract for Construction, on file with the City Clerk of Mission, Kansas, all of which Contract Documents form the Contract, and are as fully a part hereof as if repeated verbatim herein; all work to be done in a good, substantial and workmanlike manner to the entire satisfaction of the City, and in accordance with the laws of the City, the State of Kansas and the United States of America. All terms used herein shall have the meanings ascribed to them in the General Conditions unless otherwise specified. A-2 Rev. 6/28/12 ARTICLE II. The City shall pay to the Contractor for the performance of the work embraced in this Contract, and the Contractor will accept in full compensation therefor, the sum of DOLLARS ($ ) (subject to adjustment as provided by the Contract Documents) for all work covered by and included in the Contract award and designated in the foregoing Article I, payment thereof to be made in cash or its equivalent and in the manner provided in the Contract Documents. ARTICLE III. The Contractor shall commence work upon the date stated in the Notice to Proceed, and will complete all work covered by this Contract no later than 90 days subject to the conditions set forth in section 1.18, CONSTRUCTION LIMITATIONS, of the Project Special Provisions. Liquidated damages based on the full bid price of the Contract shall be assessed against Contractor, as stipulated liquidated damages and not as a penalty, in an amount as set forth in paragraph GC-46 of the General Conditions for each and every calendar day the work remains incomplete over the specified completion time(s) stated above. ARTICLE IV. The Contractor shall not subcontract, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof without previous written consent of the City. In case such consent is given, the Contractor shall be permitted to subcontract a portion thereof, but shall self- perform not less than forty percent (40%) of the total Contract Price based upon the unit prices within the Bid submitted to the City by the Contractor. No subcontracts, or other transfer of Contract, shall release the Contractor of its liability under the Contract and Bonds applicable thereto. ARTICLE V. Contractor specifically acknowledges and confirms that: (1) it has visited the site, made all inspections it deems appropriate and has read and fully understands the Contract Documents, including all obligations and responsibilities undertaken by it as specified herein and in the other Contract Documents and knowingly accepts same; (2) it has furnished copies of all Contract Documents to its insurance carrier(s) and its surety(ies); and (3) its insurance carrier(s) and surety(ies) agree to be bound as specified herein, in the Contract Documents and in the insurance policy(ies) and bonds as to liability and surety coverage. ARTICLE VI. It is specifically agreed between the parties executing this Agreement that the Contract Documents are not intended to create any third party beneficiary relationship nor to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The duties, obligations and responsibilities of the parties to this Agreement with respect to third parties shall remain as imposed by law. ARTICLE VII. This Agreement, together with the other Contract Documents, constitutes the entire agreement between the parties and supersedes all prior agreements, whether oral or written, covering the same subject matter. This Agreement may not be modified or amended except as provided herein or in the other Contract Documents. ARTICLE VIII. This Agreement is entered into, under and pursuant to, and is to be construed and enforceable in accordance with, the laws of the State of Kansas. ARTICLE IX. Should any provision of this Agreement or the other Contract Documents be determined to be void, invalid, unenforceable or illegal for whatever reason, such provision(s) shall be null and void; provided, however, that the remaining provisions of this Agreement and/or the other Contract Documents shall be unaffected thereby and shall continue to be valid and enforceable. A-3 Rev. 6/28/12 IN WITNESS WHEREOF, the City of Mission, Kansas, has caused this Agreement to be executed on its behalf, thereunto duly authorized, and the said Contractor has executed three (3) counterparts of this Contract in the prescribed form and manner, the day and year first above written. CITY OF MISSION, KANSAS By ATTEST: Laura H. Smith City Administrator City Clerk APPROVED AS TO FORM: David Martin City Attorney Contractor By (SEAL) Title President (If the Contract is not executed by the president of the corporation or general partner of the partnership, please provide documentation which authorizes the signatory to bind the corporation or partnership. If a corporation, Contractor shall furnish City a current certificate of good standing, dated within ten (10) days of the date of this Contract.) G-i Rev. 9/09/13 LS-2024-01 - JOHNSON DRIVE LANDSCAPE RENOVATION PROJECT TABLE OF CONTENTS FOR GENERAL CONDITIONS ARTICLE SUBJECT PAGE GC-1 CONTRACT DOCUMENTS/CONTRACT FOR CONSTRUCTION ................................... 1 GC-2 DEFINITIONS ................................................................................................................... 1 GC-3 DEFECTS IN CONTRACT DOCUMENTS ........................................................................ 5 GC-4 BID ................................................................................................................................... 5 GC-5 COPIES OF THE CONTRACT ......................................................................................... 5 GC-6 SCOPE, NATURE AND INTENT OF PLANS AND SPECIFICATIONS ............................. 5 GC-7 BEGINNING, PROGRESS AND TIME OF COMPLETION OF WORK ............................. 6 GC-8 SHOP DRAWINGS ........................................................................................................... 7 GC-9 CONTRACTOR'S RESPONSIBILITIES AS TO AMBIGUITIES ......................................... 8 GC-10 CONCEALED CONDITIONS .......................................................................................... 8 GC-11 CONTRACTOR TO FURNISH STAKES AND HELP ...................................................... 8 GC-12 PRESERVATION OF MONUMENTS AND STAKES ...................................................... 8 GC-13 PERMITS AND NOTICES .............................................................................................. 8 GC-14 GENERAL ADMINISTRATION OF THE CONTRACT ..................................................... 9 GC-15 CONTRACTOR'S EMPLOYEES ...................................................................................10 GC-16 SAMPLES .....................................................................................................................10 GC-17 PROTECTION AND MAINTENANCE OF PUBLIC AND PRIVATE PROPERTY; LIABILITY ......................................................................................................................10 GC-18 WORK IN OR ACROSS STREET OR HIGHWAY RIGHT-OF-WAY ..............................12 GC-19 MAINTENANCE OF TRAFFIC .......................................................................................12 GC-20 NOISE CONTROL .........................................................................................................12 GC-21 DUST CONTROL ..........................................................................................................12 GC-22 INSPECTION OF WORK ...............................................................................................13 GC-23 SUPERINTENDENCE AND SUPERVISION..................................................................13 GC-24 CONTRACTOR'S OFFICE AT SITE OF WORK ............................................................14 GC-25 CHANGES IN THE WORK ............................................................................................14 GC-26 DEDUCTIONS FOR UNCORRECTED WORK ..............................................................17 GC-27 DELAYS AND EXTENSION OF TIME ...........................................................................17 GC-28 WORK STOPPAGES ....................................................................................................18 GC-29 PATENT LIABILITY CLAUSE ........................................................................................18 GC-30 INDEPENDENT CONTRACTOR ...................................................................................18 GC-31 SEPARATE CONTRACTS ............................................................................................18 GC-32 RELATIONS WITH OTHER CONTRACTORS ...............................................................19 GC-33 INDEMNITY ...................................................................................................................19 GC-34 PROTECTION OF PROPERTY/LIABILITY ....................................................................20 GC-35 PROVISION FOR EMERGENCIES ...............................................................................21 GC-36 ASSIGNMENT AND SUBLETTING OF CONTRACT .....................................................21 GC-37 DISPUTE RESOLUTION ...............................................................................................22 GC-38 INSURANCE .................................................................................................................22 GC-39 AUTHORITY AND DUTY OF THE CONSULTING ENGINEER .....................................24 GC-40 CORRECTION OF LABOR, ETC. - BEFORE FINAL PAYMENT ...................................24 GC-41 CORRECTION OF LABOR, ETC. - AFTER FINAL PAYMENT ......................................24 GC-42 RIGHT OF CITY TO TERMINATE CONTRACT ............................................................25 GC-43 CITY'S RIGHT TO DO WORK .......................................................................................26 G-ii Rev. 9/09/13 GC-44 PAYMENTS ...................................................................................................................26 GC-45 PAYMENTS WITHHELD ...............................................................................................28 GC-46 LIQUIDATED DAMAGES ..............................................................................................28 GC-47 BONDS ..........................................................................................................................29 GC-48 EASEMENTS AND RIGHTS-OF-WAY ..........................................................................29 GC-49 