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Home My WebLink AboutCONTRACT - BID - 9728 UTILITIES 2023 PIPE BURSTING PROJECTS BID INFORMATION AND CONTRACT DOCUMENTS FOR UTILITIES 2023 PIPE BURSTING PROJECTS BID NO. 9728 April 3, 2023 Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing BID 9728 Utilities 2023 Pipe Bursting Projects Page 1 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B CONTRACT DOCUMENTS TABLE OF CONTENTS BID INFORMATION 00020 Invitation to Bid 00100 General Information 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Subcontractors 00440 Safety Form CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00525 Scope of Work 00530 Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC-A GC-A1 - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment ADDITIONAL DOCUMENTS Exhibit A - Specification Exhibit B - Drawings BID 9728 Utilities 2023 Pipe Bursting Projects Page 2 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00020 INVITATION TO BID BID DUE: 3:00 PM MT (MT our clock), February 17, 2023 9728 UTILITIES PIPE BURSTING PROJECTS As part of the City’s commitment to sustainability, sealed Bids must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://bidnetdirect.com/colorado/city-of- fort-collins. Public Bid Opening: The bid opening will be conducted by video conference per the following information. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. To access the public Bid opening, please follow the link to join the Zoom meeting: Join Zoom Meeting https://us02web.zoom.us/j/86146232880?pwd=MTdleGtyak43RHNMUUY4TVBjc0V3Zz09 Meeting ID: 861 4623 2880 Passcode: 088016 One tap mobile +17193594580,,86146232880#,,,,*088016# US +12532050468,,86146232880#,,,,*088016# US The Contract Documents provide for the construction of Bid 9728. The City is soliciting bids for rehabilitation of three existing sanitary sewer projects using the Grundocrack Pipe Bursting System. A pre-bid conference and job walk with representatives of prospective Bidders will meet onsite at East Myrtle & Smith alleyway, then walk to Stover, and then drive to Woodford Ave & Akin alley last. The pre-bid conference will be held at 1:00 pm on February 2, 2023. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. All questions should be submitted, in writing via email, to Pat Johnson, CPPB, Senior Buyer at pjohnson@fcgov.com no later than 4:00 PM MT on February 6, 2023. Please format your e-mail to include: Bid 9728 UTILITIES PIPE BURSTING PROJECTS in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on RMEPS. The Contract Documents and Construction Drawings may be examined online at: http://www.bidnetdirect.com/colorado/city-of-fort-collins Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. BID 9728 Utilities 2023 Pipe Bursting Projects Page 3 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Prohibition of Unlawful Discrimination: The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or o ther characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Contractors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Contractors and their subcontractors/subconsultants at every tier. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Contractor Registration: The City requires new Contractors receiving awards from the City to submit IRS form W-9 or W-8BEN/W8-BEN-E (international firms) and requires all Contractors to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Colorado Open Records Act: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Generally under CORA, trade secrets and confidential commercial and financial data may not be disclosed by the City. By responding to this Bid, Contractors hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions of any contract resulting from this Bid to include the Bid Schedule in Section 00300 will be public information. Collusive or Sham Bid: Any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. BID 9728 Utilities 2023 Pipe Bursting Projects Page 4 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B City of Fort Collins Gerry Paul Purchasing Director BID 9728 Utilities 2023 Pipe Bursting Projects Page 5 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub-bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). OWNER AND ENGINEER shall have the same meaning throughout and refer to the City. 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300 and 00400, fully executed. 2.4. OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications provided in Section 00420. As applicable, Bidder must possess all required state and local licenses. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that any Work previously performed by the Bidder has no claims pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair their ability to perform or finance this Work. BID 9728 Utilities 2023 Pipe Bursting Projects Page 6 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize itself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize itself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify ENGINEER of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project and submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER. 5.4. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. 6.0 BID BOND 6.1. Each Bid must be accompanied by Bid Security in an amount no less than five (5) percent of the Bid. The Bid Bond must be executed by a SURETY meeting the requirements of the General Conditions for surety bonds. If a SURETY does not issue electronic Bid Bonds, a scanned copy of the Bid Bond must be submitted electronically through Rocky Mountain E-Purchasing System at the time of bidding, and the hard copy Bid Bond must be mailed to the Purchasing Department at PO Box 580, Fort Collins CO 80522 and received by OWNER prior to contract execution. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the BID 9728 Utilities 2023 Pipe Bursting Projects Page 7 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or forty-five days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned. 7.0 CONTRACT TIME The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement, Section 00520. 8.0 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in Section 00520. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions which may be further defined in the Supplementary Conditions. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors proposed for use in the Work. Refer to Section 00430 contained within the Contract Documents. The Bidder may only utilize the subcontractors stated in Section 00430 except in the event that the OWNER requires a change in accordance with Section 10.2 below. Should the Bidder request a change to the subcontractor list, OWNER approval shall be required. Proposed subcontractor/supplier qualifications and references may be requested to be submitted within 3 business days after bid opening. Subcontractor/supplier responsibility will be determined in accordance with Section 8-160 of the Code of the City of Fort Collins. 10.2. If OWNER or ENGINEER after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or ENGINEER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 11.0 BID FORM BID 9728 Utilities 2023 Pipe Bursting Projects Page 8 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B 11.1. A copy of the Bid Form will be posted at http://www.bidnetdirect.com/colorado/city- of-fort-collins. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In the event that there are unit price items in a bid schedule and the "extended amount" indicated for a unit price of a bid item does not equal the product of the unit price and quantity listed, the unit price shall govern, and the extended amount will be corrected accordingly. If there is more than one bid item in a bid schedule, and the total indicated for the schedule does not agree with the sum of prices of the individual bid items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly. The Contractor will be bound by said corrections. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, the title must appear under signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 12.0 BID PRICING Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS 13.1. Bids shall be submitted prior to the time and date stated in the Bid Documents or any extension thereof made by addendum, electronically using Rocky Mountain E- Purchasing System at the time and place indicated in the Invitation to Bid and accompanied by the documents identified as required in Sections 00300 & 00400. Bids received after the time and date for receipt of Bids will not be accepted. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, physically mailed or delivered or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. BID 9728 Utilities 2023 Pipe Bursting Projects Page 9 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B 14.0 MODIFICATION AND WITHDRAWAL OF BIDS 14.1. Bids may be modified or withdrawn at any time prior to the opening of Bids on RMEPS. 14.2. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 BID OPENING Bids will be opened and read aloud publicly as indicated in the Invitation to Bid. A Bid Tally of the amounts of the Base Bids and major alternates (if any) will be made available on RMEPS after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid prior to that date. 17.0 AWARD OF CONTRACT 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive, or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. The basis for award shall be as noted in Section 00300. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening, or a mutually agreed upon date. BID 9728 Utilities 2023 Pipe Bursting Projects Page 10 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B 18.0 PERFORMANCE & PAYMENT BONDS The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to Performance and Payment Bonds. When the awarded CONTRACTOR delivers the executed Agreement to the OWNER, it shall be accompanied by the required contract bonds. 19.0 SIGNING OF AGREEMENT When OWNER gives a Notice of Award to the awarded CONTRACTOR it will be accompanied by the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the AGREEMENT and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver the executed AGREEMENT to CONTRACTOR. 20.0 TAXES OWNER is exempt from Colorado State Sales and Use Tax as applicable. Said taxes shall not be included in the Contract Price. 21.0 RETAINAGE Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 BID RESULTS Bid results will be posted at http://www.bidnetdirect.com/colorado/city-of-fort-collins. 24.0 SCHEDULE The anticipated schedule for this project is as follows: Item Dates Bid Issue Date 01/26/2023 Pre-Bid Conference 02/02/2023 Deadline for questions 02/06/2023 Addendum issued 02/08/2023 Bid Due 02/17/2023 Tentative start date March/April BID 9728 Utilities 2023 Pipe Bursting Projects Page 11 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B 25.0 STANDARD OF CONDUCT The successful firm shall be responsible for maintaining satisfactory standards of employees' competency, conduct, courtesy, appearance, honesty, and integrity, and shall be responsible for taking such disciplinary action with respect to any employee, as may be necessary. The City may request the successful Contractor to immediately remove from this assignment any employee the City identifies to be unfit to perform duties due to one or more of the following reasons: 1. Neglect of duty. 2. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions or fighting. 3. Theft, vandalism, immoral conduct or any other criminal action. 4. Selling, consuming, possessing, or being under the influence of intoxicants, including alcohol, or illegal substances while on assignment for the City. 5. Acting in an unsafe manner All City owned or operated facilities and their grounds are non-smoking sites. All City parks, trails and natural areas are also non-smoking. Agents and employees of Contractor(s) working for the City shall present a clean and neat appearance. Prior to performing any work for the City, Contractor(s) shall require each of their employees to wear ID badges or uniforms identifying: Contractor by name, the first name of their employee and a photograph of their employee if using an ID badge. Their employee shall wear or attach the ID badge to the outer garments at all times. 26.0 ACCIDENT REPORTING Any incident/accident resulting in damage to property or causing personal injury within the limits of a work site shall be immediately reported to the appropriate police agency, other required agencies, Project Manager and the City of Fort Collins Risk Management Department. The Contractor shall immediately contact the Utility Operator/Owner and the City of Fort Collins when damage to an underground facility is identified. If a natural or propane gas line is damaged, the Contractor must call 911 prior to notifying the Utility Operator. The Contractor shall not backfill around the underground utility line until the Utility Operator has repaired the damage and has given clearance to backfill. The City of Fort Collins will not pay the Contractor for labor, vehicles, material, or equipment or any other cost associated with the repair to any at-fault damage. Failure to comply may result in a verbal warning, suspension of the crew, loss of work, and/or termination of the Agreement. 