UTILITIES .....................................................................................................................29 GC-50 USE OF PREMISES ......................................................................................................29 GC-51 ALLOWANCES ..............................................................................................................30 GC-52 CUTTING, PATCHING AND DIGGING ..........................................................................30 GC-53 CLEANING UP ..............................................................................................................30 GC-54 TEMPORARY FACILITIES ............................................................................................30 GC-55 SANITARY REGULATIONS AND WATER ....................................................................31 GC-56 COMPLIANCE WITH LAWS ..........................................................................................31 GC-57 UNFAVORABLE CONSTRUCTION CONDITIONS .......................................................31 GC-58 CONTRACTOR'S RISK .................................................................................................31 GC-59 SAFETY RULES ............................................................................................................32 GC-60 WEEKENDS, HOLIDAY AND NIGHT WORK ................................................................32 GC-61 APPROVAL OF EQUALS ..............................................................................................32 GC-62 TEST OF MATERIALS OFFERED BY CONTRACTOR .................................................33 GC-63 TESTING OF COMPLETED WORK ..............................................................................33 GC-64 BORROW AND WASTE AREAS ...................................................................................33 GC-65 PARKING AREAS, DRIVES AND WALKS ....................................................................33 GC-66 STREET SIGNS AND TRAFFIC AIDS ...........................................................................33 GC-67 PLACING WORK IN SERVICE/PARTIAL UTILIZATION ...............................................34 GC-68 NON-DISCRIMINATION/OTHER LAWS ........................................................................34 GC-69 FEDERAL LOBBYING ACTIVITIES ...............................................................................35 GC-70 RECORDS ....................................................................................................................35 GC-71 TITLES, SUBHEADS AND CAPITALIZATION ...............................................................35 GC-72 NO WAIVER OF RIGHTS ..............................................................................................35 GC-73 SEVERABILITY .............................................................................................................35 GC-74 GOVERNING LAW ........................................................................................................35 GC-75 VENUE ..........................................................................................................................36 G-1 Rev. 9/09/13 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION GC-1 CONTRACT DOCUMENTS/CONTRACT FOR CONSTRUCTION The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the Contract Documents is to include all construction, labor, materials, tools, equipment and transportation necessary for the workmanlike construction of the Project in accordance with the Contract Documents. The Contract Documents shall consist of (but not necessarily be limited to) the Agreement between the City and Contractor (sometimes referred to herein as the "Agreement"), these General Conditions, the Project Special Provisions, the Plans, the Specifications, all addenda issued prior to and all modifications issued after execution of the Contract (modifications consisting of written amendments to the Contract signed by both parties, Change Orders, written interpretations issued by the Consulting Engineer, written orders for minor changes in the Work issued by the Consulting Engineer and changes in the Work identified in Article GC-25), drawings and data which may be furnished by the Contractor and approved by the City, additional drawings which may be furnished by the Architect/Engineer which the Consulting Engineer deems necessary to make clear the intent of the Contract Documents (and, in particular, the Specifications), and the Bidding Documents. It is understood that the Work shall be carried out and the Project shall be constructed fully in accordance with the Contract Documents. It is expressly understood and agreed that the bound volume of Contract Documents, any plans, schedules and other drawings herein referred to, and data which may be furnished by the Engineer as are necessary to make clear the intent of the Specifications and Plans, are each and all included in this Contract and the Work shall be done fully in accordance therewith. If there is any conflict or discrepancy between the Agreement between the City and Contractor and these General Conditions or between the Agreement between City and Contractor and any other of the Contract Documents, the Agreement between City and Contractor shall prevail. If there is any discrepancy between the General Conditions and any other Contract Documents other than the Agreement between City and Contractor, the General Conditions shall prevail, unless such discrepancy is between the General Conditions and the Project Special Provisions, if any, in which case the Project Special Provisions shall prevail. The Contract Documents supersede all previous agreements and understandings between the parties, which previous agreements and understandings are of no further force and effect. The Contract Documents as enumerated herein form the Contract for construction. The Contract may not be amended or modified except by a modification as hereinabove defined. These Contract Documents do not, nor shall they be construed to, create any contractual relationship of any kind between the City and any Subcontractor or remote tier Subcontractor. All time limits stated in the Contract Documents are of the essence of the Contract. GC-2 DEFINITIONS Whenever any word or expression defined herein, or pronoun used in its stead, occurs in these Contract Documents, it shall have and is mutually understood to have the meaning herein given. Work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. G-2 Rev. 9/09/13 1. "Bid" shall mean the offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed (and the City reserves the right to reject any and all bids). 2. "Bidder" shall mean any individual, partnership, corporation, association or other entity submitting a Bid for the Work. 3. "Bidding Documents" shall mean all documents related to a Bidder's submitting a Bid, including, but not limited to, the advertisement for Bids, if applicable, Instructions to Bidders, the Bid form, other sample bidding and contract forms and the proposed Contract Documents, including any addenda issued prior to receipt of Bids. At the City's option, Bidders may be required to complete and submit a prequalification statement. 4. "Bonds" shall mean the Bid, Performance, Maintenance, and Statutory or Labor and Material Payment Bond, together with such other instruments of security as may be required by the Contract Documents. 5. "Change Order" is a written order issued after the Agreement is executed by which the City, the Consulting Engineer and the Contractor agree to construct additional items of work, to modify the Contract Time, or, in lump sum contracts, to change the character and scope of Work shown on the Contract Plans, or as otherwise provided in Article GC-25. Change Orders must be signed by the City and the Contractor to be binding. 6. "City" shall mean the City of Mission, Kansas. 7. “Consultant” or "Consulting Engineer" shall mean the individual, firm or entity designated in the Contract Documents which has been employed by the City for the performance of professional engineering services in connection with the Project; or shall mean the City if the City acts as its own Engineer. 8. "Contract" and "Contract Documents" shall have the meaning ascribed to them in Article GC-1, such terms sometimes being used interchangeably. 9. "Contract Price" shall be the amount identified in the Agreement between City and Contractor as the total amount due Contractor for total completion of the Work as per the Contract Documents. Where the Contract provides that all or a part of the Work is to be Unit Price Work the Contract Price shall initially be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work multiplied by the estimated quantity of each item required for the Work. It is understood and agreed that estimated quantities of items for Unit Price Work are not guaranteed and are solely for the purpose of comparison of bids and determining an initial Contract Price. Determinations of actual quantities and classifications of Unit Price Work shall be made by the Consulting Engineer. Each unit price shall be deemed to include Contractor's overhead and profit for each separately identified item. 10. "Contract Time" shall be the number of working days stated in the Contract Documents for the completion of the Work or shall be a date certain if so designated in the Contract Documents. 11. "Contractor" shall mean the entity entering into the Contract for the performance of the Work covered by this Contract, together with its duly authorized agents or legal representatives. (For purposes of indemnification, see GC-33 for definition of "Contractor".) G-3 Rev. 9/09/13 12. "Defective Work" shall mean Work which is unsatisfactory, faulty or deficient, or not in conformity with the Contract Documents. It shall also include Work damaged prior to approval of final payment unless responsibility for such damage shall have been expressly assumed by the City at substantial completion. 13. "Effective Date of the Agreement" shall mean the date indicated in the Agreement on which it becomes effective, but, if no such date is indicated, it shall mean the date on which the Agreement is signed and delivered by the City to the Contractor. For this purpose, delivery shall be accomplished by either hand-delivery to the Contractor or placing a copy in the mail, first class, postage prepaid. 14. "Field Order" shall mean a written order issued by the Consulting Engineer which orders minor changes in the Work in accordance with Article GC-25 but which does not involve a change in the Contract Price or Contract Time. 15. "Final Acceptance" shall mean the date when the Consulting Engineer accepts in writing that the construction of the Project is complete in accordance with the Contract Documents such that the entire project can be utilized for the purposes for which it is intended and Contractor is entitled to final payment. 16. "General Requirements" shall mean those provisions of the Specifications which apply to the entire Work. 17. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized by the Consulting Engineer or the City. 18. "Notice of Award" shall mean the written notice by the City to the apparent successful Bidder stating that upon compliance with the conditions precedent enumerated therein, within the time specified, the City will sign and deliver the Agreement. 19. "Notice to Proceed" shall mean the written notice by the City to the Contractor fixing the date on which the Contract Time is to commence and on which the Contractor shall start to perform its obligations under the Contract Documents. Without the prior express written consent of the City, Contractor shall do no Work until the date set forth in the Notice to Proceed. 20. "Partial Utilization" shall mean placing a portion of the Work to be provided under the Contract Documents to the use intended by the City. 21. "Pay Estimate No. " or "Final Pay Estimate" shall mean the form to be used by the Contractor in requesting progress and final payments, including supporting documentation required by the Contract Documents. 22. "Plans" or "the Plans" shall mean and include all drawings which may have been prepared by the City and/or the Consulting Engineer on the City's behalf as a basis for Bids, all drawings (other than Shop Drawings, as defined in Definition No. 23, below.) submitted by the successful Bidder with its Bid or by the Contractor to the City, if and when approved by the Consulting Engineer, and all drawings submitted by the City to the Contractor during the progress of the Work, all of which show the character and scope of the Work to be performed. 23. "Shop Drawings" shall mean all drawings, diagrams, illustrations, schedules and other data which are specifically prepared by the Contractor, a Subcontractor, manufacturer, fabricator, supplier or distributor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information G-4 Rev. 9/09/13 prepared by a manufacturer, fabricator, supplier or distributor and submitted by the Contractor to illustrate material or equipment for some portion of the Work. 24. "Specifications" shall mean those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction methods, standards and workmanship as applied to the Work and certain administrative details applicable thereto. They may include, but not necessarily be limited to: (1) design specifications, e.g. measurements, tolerances, materials, inspection requirements and other information relative to the Work; (2) performance specifications, e.g., performance characteristics required, if any; (3) purchase description specifications, e.g. products or equipment required by manufacturer, trade name and/or type; provided, however, equivalent alternatives (including aesthetics, warranty and manufacturer reputation) may be substituted upon written request and written approval therefore by the City in accordance with Article GC-61; (4) such other information deemed appropriate by the City for inclusion in the Specifications for the proper construction of the Project. 25. "Subcontractor" shall mean an individual, firm or corporation having a direct contract with the Contractor or with another Subcontractor for the performance of a part of the Work. 26. "The Work" or "The Project" (used interchangeably) shall mean the work to be done necessary to complete the construction required of the Contractor by the Contract Documents, and includes all construction, labor, materials, tools, equipment and transportation necessary to produce such construction in accordance with the Contract Documents. 27. "Underground Facilities" shall mean all pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish services or materials including, but not limited to, electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 28. "Unit Price Work" shall mean Work to be paid for on the basis of unit prices (quantity variations). 29. Whenever in these Contract Documents the words "as ordered," "as directed," "as required," "as permitted," "as allowed," or words or phrases of like import are used, it is understood that the order, direction, requirement, permission or allowance of the City and/or the Consulting Engineer is intended. 30. Whenever any statement is made in the Contract Documents containing the expression "it is understood and agreed," or an expression of like import, such expression means the mutual understanding and agreement of the parties hereto. 31. The words "approved," "reasonable," "suitable," "acceptable," "properly," "satisfactory," or words of like effect in import, unless otherwise particularly specified herein, shall G-5 Rev. 9/09/13 mean approved, reasonable, suitable, acceptable, proper or satisfactory in the judgment of the City and/or the Consulting Engineer. GC-3 DEFECTS IN CONTRACT DOCUMENTS If Contractor has reasonable cause such that it should, in the exercise of ordinary care of someone in its position, know that any errors, omissions, discrepancies or inconsistencies (hereinafter "defects") appear in the Contract Documents, including, but not limited to, the Plans, Specifications and other documents or the Work, Contractor shall, notify the Consulting Engineer in writing of such defects. Contractor shall remedy any such defects whether or not disclosed to the Consulting Engineer without any increase in the cost of the Work. The Contract Documents shall be appended to all contracts between the Contractor and any Subcontractor or any more remote tier Subcontractor, and such Subcontractors and remote tier Subcontractors shall, likewise, notify the Contractor in writing of any defects therein, and it shall be the obligation of the Contractor to remedy same as if Contractor had discovered such defects itself. The Contractor will not be permitted to take advantage of any such defect. GC-4 BID The Contractor acknowledges and agrees that the unit prices and/or lump sum prices shown in the Bid contemplate the construction of all facilities, complete, and in conformance with the Plans and Specifications. Any item or items required in construction for which a specific unit price and/or lump sum price is not provided shall be included in the price for the closest applicable items. GC-5 COPIES OF THE CONTRACT Unless otherwise provided in the Contract Documents, City will furnish to Contractor a maximum of five (5) copies of the Contract Documents, free of charge, necessary for the execution of the Work. Sufficient copies of the Bidding Documents, Bonds and Agreement between City and Contractor shall be prepared, each containing an exact copy of the Contractor's Bid as submitted, the Bonds properly executed and the Contract signed by both parties hereto. These executed counterparts shall be filed with the City, Contractor and the surety company executing the Bonds. The original Bid submitted by the Contractor will be retained by the City. Contractor shall keep, and make available to City at the Project site, one copy of all Contract Documents for the Work at the Project site, in good order and legibly marked to reflect actual construction. Contractor shall also maintain at the site all approved samples and a print of all approved Shop Drawings. Such Documents, samples and Shop Drawings shall be turned over to the City at the completion of the Work if requested by the City. Contract Documents are the property of the City, and none of the Contract Documents are to be used on other work by Contractor. At City's request, all Contract Documents shall be returned to the City with the exception of one record set for Contractor. All models and calculations are the property of City. GC-6 SCOPE, NATURE AND INTENT OF PLANS AND SPECIFICATIONS The Plans and Specifications are intended to complement, but not necessarily duplicate each other. Together they shall constitute one complete set of the Plans and Specifications, and any Work exhibited in one but not in the other shall be executed just as if it had been set forth in G-6 Rev. 9/09/13 both in order that the Work shall be completed according to the complete design or designs as decided and determined by the Consulting Engineer. Should anything be omitted from the Plans and Specifications which is necessary to a clear understanding of the Work, or should it appear that various instructions are in conflict, or in the event the Plans and Specifications are silent as to any detail, then it shall be the duty of the Contractor to secure written instructions from the Consulting Engineer before proceeding with the construction affected by such omissions, discrepancies or silence. In accordance with Article GC-3, Contractor's failure to bring any such matter to the attention of the Consulting Engineer shall be at the Contractor's peril, and there shall be no compensation for extra work necessitated thereby. Dimensions and elevations shown on the Plans shall be accurately followed, even though they may differ from scaled measurements. No Work shown on the Plans, the dimensions of which are not indicated, shall be executed until the required dimensions have been obtained from the Consulting Engineer. Contractor shall be responsible for verification of all locations, dimensions and elevations in the field (including, but not limited to verification of location of Underground Facilities and utilities) and shall verify all field dimensions shown on the Contract Documents. All Work performed under this Contract shall be done to the lines, grades, and elevations shown on the Plans. The Contractor shall keep the Consulting Engineer informed, a reasonable time in advance of the times and places at which it wishes to do Work, in order that lines and grades may be furnished and necessary measurements for record and payment may be made with the minimum of inconvenience and delay to the Consulting Engineer and the Contractor. Any Work done without being properly located and established by base lines, offset stakes, bench marks, or other basic reference points may be ordered removed and replaced at the Contractor's cost and expense. Contractor, together