27.0 SAFETY PRACTICES, SAFETY DOCUMENTATION AND TRAINING Contractor(s) shall comply with all engineering, safety, and operating requirements concerning installation of equipment in, on or around utility facilities; obtaining access facilities; and adhering to operating rules and requirements involving safe contact with utility equipment and water, gas and power lines, and confined spaces. Contractor(s) shall adopt Utility's minimum safety standards as the baseline requirements. 28.0 UNSATISFACTORY OPERATIONS Should it be necessary to halt the work because of incorrect or unsatisfactory operations under the terms of the awarded contract or because of failure to follow safety standards applicable hereto, the Contractor must take immediate steps to remedy the deficiencies. Should repair or correction of any safety defect or deficiency not be immediately BID 9728 Utilities 2023 Pipe Bursting Projects Page 12 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B undertaken and should the City of Fort Collins be required to protect the site or make the repair or correction, the cost of such work shall be deducted from payment due the Contractor. 29.0 COMPLIANCE STANDARDS 1. Contractor must refer to the Larimer County Urban Area Street Standards (LCUASS) latest edition. These documents are available at www.larimer.org. 2. The Contractor must submit approved concrete mix designs for use in the right-of-way prior to starting work. The City may require the Contractor to use rapid set concrete. 3. All temporary asphalt patching shall be performed in accordance with the current City specifications and by a Contractor licensed with the City of Fort Collins. 4. The Contractor shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/ airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. 5. The Master Street Plan depicting the classification of City roads is available on the internet at: http://citydocs.fcgov.com/?dt=Master+Street+Plan+Map&dn=GIS+MAPS&vid=192&c md=showdt 6. The Colorado Department of Transportation (CDOT) Standard Specifications for Road and Bridge Construction (attached) have been modified and are attached as 2022 Misc Concrete – Section 2000 Project Specs. 30.0 TRAFFIC CONTROL All traffic control, work zone protection, and/or parking control and permits shall be the responsibility of the Contractor, and provided in accordance with the latest revisions of the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD), the City of Fort Collins “Work Area Traffic Control Handbook”, and the attached revisions of Sections 104 and 630, Traffic and Parking Control and Traffic Control Devices respectively. END OF SECTION BID 9728 Utilities 2023 Pipe Bursting Projects Page 13 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00300 BID FORM BID 9728 Utilities 2023 Pipe Bursting Projects Page 14 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00300 BID FORM PROJECT: Pipe Bursting Projects Date: 1. In compliance with your Invitation to Bid dated , 20 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Contract Documents pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a Bid Bond in the sum of ($ ) in accordance with the Invitation to Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written Notice of Award is delivered to the address given on this Bid. The name and address of the corporate SURETY with which the Bidder proposes to furnish the specified Performance and Payment Bonds is as follows: . 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule(s) subject to change(s) as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through . 8. The undersigned Bidder hereby acknowledges the documents listed below are required elements of the Bid and must be submitted with the Bid. The City may reject any incomplete Bids as non-responsive. - Bid Form (this Section 00300) - Electronic Bid Bond (Item 3 above and Section 00410) for five (5) percent of the base Bid amount - Acknowledgement of Bid Addenda (Item 7 above) 02/21/2023 01/26 23 5% of total bid amount Travelers Casualty and Surety Company of America - One Tower Square, Hartford, CT 06183 1 2 BID 9728 Utilities 2023 Pipe Bursting Projects Page 15 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Ref. No.ITEM UNIT QTY UNIT COST EXTENDED COST 1 Mobilization LS 1 45,000.00$ 45,000.00$ 2 Erosion Prevention and Sediment Control LS 1 2,300.00$ 2,300.00$ 3 Temporary Sewer Bypass LS 1 11,000.00$ 11,000.00$ 4 Pothole Service Lines EA 2 1,500.00$ 3,000.00$ 5 Service Line dye Testing (Pre & Post Construction)EA 2 1,300.00$ 2,600.00$ 6 Replace 6" Vitrified Clay Pipe with 8" PVC via Pipe Bursting LF 140 370.00$ 51,800.00$ 7 Reconnect Sewer Services EA 2 6,500.00$ 13,000.00$ 8 Surface Restoration (include total here -provide details separately)LF 1 12,000.00$ 12,000.00$ 9 Landscaping Estimate (include total here, provide detail separately)LS 1 2,500.00$ 2,500.00$ 10 Asphalt Replacement (include total here, provide detail separately)LF 1 650.00$ 650.00$ 11 Bond Cost LS 1 2,300.00$ 2,300.00$ 12 Water Hydrant Meter Access LS 1 280.00$ 280.00$ 13 Water Meter Access Cost LS 1 280.00$ 280.00$ Total 146,710.00$ Alternate: 13 Traffic Control LS 1 5,000.00$ 5,000.00$ Unit Cost Items 14 Asphalt Replacement SF 1 50.00$ 50.00$ 15 Concrete Replacement LF 1 150.00$ 150.00$ 16 Surface Restoration SF 1 50.00$ 50.00$ 17 Sod SY 1 15.00$ 15.00$ 18 Fencing LF 1 40.00$ 40.00$ Ref. No.ITEM UNIT QTY UNIT COST EXTENDED COST 1 Mobilization LS 1 50,000.00$ 50,000.00$ 2 Erosion Prevention and Sediment Control LS 1 4,500.00$ 4,500.00$ 3 Temporary Sewer Bypass LS 1 11,000.00$ 11,000.00$ 4 Pothole Service Lines EA 18 550.00$ 9,900.00$ 5 Service Line dye Testing (Pre & Post Construction)EA 18 430.00$ 7,740.00$ 6 Replace 6" Vitrified Clay Pipe with 8" PVC via Pipe Bursting LF 450 300.00$ 135,000.00$ 7 Reconnect Sewer Services EA 18 4,500.00$ 81,000.00$ 8 Surface Restoration (include total here -provide details separately)LF 1 11,000.00$ 11,000.00$ 9 Landscaping Estimate (include total here, provide detail separately)LS 1 1,400.00$ 1,400.00$ 10 Asphalt Replacement (include total here, provide detail separately)LF 1 650.00$ 650.00$ 11 Bond Cost LS 1 2,300.00$ 