with its Subcontractors, shall carefully examine the Plans and Specifications for any interferences with the Work and clearances that may be required. Contractor shall be responsible for the proper fitting of materials and equipment without substantial alterations. Contractor shall be responsible for eliminating interferences without additional cost to City. If departures from the Plans and Specifications, or other Contract Documents, are deemed necessary by Contractor, details of such departures and reasons therefore shall be submitted to Consulting Engineer, with drawings (if Consulting Engineer determines that drawings are necessary), for approval as soon as practical. No such departure shall be made except at the peril of the Contractor without the prior written approval of the Consulting Engineer. GC-7 BEGINNING, PROGRESS AND TIME OF COMPLETION OF WORK After being awarded the Contract, the Contractor shall immediately prepare and submit for approval by the City Engineer a construction schedule giving the dates on which it expects to start and to complete separate portions of the Work, which schedule shall be strictly adhered to unless agreed to in writing by all parties or modified by any extension or extensions of time as hereinafter provided. The schedule shall be submitted before the Notice to Proceed is issued. No Work on this Contract shall begin until said schedule is approved. The City reserves the right to adjust the Contractor's schedule to coordinate with any other projects in the same area. The Contractor shall, within ten (10) days after being instructed to do so in the written "Notice to Proceed" from the City, commence the Work to be done under this Contract; and the G-7 Rev. 9/09/13 rate of progress shall be such that the Work shall have been completed in accordance with the terms of the Contract on or before the termination of the construction period contractually specified, subject to any extension or extensions of such time made as hereinafter provided. The Contractor shall submit monthly progress reports and schedules. The progress report shall summarize Work completed, identify any weather and/or utility delays encountered, and indicate Work anticipated for the upcoming month. The schedule will be detailed indicating how the remaining Work will be completed within the stated deadlines (the remaining Work shall include identifying/incorporating utility relocation work with the project-related construction work). The progress report and schedule will be required before payment of monthly pay estimates. If requested, a weekly construction schedule shall be submitted to the City and approved by the City Engineer. Modifications and/or revisions to the schedule shall have twenty-four (24) hour notice with approval by the City Engineer. GC-8 SHOP DRAWINGS Contractor shall review, approve, and submit, with such promptness as to cause no delay in its own Work or in that of any Subcontractor or other Contractor, three (3) copies of all shop, fabrication, assembly, foundation and other drawings and schedules required by the Specifications, including, but not limited to: (1) drawings of equipment and devices offered by the Contractor for approval of the Consulting Engineer in sufficient detail to adequately show the construction and operation thereof; (2) drawings showing essential details of any change in design of construction proposed, for consideration by the Consulting Engineer, by the Contractor in lieu of the design or arrangement required by the Contract Documents, or any item of extra work there under; (3) all required wiring and piping layouts; and (4) structural and reinforcing fabrication drawings. All submittals, regardless of origin, shall be stamped with the approval of the Contractor and identified with the name and number of this Contract, Contractor’s name and references to applicable specification paragraphs and Contract drawings. Each submittal shall indicate the intended use of the item in the Work. Contractor’s stamp of approval is representation to the Consulting Engineer, that the Contractor accepts full responsibility for determining and verifying all quantities, dimensions, field construction criteria, materials, and similar data, and that he has reviewed or coordinated each submittal with the requirements of the Work and the Contract Documents. All deviations from the Contract Documents shall be identified on each submittal and shall be tabulated in the Contractor’s letter of transmittal. Such submittals shall, as pertinent to the deviation, indicate essential details of all changes proposed by Contractor (including modifications to other facilities that may be a result of each deviation). The Consulting Engineer shall review the Shop Drawings for conformance with the design concept of the Work and information as given in the Contract Documents. The Contractor is not relieved of responsibility for any deviation from the requirements of the Contract Documents by the Consulting Engineer’s approval of the Shop Drawings, product data, or samples. The Contractor is not relieved from responsibility for errors or omissions in Shop Drawings by the Engineer’s approval thereof. The Consulting Engineer shall respond to, accept or reject such submissions within a reasonable time after receipt thereof. Contractor shall make such revisions as deemed necessary. On Final Acceptance, the Consulting Engineer shall be furnished with a total of five (5) copies of each drawing as finally approved, such number to include any copies of preliminary or revised drawings which are approved as submitted. No Work shall be performed in connection with the fabrication or manufacture of material or equipment shown by any drawing thereof, nor shall any accessory, appurtenance or device not fabricated or manufactured by the Contractor or its Subcontractors be purchased, until the drawing or drawings therefore have been approved as stipulated, except at the Contractor's own risk and responsibility. PSP1 CITY OF MISSION LS-2024-01 - JOHNSON DRIVE LANDSCAPE RENOVATION PROJECT PROJECT SPECIAL PROVISIONS TABLE OF CONTENTS 1 - GENERAL REQUIREMENTS ............................................................................................... 2 2 - MAINTENANCE BOND ......................................................................................................... 9 3 - FORCE ACCOUNT ................................................................................................................... 9 4 - PLANTS ..................................................................................................................................... 9 PSP2 1 - GENERAL REQUIREMENTS 1.1 SCOPE OF WORK The work provided for in these Specifications shall consist of furnishing all labor, materials, appliances, and equipment, and performing all work and operations in connection with the construction of items and all other incidental and related work as set forth in these Specifications and as directed by the Engineer to make a complete and finished job. 1.2 CONTRACT SPECIFICATIONS The Specifications that shall govern the materials furnished and work performed in the construction of the work covered by the Contract or Contracts based thereon, are divided, classified, designated, and arranged as shown in the PROJECT SPECIAL PROVISIONS, TABLE OF CONTENTS attached hereto. No attempt has been made in the foregoing designated Specifications to segregate work to be performed by any trade, subcontract, or proposal item, under any one specification. Any segregation between trade or craft jurisdiction limits, and the establishment of subcontract limits, will be solely a matter of agreement between the Contractor and his employees and his subcontractors. The Specifications will govern the construction of the entire work, and the provisions thereof will govern each item and unit of work to which such provisions apply. When reference is made to Engineer, it shall have the same meaning as consulting engineer as set seventh in Paragraph GC-2 of the General Conditions. 1.3 STANDARD SPECIFICATIONS The work shall conform to these Specifications and to the "Standard Specifications" where reference is made herein. Where reference is made in the Specifications and Contract Documents to "Standard Specifications," it shall mean that the reference is made to the current edition of the Standard Specifications for State Road and Bridge Construction, Kansas Department of Transportation, Chapters 13.02, 13.03, 13.08, and 15.08 of the Overland Park Municipal Code, current edition of City of Overland Park Traffic Signal Specifications, current edition of the Manual On Uniform Traffic Control Devices, and The City of Overland Park Traffic Control Handbook for Street Maintenance and Construction Operations with such revisions, amendments, and supplements as are contained herein. Sanitary Sewer construction shall be in accordance with the “Construction and Materials Specification” as prepared by the Johnson County Unified Wastewater Districts, and on file with the State of Kansas, Department of Health and Environment, Permit No. 20969. All sanitary sewer service line work shall conform to requirements of the Johnson County Unified Wastewater Districts Service Line Design and Construction Standards, and the most recent edition of the BOCA National Plumbing Code. 1.4 CONTRACT DRAWINGS The Contract Drawings or "Plans" on which the proposals and contracts are to be based, and which are to be supplemented by additional shop and dimension drawings of material and equipment and other drawings, where specified, are shown in the "Index of Sheets" on the cover sheet of the Plans. 1.5 MEASUREMENT AND PAYMENT a. Method of Measurement The completed work shall be measured by the units described in the Proposal under each bid item that is satisfactorily completed by the Contractor. At monthly intervals, beginning one month after the PSP3 Notice to Proceed, the Contractor shall submit to the City Engineer an accurate record of the work completed. b. Basis of Payment The amount of completed work, measured as set forth above, shall be paid for at the contract unit price bid per item described in the Proposal and shall be full compensation for furnishing all materials, labor, equipment, tools, supplies and incidental related items necessary to complete the work in accordance with the Specifications. Work not measured separately for payment is subsidiary to the item to which it pertains. 