2,300.00$ 12 Water Hydrant Meter Access LS 1 280.00$ 280.00$ 13 Water Meter Access Cost LS 1 280.00$ 280.00$ Total 315,050.00$ Alternate: 13 Traffic Control LS 1 15,000.00$ 15,000.00$ Unit Cost Items 14 Asphalt Replacement SF 1 50.00$ 50.00$ 15 Concrete Replacement LF 1 150.00$ 150.00$ 16 Surface Restoration SF 1 50.00$ 50.00$ 17 Sod SY 1 15.00$ 15.00$ 18 Fencing LF 1 40.00$ 40.00$ Ref. No.ITEM UNIT QTY UNIT COST EXTENDED COST 1 Mobilization LS 1 50,000.00$ 50,000.00$ 900 Blk Woodford 9728 UTILITIES 2023 PIPE BURSTING BID SCHEDULE REVISED 500 Blk Stover Alley 500 Blk Smith Alley PAGE 1 OF 2 BID 9728 Utilities 2023 Pipe Bursting Projects Page 16 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B 900 Blk Woodford 2 Erosion Prevention and Sediment Control LS 1 3,800.00$ 3,800.00$ 3 Temporary Sewer Bypass LS 1 11,000.00$ 11,000.00$ 4 Pothole Service Lines EA 22 550.00$ 12,100.00$ 5 Service Line dye Testing (Pre & Post Construction)EA 22 430.00$ 9,460.00$ 6 Replace 6" Vitrified Clay Pipe with 8" PVC via Pipe Bursting LF 449 300.00$ 134,700.00$ 7 Reconnect Sewer Services EA 22 4,300.00$ 94,600.00$ 8 Surface Restoration (include total here -provide details separately)LF 1 11,000.00$ 11,000.00$ 9 Landscaping Estimate (include total here, provide detail separately)LS 1 1,400.00$ 1,400.00$ 10 Asphalt Replacement (include total here, provide detail separately)LF 1 650.00$ 650.00$ 11 Bond Cost LS 1 2,300.00$ 2,300.00$ 12 Water Hydrant Meter Access LS 1 280.00$ 280.00$ 13 Water Meter Access Cost LS 1 280.00$ 280.00$ Total 331,570.00$ Alternate: 13 Traffic Control LS 1 15,000.00$ 15,000.00$ Unit Cost Items 14 Asphalt Replacement SF 1 50.00$ 50.00$ 15 Concrete Replacement LF 1 150.00$ 150.00$ 16 Surface Restoration SF 1 50.00$ 50.00$ 17 Sod SY 1 15.00$ 15.00$ 18 Fencing LF 1 40.00$ 40.00$ 793,330.00$ Bid Total in writing: seven hundred ninety-three thousand three hundred thirty dollars and zero cents Bid Schedule Total excluding alternate and unit cost items. PAGE 2 OF 2 BID 9728 Utilities 2023 Pipe Bursting Projects Page 17 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 18 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors BID 9728 Utilities 2023 Pipe Bursting Projects Page 19 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 20 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 21 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 22 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered, and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information if needed. 1. Name of Bidder: 2. When was Bidder’s firm organized: 3. If your firm is a corporation, where is the firm incorporated: 4. How many years has the firm been engaged in the contracting business under the present firm or trade name? 5. Provide a list of the contracts on hand: (list these, showing the amount of each contract and the appropriate anticipated dates of completion.) 6. What is the general character of Work performed by your company: 7. Have you or a firm for which you were a principal ever failed to complete any Work awarded to you? If so, where and why? 8. Has the firm ever defaulted on a contract? American West Construction, LLC May 2002 20 years. Reference attached "Major Construction in Progress List." Dam Rehabilitation, Sanitary Installation, Channel and Drainage Work, Storm Sewer Installation, Road Construction, Underdrain Installation, Culvert Lining, Waterline Installation, Earthwork and Excavation. No. No. BID 9728 Utilities 2023 Pipe Bursting Projects Page 23 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B If so, where and why? 9. Is the firm debarred by any government agency? If yes, list agency name. 10. Provide the background and experience of the principal members of your organization, including officers: 11. Credit available: $ 12. Bank Reference: 13. Will you, upon request, provide a detailed financial statement for your Company and furnish any other information that may be required by the OWNER? 14. Is the firm licensed as a General Contractor, if applicable, in the City of Fort Collins? 15. Are any lawsuits pending against you or your firm at this time? If yes, provide detail 16. REFERENCES The undersigned Bidder shall provide three (3) completed or under construction project references of similar scope and price from the past three (3) years. It is the City’s preference that the reference projects use the same Project Manager as the CONTRACTOR is proposing for this project. It is preferred that references are from three separate owners and shall include a brief project description, owner contact information (name, title, email, and phone number), and total contract value. References may be checked by the City and bids that do not include the required and satisfactory No. Paul Snyder, Manager/ President - Reference attached Resume Brian Schrameyer, Member/ Vice President - Reference attached Resume Rob Casagranda, Member/ CFO - Reference attached Resume Vectra Bank , Cortney Harless - 720.947.8433 30,000,000.00 Yes. No. Will obtain said license if AWC is low bid. No. BID 9728 Utilities 2023 Pipe Bursting Projects Page 24 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B references may be deemed non-responsive. The City reserves the right to request additional project references at its sole discretion. Project 1 Name: Brief Description: Contract Value: Client: Contact Name: Title: Phone: Email: Project 2 Name: Brief Description: Contract Value: Client: Contact Name: Title: Phone: Email: Project 3 Name: Brief Description: Contract Value: Client: Contact Name: Title: Phone: Email: Fiore and Sons Curtis Heller Project Manager 303.429.8893 cheller@fioreandsons.com $146,599.00 Enlarged a sanitary sewer line under landscaping, curb and gutter and asphalt to allow for the construction of the new apartment buildings Furnish, deliver, construct, install, connect, 1,725 lf new 12” fusible PVC water pipeline by both open cut and pipe bursting methods. Laterals, stub outs, concrete, installation of vacuum vault, temporary bypass of water line, and water tank tie-ins. Asphalt paving, traffic control, striping. $548,368.37 City of Westminster Julie Koehler Utilities Engineering Manager 303.658.2178 Westminster. Lowell Waterline Repair Fiore Fruitdale Bursting 100th Ave Waterline Replacement – PH#1 Installation of a 20-inch PVC water main along 100th Avenue between Washington St. and Downing St. Includes connecting the new piping to existing water lines at Washington Ave. and Downing St., select demolition, flow fill of specific sections of existing pipe with intent to “abandon in place”, and restoration of disturbed areas (asphalt pavement, curb and gutter, and existing landscaping).$1,053,288.63 City of Thornton Kristin Schwartz Project Manager 720.977.6208 Kristin.Schwartz@thorntonco.gov BID 9728 Utilities 2023 Pipe Bursting Projects Page 25 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 26 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors and their corresponding Work items when performing over 10% of the total bid. WORK ITEM SUBCONTRACTOR None BID 9728 Utilities 2023 Pipe Bursting Projects Page 27 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Project Owner Amount % Complete Scheduled Completion Viddler Pipeline Sch B City of Golden Will Stambaugh 1445 10th Street Golden, CO 80401 303.384.8189 / wstambaugh@cityofgolden.net 556,390.00$ 0% 09/23 Buckley Air Force Base Vault Relocation City of Aurora Evan Person 15151 E. Alameda Parkway Aurora, CO 80012 303.739.7000 / eperson@auroragov.org 652,400.00$ 0% 08/23 Cottonwood Waterline Extension Cottonwood Water and Sanitation District Scott Barnett 188 Inverness Drive West, Suite 140 Englewood, CO 80112 303.649.9857 / scott@mulhernmre.com 595,836.00$ 0% 08/23 First Creek Interceptor City of Aurora Steven Fiori 15151 E. Alameda Parkway Aurora, CO 80012 303.739.7000 / sfiori@auroragov.org 2,394,100.00$ 0%08/23 PPRTA Pipe Lining City of Colorado Springs Cole Platt 30 S Nevada Avenue Colorado Springs, CO 80903 719.385.2489 / Cole.Platt@coloradosprings.gov 779,800.00$ 0%12/23 100th Ave Waterline Phase 2 City of Thornton Kristin Schwartz 12450 Washington Street Thornton, CO 80241 720.977.6208 / kristin.schwartz@thorntonco.gov 2,542,505.00$ 0%07/23 MAJOR CONSTRUCTION PROJECTS IN PROGRESS 1 BID 9728 Utilities 2023 Pipe Bursting Projects Page 28 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Project Owner Amount % Complete Scheduled Completion MAJOR CONSTRUCTION PROJECTS IN PROGRESS Plaza Drive - Hobas Lining Douglas County Deborah Kula 100 Third St.reet Castle Rock, CO 80104 720.673.4029 / dkula@douglas.co.us 1,066,694.00$ 5%10/23 Drew Hill Over Ralston Creek Culvert Jefferson County Erik Turnquist 100 Jefferson County Parkway Golden, CO 80419 303-271-8482 / eturnqui@co.jefferson.co.us 437,386.00$ 0%06/23 120th Ave Improvements City of Northglenn Kiran Bhusal 12301 Claude Court Northglenn, CO 80241 303-450-4078 / kbhusal@northglenn.org 14,787,718.70$ 2%10/23 Buckley Space Force Fire Line Department of Military and Veterans Affairs Bailey Bullock Project Manager 6868 S Revere Parkway Centennial, CO 80112 bailey.d.bullock.mil@army.mil 1,042,000.00$ 0%03/23 Boulder Reservoir BFV Isolation Valve Southern Water Supply Project Water Activity Enterprise Stephanie Cecil 220 Water Avenue Berthoud, Colorado 80513 800-369-7246 / scecil@northernwater.org 245,000.00$ 0%05/24 CPW Access Road Colorado Parks and Wildlife Neil Sarno 6060 Broadway Denver, CO 80216 303.660.7490 / neil.sarno@state.co.us 1,546,290.50$ 98%05/23 2 BID 9728 Utilities 2023 Pipe Bursting Projects Page 29 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Project Owner Amount % Complete Scheduled Completion MAJOR CONSTRUCTION PROJECTS IN PROGRESS Westside Crossing Berthoud Gateway, LLC Scott Charpentier 8340 Louden Circle Windsor, CO 80528 970.222.7268 / scott@fcmmoney.com 3,486,088.15$ 95%05/23 Green Mountain S.S. CIPP Green Mountain Water and Sanitation District Jeff Tyus 13919 West Utah Avenue Lakewood, CO 80228 303.800.9046 / jtyus@greenmountainwater.org 1,239,545.00$ 2%02/23 Boulder Waterline Replacement City of Boulder Dan Kvasnicka PO Box 791 Boulder, CO 80306 303.441.3201 / kvasnickad@bouldercolorado.gov 2,488,720.00$ 70%03/23 Rampart Range Road Roxborough Water and Sanitation District Barbara Biggs 6222 N. Roxborough Park Road Littleton, CO 80125 303.979.7286 2,972,151.50$ 95%05/23 SH-91 Culvert Repair (CO911-007)Colorado Department of Transportation (3) Scott Harris 714 Grand Ave. Eagle, CO 81631 303.512.5620 / scott.harris@state.co.us 1,002,425.81$ 90%05/23 ECCV Zone 2 Tanks Isolation Valves East Cherry Chreek Valley Water & Sanitation District Rodney Evans 6201 S Gun Club Rd Aurora, CO 80016 720.934.1871 / revans@eccv.org 595,000.00$ 50%01/23 3 BID 9728 Utilities 2023 Pipe Bursting Projects Page 30 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Project Owner Amount % Complete Scheduled Completion MAJOR CONSTRUCTION PROJECTS IN PROGRESS Crawford State Park Colorado Parks and Wildlife Betsy Gillard 6060 Broadway Denver, CO 80216 303.291.7387 / betsy.gillard@state.co.us 370,200.00$ 0% 02/23 Lake Pueblo SP Wastewater Department of Natural Resources Colorado Parks and Wildlife Shaun Gordon 1313 Sherman St Denver, CO 80203 719.227.5257 / shaun.gordon@state.co.us 1,249,300.00$ 0%08/23 4 BID 9728 Utilities 2023 Pipe Bursting Projects Page 31 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Mr. Snyder began his career as an U.S. Army officer in the U.S. Army Corps of Engineers in 1989. He completed his military service and joined the heavy/civil construction community in 1993. Within 10 years, Mr. Snyder decided to begin his journey as an entrepreneur. He started American West Construction, Inc. (AWC) in 2002, a heavy/civil construction company based in Denver, Colorado. In his capacity as company president, Mr. Snyder has managed every aspect of the company from personnel and project management to project procurement. Mr. Snyder has guided the company from its humble beginning to an organization with over 90 employees and over 50 pieces of heavy equipment which has completed over 600 construction projects valued over $300 million. The company’s work history includes design-build construction, storm and sanitary sewer pipe construction and/or rehabilitation, waterline construction, pond lining, pump/lift stations, earthmoving/grading, road construction, channel work, culvert rehabilitation, and dam work for a variety of federal, state, and local government entities as well as the private sector. Through Mr. Snyder’s leadership, AWC has established itself as an expert in culvert lining and trenchless technology. Since 2004, AWC has completed over 50 pipe lining projects worth over $35 million. As a testament to AWC’s expertise, Mr. Snyder has made presentations to a variety of engineers and governmental agencies on AWC’s experiences and recommendations in pipe lining. Amid AWC’s growth and success, Mr. Snyder’s instills a belief throughout the organization