1.6 MOBILIZATION OF EQUIPMENT a. Description Move required personnel, equipment, materials, supplies and incidentals to the project site prior to beginning work. This work includes other work and costs incurred before the project starts. All equipment used by the Contractor having metal tracks shall not be driven over City streets other than those streets being constructed. Such equipment must be transported from one work area to the next work area. Observe legal load restrictions when operating equipment, hauling equipment, or hauling materials on public roads; newly constructed/reconstructed base, pavement, and structures; and any existing base, pavement or structures that will remain in place. Assume responsibility for changes in legal load restrictions that occur after the project was let. Obtain the Engineer’s written approval and a special permit to exceed legal load restrictions on the City street system and on newly constructed/reconstructed portions of the project. Protect roadways and structures within project limits from damage. Observe curing periods before operating equipment or hauling loads on newly constructed pavement, reconstructed pavement, or structures. Do not haul loads of any size on pavement base, except when operations require equipment on pavement base to place material. The Contractor shall assume all responsibility for damages to roadways and structures caused by the Contractor from operating equipment or hauling loads. No direct payment will be made for Mobilization as it shall be considered subsidiary to other bid items in the contract. 1.7 INSPECTION OF WORK The Contractor shall not commence placing concrete or backfilling of pipe/structures until such time as the City Engineer or his authorized representative has made inspection. Form location, grades, slopes and subgrade shall have been approved prior to placing any concrete. 1.8 BRACING AND SHORING It shall be the contractor’s responsibility to brace and shore existing structures during construction. Any additional damage to or collapse of existing structures during the contract period shall be the sole responsibility of the Contractor. The Contractor shall brace and shore all trenches in full accordance with Occupational Safety and Health Standards - Excavations; Final Rule 29 CFR Part 1926. Bracing and shoring shall not be paid for directly but shall be considered subsidiary to other bid items. No additional payment shall be considered for increased quantities of earthwork, asphalt removal and replacement, or increases in other items as a result of compliance with this specification. 1.9 TRENCH BACKFILL Flowable Fill is required for all trenches within all paved portions of the ROW including future paving, if they are known, per the Manual for Infrastructure Standards For Right of Way Restoration and City of Overland Park Standard Details. PSP4 1.10 SAMPLING AND TESTING All sampling and testing deemed necessary by the Engineer shall be performed by a Testing Laboratory selected by the City, except that all Asphaltic Concrete mix design and tests shall be performed by a Certified Testing Laboratory selected by the Contractor, as stated in specification section “Asphaltic Concrete Surface and Intermediate Course”. The costs of all such tests, showing compliance with the Specifications, shall be paid by the City, except that all Asphaltic Concrete mix design and testing costs shall be paid by the Contractor. However, in the event that any test indicates non-compliance with the Specifications, additional testing will be paid for by the Contractor to determine acceptability of the material or methods. City reserves the right to weigh any selected truck as determined by the Engineer. The City shall only pay weighing costs and any additional costs shall be at the Contractor’s expense. 1.11 TRAFFIC SAFETY When working in the traveled way, the Contractor shall provide adequate and suitable barriers, signs, warning lights, flaggers, and all other equipment necessary to direct and reroute traffic and protect the public from moving or stationary vehicles, equipment, and materials, and other obstructions. Also, adequate protective warning lights and signs shall be provided to warn of any obstruction or excavation in the street, and easement area. All barricades, signs, lights and other protective devices in public right-of-way and easements shall be installed and maintained in conformity with applicable statutory requirements, the latest edition of the "Manual on Uniform Traffic Control Devices", and the "Overland Park Traffic Control Handbook for Street Maintenance and Construction Operations". The Police Department, Fire Department, and Med-Act shall be notified prior to closing a street with the approval of the City Engineer. 1.12 NOTIFICATION OF PROPERTY OWNERS The Contractor shall provide advance notification to the adjacent property owners on all phases of the operations. 1.13 TREE AND PLANT PROTECTION All trees and other vegetation which must be removed to perform the work shall be removed and disposed of by the Contractor; however, no trees or cultured plants shall be unnecessarily removed unless their removal is indicated on the drawings. All trees and plants not removed shall be protected against injury from construction operations. The Contractor shall take extra measures to protect trees designated to be preserved, such as erecting barricades or fences around the drip line, and trimming low hanging branches to prevent damage from construction equipment. Barricade or fence shall not be removed without consent of the Engineer. When installing a pipe, or any other work that may damage the tree, hand excavating or tunneling methods shall be used. Where encroachment by vehicles or equipment is expected within the drip line of the tree, the contractor will be required to place at least a 6 inches layer of organic mulch on top of the affected area to offset possible compaction. Such trees shall not be endangered by stockpiling excavated material or storing equipment within the drip line of the tree. No backfill material exceeding 4 inches in depth shall be placed within the drip line area of any tree designated to be preserved without prior consent from the Engineer. When excavation is required within the drip line of any protected tree, the contractor shall take extra measures to protect as many roots as possible. All roots to be cut or removed shall be "cut" with a chain saw, trencher, or other methods as approved by the engineer that will leave a smooth cut surface. All roots exposed during excavation shall be protected to prevent the roots from drying out by covering the exposed area with canvas or burlap, peat moss, or mulch, and kept damp until the area has been PSP5 backfilled. Where shown on the plans, trees requiring root removal of one third or more of the circumference of the root system, may require the pruning of limbs on the opposite side of the root removal or thinning the entire tree equally as directed by the Engineer. All pruning, repair, and replacement of trees and plants shall be performed by qualified nurserymen or arborists. Trees requiring trimming are as noted on the plans. This work shall not be paid for directly but shall be considered subsidiary to other bid items. When the injury or removal of trees designated to be preserved cannot be avoided; each tree injured beyond repair or removed shall be replaced with a similar tree, or provide compensation to the City as determined by the Engineer. 1.14 WEEDS The Contractor shall restrict the excessive growth of weeds, grasses, and other uncultivated vegetations within the project limits in accordance with the Overland Park Municipal Code. The Contractor shall cut down any excessive growth by mowing or trimming or as directed by the engineer. No direct payment will be made for this work as it shall be considered subsidiary to other bid items in the contract. 1.15 RESTORATION a. Pre-Restoration Meeting The Contractor shall be responsible for scheduling a pre-restoration meeting within 1 (one) week prior to beginning final grading, select soil placement, and restoration of the sodded areas in the project. The time and location of the meeting shall be approved by the Project Engineer, with required attendance by the Contractor's superintendent and any/all subcontractors involved in the restoration. The purpose of this meeting is to discuss in detail the requirements of sod restoration in the Specifications. At this meeting the Contractor shall provide: (1) A complete schedule of operations and proposed methods for soil preparation, sod placement, and watering. (2) A list of the equipment to be used for soil preparation and compaction, fertilizer distribution, sod delivery, placement and rolling, and watering. (3) The proposed source or sources of the sod, select soil, and water. (4) A list or set of "marked up" plans indicating the proposed location of each type of sod. (5) A list of at least 3 locations that the sod crew to be used on this project has placed sod within the previous 2 weeks. 1.16 UTILITY MEETINGS AND UTILITY ADJUSTMENT It shall be the duty of the Contractor to notify the serving utility companies of pending construction operations and the schedule of same, prior to any work being done on this project. The Engineer will furnish plans to the utility companies for their records. These companies will relocate and adjust their own facilities at no cost to the Contractor, except for sanitary and storm sewers. The Contractor shall be responsible for the adjustment and protection of all sanitary and storm sewer facilities. Some minor grading and backfill work may be required of the Contractor at locations of utility adjustments. This work shall be considered subsidiary to other items of work. The Contractor shall be responsible for holding periodic utility meetings with the City, the Engineer, and utility companies during the relocation of utility lines. The frequency of meetings will initially be bi-weekly (or more frequently if necessary) and then, as relocation work begins to diminish, will be held more infrequently. The Contractor shall keep minutes of the meetings and send copies to all those in attendance. PSP6 1.17 RIGHT-OF-WAY Right-of-way and easements will be available upon notice to proceed for this project. The Contractor shall confine his construction operations to the right-of-way limits and easements provided for the project. Equipment or materials shall not be stored beyond these limits without the express approval of the owner of such property. The Engineer shall be informed as to any arrangements that Contractor makes on his behalf in these matters. 