that the company has a responsibility to its employees, their families, and the greater community as well. Over the years, AWC has contributed to worthwhile causes such as the Tennyson Center for Children and Hope House Colorado, metro- Denver’s only resource providing free self-sufficiency programs to parenting teen moms. Mr. Snyder currently serves as the Board Treasurer for Hope House Colorado. American West Construction, LLC (2002-Present) Mountain West Construction (2001-2002) TARCO, Inc. (1998-2001) SEMA Construction (1997-1998) Flatiron Structures Company (1993-1997) U.S Army Corps of Engineers (1989-1993) Colorado Technical College, MS Management, (1996) United States Military Academy, BS Civil Engineering, (1989) Licensed Professional Engineer Colorado #35316 Virginia #402029325 Associated General Contractors of America Colorado Contractors Association (Board Member) National Utility Contractors Assoc North American Society of Trenchless Technology Hope House (Board Treasurer) Louis Keen, P.E. Colorado Department of Transportation (970) 350-2228 Dennis Laurita City of Thornton (303) 538-7649 References President/Manager Professional Summary Experience Education Licensing & Certifications Organizations & Societies PAUL SNYDER, P.E. CONSTRUCTION LLC BID 9728 Utilities 2023 Pipe Bursting Projects Page 32 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Mr. Schrameyer has over 20 years experience in heavy/civil construction. He joined American West Construction, LLC (AWC) in November of 2003 and became a member in January of 2009. In addition to his project management and estimating experience, it is Mr. Schrameyer’s teamwork mentality and willingness to step in any role that have been a major contributor towards AWC’s growth to almost 100 employees and over 50 pieces of heavy equipment. He has held multiple roles with AWC including Senior Project Manager, Chef Estimator and Operations Manager. He currently serves as the Vice President of Estimating. Prior to joining AWC, Mr. Schrameyer was a project manager and estimator for two other utility/infrastructure contractors. While in their employ, he managed over $16 million in project revenues on an annual basis. These projects included sanitary, water and storm utility installation, concrete box culverts, channel stabilization projects, earthwork and curb and gutter. He also managed the Highway 36 East Interchange/RTD Park-n-Ride, located near Flatirons Crossing Mall, which totaled $23 million in revenue. American West Construction (2003-Present) Arapahoe Utilities and Infrastructure (2002-2003) TARCO, Inc. (1999-2002) FRUCON Engineering (1998-1999) Missouri University of Science and Technology, BS, Civil Engineering (1998) OSHA 10 hour OSHA 30 hour First Aid and CPR Certification Associated General Contractors of America Colorado Contractors Association National Utility Contractors Association North American Society of Trenchless Technology American Water Works Association David Skuodas Mile High Flood Control District 303-455-6277 Kent Kisselman City of Northglenn 720-737-5802 References Member/Vice President Professional Summary Experience Education Licensing & Certifications Organizations & Societies BRIAN SCHRAMEYER CONSTRUCTION LLC BID 9728 Utilities 2023 Pipe Bursting Projects Page 33 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Mr. Casagranda has a strong accounting background both in job experience and education. Prior to joining AWC in 2009, he served as Controller and Chief Financial Officer for construction companies. Mr. Casagranda manages all finance, accounting and treasury function including cash flow management for AWC. In addition Mr. Casagranda oversees all Human Resource and Information Technology (IT) functions.American West Construction (2009-Present) Certified Public Accountant (CPA) References ROB CASAGRANDA CFO/ Member Experience Licensing & Certifications Professional Summary CONSTRUCTION LLC Leonard J Koch Vectra Bank 720-947-8433 Leonard.Koch@vectrabank.com Matt Beerbower Rubin Brown 303-952-1252 Matt.Beerbower@RubinBrown.com University of Denver BS, Accounting (1998) Education BID 9728 Utilities 2023 Pipe Bursting Projects Page 34 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00400 SAFETY FORM BID 9728 Utilities 2023 Pipe Bursting Projects Page 35 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B CONTRACTOR SAFETY FORM Please complete the following form to provide information about your Company’s safety records and procedures. This information will be included in the evaluation of the submitted proposal. We reserve the right to request additional documentation, at any point, that supports the accuracy of this form. Section 1. General Information Company Name Number of Employees Full Time: Part Time: Seasonal: Insurance Carrier Self-insured for Workers Compensation? Y ☐ N ☐ Section 2. Health and Safety Professional Information Does your company have a full-time dedicated Safety Officer? Y ☐ N ☐ If yes, provide the following information for the dedicated Safety Officer: Name: Title: Phone Number: Email: If no, provide the following information of the person responsible for safety in your company: Name: Title: Phone Number: Email: Provide the following information for the site safety Point of Contact: Name: Title: Phone Number: Email: Section 3. Health and Safety Program Does your company have a written Company Safety Program? Y ☐ N ☐ Does the written Company Safety Program cover the work activities proposed by your company for this project? Y ☐ N ☐ Does the written Company Safety Program include the following: Health and Safety Training Y ☐ N ☐ Employee/Management Responsibility Y ☐ N ☐ Hazard Recognition and Control Y ☐ N ☐ Incident Reporting and Investigation Y ☐ N ☐ American West Construction, LLC 77 0 0 National Union Fire Insurance Company X X Kris Lister Senior Safety Manager 303.455.0838 klister@trustawc.com Kris Lister Senior Safety Manager 303.455.0838 klister@trustawc.com X X X X X X BID 9728 Utilities 2023 Pipe Bursting Projects Page 36 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Describe a typical job site safety briefing (time, location, frequency, topics, documentation). How does your company ensure health and safety program compliance throughout the project? Does your company perform written Job Hazard Analysis’s (JHA’s) regularly and document them? Y ☐ N ☐ How often does your company conduct Health and Safety audits or inspections? Does your company have a written corrective action plan for any findings? Y ☐ N ☐ Section 4. Training and Certifications List required safety training ALL employees receive: List specialized safety training employees receive as needed: X X Daily toolbox or tailgate meetings are held each day at the start of the shift to discuss operations of the day they are documented on the JHA for the day along with other topics discussed that day then signed by each member of the crew on site and visitors. Program compliance is monitored by conducting monthly or more frequent safety inspections by project managers and Safety Manager. Daily and weekly site inspections, spot checks are conducted by site supervision. Site safety audits are conducted monthly by the Project Manager or the Safety Manager. Other inspections are as needed but normally include Daily Spot checks and weekly site inspections by project supervision. Reference attached New Hire Orientation Checklist. BID 9728 Utilities 2023 Pipe Bursting Projects Page 37 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Does your company maintain records of all safety training and certifications? Y ☐ N ☐ Section 5. Safety Equipment (Engineered Controls) Will your company be performing any Trenching/Excavation and Confined Space Activities? Y ☐ N ☐ If yes, list what protective shoring equipment you will have available for the job site? If entering Permit Required Confined Spaces (PRCS), such as vaults or sewers, what is your procedure for these activities? Section 6. Health and Safety Records List the Company’s Experience Modification Rate (EMR) for the previous 3 years Year: EMR: Year: EMR: Year: EMR: For any EMR greater than 1, provide an explanation for the rating and describe the corrective action taken by the Company. Use additional pages if needed. X X 2022 2021 2020 0.77 1.38 1.57 Reference attached Confined Space Entry Procedure Trench Box. AWC has taken extensive measures to improve the overall safety culture of AWC to aid in lowering our current EMR rate and most importantly keep our crews safe. AWC has hired a safety consultant who has implemented a safety incentive program, awarding team members for good safety practices. AWC also has monthly all hands meetings to train on any trending safety issues both specific to AWC and across the industry. AWC takes safety seriously and has created an in house Safety committee so everyone can be heard and issues can be solved. BID 9728 Utilities 2023 Pipe Bursting Projects Page 38 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Provide the number of injuries and illnesses recorded (OSHA 300 log or equivalent) in the previous 3 years: Calendar Year Year: Year: Year: Number of Fatalities Number of OSHA recordable cases Number of OSHA modified duty cases Number of OSHA lost time cases OSHA Total Recordable Incident Rate (TRIR) Number of recordable cases x 200,000 Number of hours worked OSHA DART Rate (Days Away Restricted or Transferred) Number of DART cases x 200,000 Number of hours worked Average number of employees on payroll Have any OSHA citations been issued to your company in the past 3 years? Y ☐ N ☐ If yes, list the citations and for each, provide the type of violation, an explanation for the citation, the penalty issued, and describe the corrective action taken by the Company. Limit your response to projects that have occurred in the Rocky Mountain region. Use additional pages if needed. X Other than serious violation issued pertaining to training documentation. AWC has since devloped a new training system to formally train all employees and document said training. 2022 2021 2020 0 0 0 2 2 4 0 1 0 0 1 0 84 80 84 2.66 4.30 4.01 0 1.1 0 BID 9728 Utilities 2023 Pipe Bursting Projects Page 39 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Job Title Date: Company / Division Job# NEW HIRE ORIENTATION CHECKLIST - PART 1 MEDICAL CONDITIONS - DO YOU UNDERSTAND YOU ARE: To inform your Supervisor when on medication. COMPANY DISCIPLINARY ACTION POLICY SAFE WORK PRACTICES Drug and/or Alcohol Policy Approaching equipment (eye contact) Serious safety violations may result in termination Daily equipment check Violence at work Electric cords EMERGENCY RESPONSE PLAN Exit cab during servicing Ambulance call procedure Fall protection policy / over water Environmental Policy Housekeeping Evacuation procedures Ladders / three point contact Fire Lifting First-aid kit locations Power tools How to notify safety Rigging / Hoisting MSDS Location Scaffolds EMPLOYEE RESPONSIBILITIES Seatbelt policy Assist in investigations Walking & working surfaces Comply with all safety rules SITE SPECIFIC HAZARDS If unsure of task, ask your supervisor Traffic Participation in light work program DO YOU UNDERSTAND THAT: Report all incidents/near hits You have the right to refuse unsafe work? Report / correct unsafe conditions Working safely is a condition of employment? Reporting fit for duty. Call in policy DO YOU: PERSONAL PROTECTIVE EQUIPMENT Hard hats, reflective vest, and safety glasses Hearing protection and approved footwear Have a valid First Aid / CPR Certification? Have a valid Driver’s License? Have a valid OSHA 10? Have a Valid OSHA 30?Long pants and shirt sleeves with a 4” minimum SPECIALIZED PROTECTIVE EQUIPMENT Chain saw chaps NEW HIRE ORIENTATION CHECKLIST - PART 2 Consult Safety Dept for MSDS Face shield SAFE WORK PRACTICES Fall protection equipment Combustible / Flammable liquids Protective clothing Compressed gases Protective equipment, as task performed requires Crane radio protocol Respiratory protection Lockout / Tag out procedure SAFETY MEETINGS Rigging/hoisting Daily tailgate/toolbox meetings Signs / Tags / Barricades Project safety meetings Traffic control Weekly safety meetings Walking & Working surfaces PROJECT INFORMATION Working around electricity Employee parking SITE SPECIFIC HAZARDS Entry/exit routes Confined Spaces Medical clinic/hospital/police Trenches Project address Utilities–overhead Site office location Utilities–underground / Name Employee Signature Date / Relationship / Phone # Trainer Signature Date AN EQUAL OPPORTUNITY EMPLOYER New Hire Orientation Checklist Supervisor: EMERGENCY CONTACT INFORMATION Phone#: Supv Phone#: Employee Name: NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes NoYes BID 9728 Utilities 2023 Pipe Bursting Projects Page 40 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Health & Safety Plan December 2021 16| P a g e Appendix E – Confined Space Entry Procedures AWC’s policy is that all individuals