1.18 INDEMNITY AND INSURANCE MODIFICATIONS 1. Definitions For purposes of indemnification requirements as set forth throughout the Contract, the following terms shall have the meanings set forth below: a. "The Contractor" means and includes Contractor, all of its affiliates and subsidiaries, its subcontractors and material men and their respective servants, agents and employees; and b. "Loss" means any and all loss, damage, liability or expense, of any nature whatsoever, whether incurred as a judgment, settlement, penalty, fine or otherwise (including attorney's fees and the cost of defense), in connection with any action, proceeding, demand or claim, whether real or spurious, for injury, including death, to any person or persons or damages to or loss of, or loss of the use of, property of any person, firm or corporation, including the parties hereto, which arise out of or are connected with, or are claimed to arise out of or be connected with, the performance of this Contract whether arising before or after the completion of the work required hereunder 2. The Contractor shall defend, indemnify and save the City and the BOARD OF COUNTY COMMISSONERS OF JOHNSON COUNTY, KANSAS (“BOARD”) harmless from and against all liability for damages, costs and expenses arising out of any claim, suit, action or otherwise, for injuries and damages sustained to persons or property, by reason of the negligence or other actionable fault of the Contractor, his or her subcontractors, agents or employees, in the performance of this contract. The Board shall be named as an additional insured on all policies of insurance issued to the Project Contractor and required by the terms of his/her agreement with the City. 3. For damages, losses or liability arising under the Kansas Tort Claims Act, K.S.A. 75-6101 et seq., the indemnifications stated herein shall be limited by operation of K.S.A. 75-6105 and amendments thereto, and construction thereof by the courts of the State of Kansas. The agreements to indemnify shall not run in favor of or inure to the benefit of any liability insurer. 1.19 CONSTRUCTION SCHEDULE After being awarded the contract, the Contractor shall immediately prepare a Critical Path Method (CPM) schedule for approval by the City Engineer that will ensure completion of the project within the contract time. This schedule shall be submitted and approved by the City Engineer before a Notice to Proceed is issued. No work on this contract shall begin until said schedule is approved. The City reserves the right to adjust the Contractor’s schedule to coordinate with any other projects in the same area. A. General Requirements A computerized network diagram shall be included in the CPM schedule and shall serve as the 'Master Construction Schedule' for the Project, giving mathematical analysis (printout) of that PSP7 network, which verifies and validates logic and planning and defines critical path. The approved schedule shall be kept on site with the superintendent and reviewed with Subcontractors each week. The CPM schedule shall be utilized for planning, organizing, and directing the work, for reporting progress, and requesting payment for work completed. The schedule shall be reviewed each week as part of the progress meeting. Abbreviations used in CPM schedules shall be clearly explained in a legend of symbols, either separate or attached. Scheduling software shall be compatible with Microsoft Project 2007. B. Schedule Requirements The CPM schedule shall clearly show sequential interdependencies, with activity duration and float clearly represented. Sequence(s) of activities with no float shall be clearly identified as Critical Path(s). The scheduling system shall be capable of baseline comparison analysis. Upon development and approval of the schedule, the Contractor shall 'freeze' the initial schedule as the baseline schedule. As work progresses, Contractor shall provide graphics displaying actual progress bars versus baseline or target bars. Activity durations shall be in calendar days. The CPM schedule shall include pre-construction tasks, construction tasks (bid items), shop drawing submittal and approval process, material and equipment ordering and delivery, submittal of as-built drawings, clean up and punchlist, inspection coordination activities, utility relocation, final inspection and certificate of completion, and final payment. Submittal activities shall be scheduled to allow sufficient time for materials and equipment to be procured and installed, even if the submittal is unacceptable and resubmittal is required. The CPM schedule shall reflect anticipated delays, such as weather delays. Contractor shall submit the initial schedule, complete revisions, and periodic reports in three hard copies, one reproducible and two prints or plots, and one copy digitally on CD or DVD. This schedule shall include the completed network program consisting of GANTT chart and mathematical analysis within 10 days of the executed contract. Allow 5 days for the City Engineer to review. Contractor shall submit the schedule of submittal activities extracted from the master schedule within 10 days after receipt of Notice to Proceed. During the preparation period, Contractor shall review this information with the City Engineer. Submittals to the City Engineer of initial and monthly CPM schedule charts shall include three sets of all reports as outlined below. Plots shall be color, blueline, printed or photocopied prints and, if segmentally generated, fully assembled. Highlight the critical path when the critical path is not clearly defined. The Contractor will participate in the Engineer's review and evaluation of submitted network diagrams and mathematical analysis of diagrams. Resubmit revisions necessary due to review within 5 days after the review. Contractor and major Subcontractors shall review the network CPM schedule before final submittal. C. Report Formats – Standard set of reports submitted each month including initial submittals shall consist of a GANTT chart of entire project. Progress bar chart shall include target or baseline comparison bars. Bar positions shall be early start/early finish with float clearly defined. GANTT charts shall include a tabulation of each activity. For each activity on the GANTT charts furnish the following: • Initial/submittal schedule shall include a list of responsible contractors and suppliers, task description, duration, start date, end date, latest start date, latest end date, total slack or float PSP8 time in calendar days and current schedule bar in Gantt view. • Progress schedule updates shall include a list of responsible contractors and suppliers, task description, duration, actual start date, actual finish date, percentage completion, remaining duration in calendar days and current schedule bar in Gantt view. Graphics outlined above shall comply with the following criteria unless noted otherwise: 1. Sheet size of diagram shall be 11 by 17 inches minimum and time scaled in month as the major timescale and weeks as the minor timescale unless approved otherwise. 2. On each page include a title block containing at a minimum the following information – a. Project Title b. Project Number c. Contractor’s Business Name d. Date of Submittal and Revision (The Date shown must clearly show the current preparation date and separately the revision date of the current schedule - this is a hard date entered and not an auto or status date) e. Submit a separate Legend Page of Symbols and Abbreviations as applicable. 3. Prepare and submit to the City Engineer upon request additional charts, reports, and current copy on disk of Project program. D. CPM Schedule Implementation and Monitoring Monthly CPM schedule charts and reports shall accompany the Contractor's pay request for work completed. Where the Contractor is shown to be behind schedule, provide accompanying written summary, cause, and explanation of planned remedial action. CPM schedules shall reflect those instances, modifications or other alterations to the schedule, which have an impact on the final completion or interim target dates within the schedule. Payments or portions of payments may be withheld by the City Engineer, upon failure to maintain scheduled progress of the work as shown on the approved CPM schedule. Failure to prepare, submit and maintain a CPM schedule as specified shall be cause for rejection of other schedules submitted and for possible delay of payment. Float time belongs to the project, not to the Contractor or to the City Engineer, and may be utilized by both parties. E. Schedule Changes And Updates At a minimum the Contractor shall update and submit the CPM Schedule for review weekly. A weekly update is required unless agreed upon by the City Engineer. Monthly submittal of the CPM schedule and approval by the City Engineer is required prior to payment for work completed. Activities added to the CPM schedule shall be submitted by the Contractor on schedule charts. It is the City Engineer's intent that the project be managed and operated according to the CPM schedule. Payment requests may be held up until the CPM schedule is brought back into compliance with the contract documents. Once the CPM schedule is submitted and approved by the City Engineer Contractor shall identify any modifications to activity durations, logic, values, or descriptions resubmit for approval. Such adjustments shall not impact the contracted completion date. Requests for time extensions are addressed in the General Conditions of these contract documents. PSP9 2 - MAINTENANCE BOND 2.1 BOND REQUIREMENTS Before entering into a Contract and within 10 business days of the notice of the award of the Contract, execute a maintenance bond on the form included in these Contract Documents. Provide the maintenance bond in an amount equal to 100% of the construction cost. Execute the maintenance bond with a surety authorized to do business in Kansas by the Kansas Commissioner of Insurance. Keep the Maintenance Bond in full force for the bond period. If the surety fails or becomes financially insolvent, file a new bond within 5 days of such failure or insolvency that complies with the requirements of these Contract Documents 2.2 MEASUREMENT AND PAYMENT The City will pay the premium portion of the lump sum price after the Contractor submits the surety’s invoice depicting the actual premium costs owed. The City will pay the remaining portion of the lump sum price after issuing final acceptance of the Project. Payment for “Maintenance Bond” at the contract lump sum price bid is full compensation for providing the maintenance bond, paying the maintenance bond premium, and performing any work required under the maintenance bond. 3 - FORCE ACCOUNT 3.1 DESCRIPTION This work shall cover miscellaneous extra work required during the course of construction. 3.2 MEASUREMENT AND PAYMENT Before the extra work is performed, the Contractor shall submit a proposed price in accordance with Paragraph (e) of “Changes in the Work” in the General Conditions for approval by the Engineer, and shall have received the written approval of the Engineer prior to commencing the proposed extra work. The Engineer will measure each Force Account item as defined in the proposed price approved in accordance with Paragraph (e) of “Changes in the Work” in the General Conditions. Payment for each Force Account item will be in accordance with the pre-approved proposed price. Payment for Force Account (SET) shall be paid for on an extra work basis not to exceed the contract set price. 4 - PLANTS 4.1 DESCRIPTION The work covered under these specifications consists of furnishing labor, equipment, and materials necessary to supply, install, maintain, and guarantee all of the landscape materials (perennials and ornamental grasses or sedges) as indicated on the landscape plans. 4.2 DEFINITIONS A. Backfill: The earth used to replace or the act of replacing earth in an excavation. B. Balled and Burlapped Stock: Plants dug with firm, natural balls of earth in which they were grown, with a ball size not less than diameter and depth recommended by ANSI Z60.1 for type PSP10 and size of plant required; wrapped with burlap, tied, rigidly supported, and drum laced with twine with the root flare visible at the surface of the ball as recommended by ANSI Z60.1. C. Balled and Potted Stock: Plants dug with firm, natural balls of earth in which they are grown and placed, unbroken, in a container. Ball size is not less than diameter and depth recommended by ANSI Z60.1 for type and size of plant required. D. Bare-Root Stock: Plants with a well-branched, fibrous-root system developed by transplanting or root pruning, with soil or growing medium removed, and with not less than the minimum root spread according to ANSI Z60.1 for type and size of plant required. E. Container-Grown Stock: Healthy, vigorous, well-rooted plants grown in a container, with a well- established root system reaching sides of container and maintaining a firm ball when removed from container. Container shall be rigid enough to hold ball shape and protect root mass during shipping and be sized according to ANSI Z60.1 for type and size of plant required. F. Fabric Bag-Grown Stock: Healthy, vigorous, well-rooted plants established and grown in-ground in a porous fabric bag with well-established root system reaching sides of fabric bag. Fabric bag size is not less than diameter, depth, and volume required by ANSI Z60.1 for type and size of plant. G. Finish Grade: Elevation of finished surface of planting soil. H. 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. I. 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. J. Planting Area: Areas to be planted. K. 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. L. Plant; Plants; Plant Material: These terms refer to vegetation in general, including trees, shrubs, vines, ground covers, ornamental grasses, bulbs, corms, tubers, or herbaceous vegetation. M. 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. N. Stem Girdling Roots: Roots that encircle the stems (trunks) of trees below the soil surface. O. 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. PSP11 4.3 PREINSTALLATION MEETINGS A. Preinstallation Conference: Conduct conference at Project site. 4.4 ACTION SUBMITTALS A. Product Data: For each type of product. 1. Plant Materials: Include quantities, sizes, quality, and sources for plant materials. 2. Plant Photographs: Include color photographs in digital format of each required species and size of plant material as it will be furnished to Project. Take photographs from an angle depicting true size and condition of the typical plant to be furnished. Include a scale rod or other measuring device in each photograph. For species where more than 20 plants are required, include a minimum of three photographs showing the average plant, the best quality plant, and the worst quality plant to be furnished. Identify each photograph with the full scientific name of the plant, plant size, and name of the growing nursery. B. Samples for Verification: For each of the following: 1. Organic Mulch: 1-gallon volume of each organic mulch required; in sealed plastic bags labeled with composition of materials by percentage of weight and source of mulch. Each Sample shall be typical of the lot of material to be furnished; provide an accurate representation of color, texture, and organic makeup. 4.5 INFORMATIONAL SUBMITTALS A. Qualification Data: For landscape Installer. Include list of similar projects completed by Installer demonstrating Installer's capabilities and experience. Include project names, addresses, and year completed, and include names and addresses of owners' contact persons. B. Product Certificates: For each type of manufactured product, from manufacturer, and complying with the following: 1. Manufacturer's certified analysis of standard products. 2. Analysis of other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists, where applicable. C. Pesticides and Herbicides: Product label and manufacturer's application instructions specific to Project. D. Sample Warranty: For special warranty. 4.6 CLOSEOUT SUBMITTALS A. Maintenance Data: Recommended procedures to be established by Owner for maintenance of plants during a calendar year. Submit before expiration of required maintenance periods. PSP12 4.7 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful establishment of plants. 1. Professional Membership: Installer shall be a member in good standing of either the Professional Landcare Network or the American Nursery and Landscape Association. 2. Experience: Five years' experience in landscape installation in addition to requirements in Section 014000 "Quality Requirements." 3. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when work is in progress. 4. Personnel Certifications: Installer's field supervisor shall have certification in one of the following categories from the Professional Landcare Network: a. Landscape Industry Certified Technician - Exterior. b. Landscape Industry Certified Horticultural Technician. 5. Pesticide Applicator: State licensed, commercial. B. Provide quality, size, genus, species, and variety of plants indicated, complying with applicable requirements in ANSI Z60.1. C. Measurements: Measure according to ANSI Z60.1. Do not prune to obtain required sizes. 1. Other Plants: Measure with stems, petioles, and foliage in their normal position. D. Plant Material Observation: Owner’s Representative may observe plant material either at place of growth or at site before planting for compliance with requirements for genus, species, variety, cultivar, size, and quality. 1. Notify Owner’s Representative of sources of planting materials seven days in advance of delivery to site. 4.8 TOPSOIL SAMPLING REQUIREMENTS A. General: Extract soil samples according to requirements in this article. B. Sample Collection and Labeling: Have samples taken and labeled by Contractor under the direction of the testing agency. Contractor shall notify Owner’s Representative prior to taking samples. 1. Number and Location of Samples: Minimum of three representative soil samples from varied locations for each soil to be used or amended for landscaping purposes. 2. Procedures and Depth of Samples: According to USDA-NRCS's "Field Book for Describing and Sampling Soils." 3. Division of Samples: Split each sample into two, equal parts. Send half to the testing agency and half to Owner for its records. 4. Labeling: Label each sample with the date, location keyed to a site plan or other location system, visible soil condition, and sampling depth. PSP13 4.9 TOPSOIL TESTING REQUIREMENTS A. General: Perform tests on soil samples according to requirements in this article. B. Physical Testing: 1. Soil Texture: Soil-particle, size-distribution analysis by one of the following methods according to SSSA's "Methods of Soil Analysis - Part 1-Physical and Mineralogical Methods": a. Sieving Method: Report sand-gradation percentages for very coarse, coarse, medium, fine, and very fine sand; and fragment-gradation (gravel) percentages for fine, medium, and coarse fragments; according to USDA sand and fragment sizes. b. Hydrometer Method: Report percentages of sand, silt, and clay. 2. Bulk Density: Analysis according to core method and clod method of SSSA's "Methods of Soil Analysis - Part 1-Physical and Mineralogical Methods." 3. Total Porosity: Calculate using particle density and bulk density according to SSSA's "Methods of Soil Analysis - Part 1-Physical and Mineralogical Methods." 4. Water Retention: According to SSSA's "Methods of Soil Analysis - Part 1-Physical and Mineralogical Methods." 5. Saturated Hydraulic Conductivity: According to SSSA's "Methods of Soil Analysis - Part 1- Physical and Mineralogical Methods"; at 85% compaction according to ASTM D 698 (Standard Proctor). C. Chemical Testing: 1. CEC: Analysis by sodium saturation at pH 7 according to SSSA's "Methods of Soil Analysis - Part 3- Chemical Methods." 2. Metals Hazardous to Human Health: Test for presence and quantities of RCRA metals including aluminum, arsenic, barium, copper, cadmium, chromium, cobalt, lead, lithium, and vanadium. If RCRA metals are present, include recommendations for corrective action. 3. Phytotoxicity: Test for plant-available concentrations of phytotoxic minerals including aluminum, arsenic, barium, cadmium, chlorides, chromium, cobalt, copper, lead, lithium, mercury, nickel, selenium, silver, sodium, strontium, tin, titanium, vanadium, and zinc. D. Fertility Testing: Soil fertility analysis according to American Society for Testing and Materials (ASTM) testing protocols including the following: 1. Percentage of organic matter. 2. CEC, calcium percent of CEC, and magnesium percent of CEC. 3. Soil reaction (acidity/alkalinity pH value). 4. Buffered acidity or alkalinity. 5. Nitrogen ppm. 6. Phosphorous ppm. 7. Potassium ppm. 8. Manganese ppm. 9. Manganese-availability ppm. 10. Zinc ppm. 11. Zinc availability ppm. 12. Copper ppm. 13. Sodium ppm and sodium absorption ratio. 14. Soluble-salts ppm. PSP14 15. Presence and quantities of problem materials including salts and metals cited in the Standard protocol. If such problem materials are present, provide additional recommendations for corrective action. 16. Other deleterious materials, including their characteristics and content of each. E. Organic-Matter Content: Analysis using loss-by-ignition method according to SSSA's "Methods of Soil Analysis - Part 3-Chemical Methods." 4.10 DELIVERY, STORAGE, AND HANDLING A. 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 if applicable. B. Bulk Materials: 1. Do not dump or store bulk materials near structures, utilities, walkways and pavements, or on existing turf areas or plants. 2. Provide erosion-control measures to prevent erosion or displacement of bulk materials; discharge of soil-bearing water runoff; and airborne dust reaching adjacent properties, water conveyance systems, or walkways. 3. Accompany each delivery of bulk materials with appropriate certificates. C. Provide protective covering of plants during shipping and delivery. Do not drop plants during delivery and handling. D. Handle planting stock by root ball. 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 in their appropriate aspect (sun, filtered sun, or shade), protect from weather and mechanical damage, and keep roots moist. 1. Do not remove container-grown stock from containers before time of planting. 2. Water root systems of plants stored on-site deeply and thoroughly with a fine-mist spray. Water as often as necessary to maintain root systems in a moist, but not overly wet condition. 4.11 FIELD CONDITIONS A. Field Measurements: Verify actual grade elevations, service and utility locations, irrigation system components, and dimensions of plantings and construction contiguous with new plantings by field measurements before proceeding with planting work. B. Planting Restrictions: Plant during one of the following periods. Coordinate planting periods with maintenance periods to provide required maintenance from date of Substantial Completion. 1. Fall Planting: a. September 1 – October 15 for container ornamental grasses & perennials b. September 1 – September 30 for plug sized plantings PSP15 C. 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 and warranty requirements. 4.12 PLANT SUBSTITUTIONS FOR PLANTS NOT AVAILABLE A. Submit all requests for substitutions of plant species, or size to the Owner’s Representative, for approval, prior to purchasing the proposed substitution. Request for substitution shall be accompanied with a list of nurseries contacted in the search for the required plant and a record of other attempts to locate the required material. Requests shall also include sources of plants found that may be of a smaller or larger size, or a different shape or habit than specified, or plants of the same genus and species but different cultivar origin, or which may otherwise not meet the requirements of the specifications, but which may be available for substitution. 4.13 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 Owner. b. Structural failures including plantings falling or blowing over. 2. Warranty Periods: From date of Substantial Completion. a. Perennials and Ornamental Grasses: 12 months. 3. Include the following remedial actions as a minimum: a. Immediately remove dead plants and replace unless required to plant in the succeeding planting season. b. Replace plants that are more than 25 percent dead or in an unhealthy condition at end of warranty period. c. A limit of one replacement of each plant is required except for losses or replacements due to failure to comply with requirements. d. Provide extended warranty for period equal to original warranty period, for replaced plant material. 4.14 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. PSP16 1. Collected Stock: Do not use plants harvested from the wild, from native stands, from an established landscape planting, or not grown in a nursery unless otherwise indicated. B. Provide plants of sizes, grades, and ball or container sizes complying with ANSI Z60.1 for types and form of plants required. Plants of a larger size may be used if acceptable to Architect, with a proportionate increase in size of roots or balls. C. Labeling: Label each plant of each variety and size with a securely attached, waterproof tag bearing legible designation of common name and full scientific name, including genus and species. Include nomenclature for hybrid, variety, or cultivar, if applicable for the plant. D. If formal arrangements or consecutive order of plants is indicated on Drawings, select stock for uniform height and spread, and number the labels to assure symmetry in planting. E. Perennials & Ornamental Grasses: 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. 4.15 TOPSOIL A. ASTM D5268, fertile, friable, natural silty clay loam, surface soil, reasonably free (less than 5 percent of total volume) of subsoil, clay lumps, brush, weeds, and other litter, and free of roots, stumps, stones larger than 1 inch, in any dimension, and other extraneous or toxic matter harmful to plant growth. Acidity range (pH): 5.5 to 7.5. Organic matter content: 4 to 10 percent. Obtain topsoil from local sources or from areas having similar soil characteristics to that found at Project site. B. Obtain topsoil from naturally, well drained sites, where topsoil occurs in a depth of not less than 4 inches. Do not obtain from bogs or marshes. Designate proposed topsoil borrow area and, in addition to required soil test submittal specified under Section 1.5, permit Owner’s testing agency to sample as necessary from borrow area for the purpose of making acceptance test to confirm quality of proposed material. Remove particles larger than 1 inch in size. Process, clean, and prepare imported topsoil to comply with specified criteria. 4.16 BIOLOGICAL ADDITIVES A. Concentrate: Concentrated solution with over 800 locally sourced beneficial bacteria, fungi, and microorganisms typically found in healthy soil. 1. Manufacturer: PlantRight Bio-Life 800+ 2. Apply per manufacturer recommended rates. 4.17 MULCHES A. Organic Mulch for mixed Perennial and Ornamental Grass Plantings: Free from deleterious materials, weed seeds, and pathogens and suitable as a top dressing for planting beds, consisting of the following: PSP17 1. Type: Regional Leaf Compost Mulch. 2. Color: Natural. 4.18 PESTICIDES AND HERBICIDES A. General: Pesticide registered and approved by the EPA, acceptable to authorities having jurisdiction, and of type recommended by manufacturer for each specific problem and as required for Project conditions and application. Do not use restricted pesticides unless authorized in writing by authorities having jurisdiction. B. Pre-Emergent Herbicide (Selective and Nonselective): Effective for controlling the germination or growth of weeds within planted areas at the soil level directly below the mulch layer. C. Post-Emergent Herbicide (Selective and Nonselective): Effective for controlling weed growth that has already germinated. 4.19 EXAMINATION A. Examine areas to receive plants, with Installer present, for compliance with requirements and 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. Verify that plants and vehicles loaded with plants can travel to planting locations with adequate overhead clearance. 3. Suspend planting operations during periods of excessive soil moisture until the moisture content reaches acceptable levels to attain the required results. 4. Uniformly moisten excessively dry soil that is not workable or which is dusty. B. 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 Owner’s Representative and replace with new planting soil. C. Proceed with installation only after unsatisfactory conditions have been corrected. 4.17 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities and turf areas and existing plants from damage caused by planting operations. B. Install erosion-control measures to prevent erosion or displacement of soils and discharge of soil- bearing water runoff or airborne dust to adjacent properties and walkways. C. Lay out individual perennial and ornamental grass plantings as indicated on the drawings. Adjust locations when requested and obtain Owner Representative’s acceptance of layout before excavating or planting. Make minor adjustments as required. D. Lay out plants at locations as shown in the drawings. PSP18 4.18 PLANTING AREA ESTABLISHMENT A. Before planting, obtain Owner’s Representative’s acceptance of finish grading; restore planting areas if eroded or otherwise disturbed. 4.19 PERENNIAL AND ORNAMENTAL GRASS PLANTING A. Set out and space perennials and ornamental grasses indicated on Drawings. B. Use planting soil for backfill. C. Dig holes large enough to allow spreading of roots. D. For rooted cutting plants supplied in flats, plant each in a manner that minimally disturbs the root system but to a depth not less than two nodes. E. Work soil around roots to eliminate air pockets and leave a slight saucer indentation around plants to hold water. F. Application of Biological Additive: Prior to mulching, apply uniformly over soil at application rate according to manufacturer's written recommendations. G. Water thoroughly after planting, taking care not to cover plant crowns with wet soil. H. Protect plants from hot sun and wind; remove protection if plants show evidence of recovery from transplanting shock. 4.20 PLANTING AREA MULCHING A. Mulch backfilled surfaces of planting areas and other areas indicated. 1. Organic Mulch in Planting Beds: Apply 3-inch average thickness of organic mulch over whole surface of planting area, and finish level with adjacent finish grades. Do not cover the crowns of plantings with mulch. 4.21 PLANT MAINTENANCE A. Maintain plantings by pruning, cultivating, watering, weeding, fertilizing, mulching, and performing other operations as required to establish healthy, viable plantings. B. Tree Watering 1. Approved Methods: a. Tank and hose with or without pump. b. Care shall be taken not to dislodge mulch, soil, or create holes by force of water. 2. Amount & Frequency: PSP19 a. Between October 1st and March 31st, one application per month if precipitation is less than 1” in any thirty-day period. b. Between April 1st and September 30th, one application per every two weeks if precipitation is less than 1” in any fourteen-day period. c. Soil is to be kept between field capacity and wilting point, to a depth of 24 inches, until...