entering a confined space shall comply with the Confined Space Entry Procedure below. Various state and federal regulatory agencies mandate specific procedures for confined space entry. These procedures are necessary for the prevention of injury or death due to the presence of a potentially hazardous atmosphere (oxygen deficiency, toxic gases or vapors, or flammable/explosive conditions), limited means of entry or exit, or the entry into areas not intended for continuous occupancy. Due to the many types of confined spaces, it is not possible to describe each entry method in detail; therefore, these requirements shall be considered as the minimum procedure to be followed. Special situations may require additional precautions which should be evaluated at the time of entry by the site superintendent in charge. Any problems or concerns with a confined space entry should be reported to the AWC Safety Manager. According to OSHA, a confined space is defined as a special configuration that could result in any of the following: •A condition in which dangerous air contamination, oxygen deficiency, or oxygen enrichment may exist or develop, or •A condition where the emergency removal of a suddenly disabled person is difficult due to the location or size of the access opening, or •A condition where the risk of engulfment exists or could develop. The potential hazards in a confined space include, but are not limited to: •Lack of oxygen. •Enriched levels of oxygen (over 21.5% is explosive). •The presence of gases or vapors that are toxic, explosive, or both. It may be necessary to enter a confined space for purposes of inspection, cleaning, or maintenance. Any individual who must do so shall be instructed on the procedure of confined space entry before entering. Following are examples of confined spaces: o Storage tanks, vats o Pipelines o Bins and tubs o Silos o Process vessels o Open top pits, trenches, and vessels o Boilers o Ducts, ventilation or exhaust o Wastewater bar screens o Wastewater wet wells o Underground stations o Manholes o Tunnels o Sewer lines o Water or other liquid reservoirs o Holding tanks o Wastewater grit chambers o Voids or crawl spaces beneath false flooring. o Septic tanks o Utility tunnels, conduits, vaults, and shafts without ventilation. o Spaces adjacent to the above which are separated by a bulkhead and have no mechanical ventilation. Definitions: BID 9728 Utilities 2023 Pipe Bursting Projects Page 41 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Health & Safety Plan December 2021 17| P a g e Confined Space Entry: Any action resulting in or requiring any part of the worker’s body to break the plane of any opening of the confined space. Confined space entry also includes any ensuing work activities within the confined space. Confined Space Entry Permit (CSEP): A document initiated by the supervisor of personnel required to enter or work within a confined space. The CSEP will be valid only for the performance of the work identified and for the location and time specified. The beginning of a new shift with change of personnel will require the issuance of a new CSEP. General Provisions: •When possible, confined spaces shall be identified with a posted sign that reads: “CAUTION -CONFINED SPACE”. •Only personnel trained and knowledgeable of the requirements of Confined Space Entry Procedures will be authorized to enter a confined space. •A Confined Space Entry Permit must be issued prior to the performance of any work within a confined space. The CSEP will become a part of the site record. •Natural ventilation must be provided for the confined space prior to initial entry and for the duration of the CSEP. Positive/forced mechanical ventilation may be required; however, care should be taken not to spread contamination outside of the enclosed area. •If flammable liquids, gases, or vapors may be contained within the confined space, explosion proof equipment will be used, and continuous hazard monitoring performed. All equipment shall be positively grounded. •The contents of any confined space shall, where necessary, be removed prior to entry. All sources of ignition must be removed prior to entry. •Feed lines to confined spaces must be broken and blanked-out, and sources of electrical or mechanical energy that could activate any area of the confined space must be identified and must be tagged and locked out prior to confined space entry. •If a confined space requires respiratory equipment, or where rescue may be difficult, safety belts, body harnesses and a lifeline will be used. •A ladder is required in all confined spaces deeper than an employee’s shoulders. The ladder must be secured and not removed until all employees have exited the space. •Only a self-contained breathing apparatus or NIOSH approved airline respirator equipped with a 5-minute emergency air supply (egress bottle) must be used in untested confined spaces or in any confined space with conditions determined immediately dangerous to life and health. •Smoking in confined spaces is prohibited. Procedures: Each confined area is subject to these entry procedures. Training on confined space entry is required annually or before entry. If there are any questions pertaining to these procedures, please contact your immediate supervisor or one of AWC's Safety staff. Before entering any space, which may be considered confined, the employee must contact his/her supervisor to decide if the confined area entry procedures apply to the situation. 1. A pre-entry crew meeting must be held to discuss the entry procedures. No entry shall be made into a confined atmosphere until the atmosphere has been tested with a detector to determine oxygen levels, the presence of toxic or combustible vapors, or the presence of toxic gases, if applicable. BID 9728 Utilities 2023 Pipe Bursting Projects Page 42 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Health & Safety Plan December 2021 18| P a g e 2. If possible, ensure removal of any materials that may produce toxic or air displacing gases, vapors, or dust. 3. If it is known or suspected that dangerous materials can flow into the confined area (gases, steam, caustics, etc.), block off their entry. Ensure that any hot work (for example welding) that is to be performed in the confined space has been approved by the Safety Manager. 4. All employees must wear the necessary personal protective equipment (harness with lifeline, eye protection, chemical suit, gloves, etc.) as appropriate. 5. If a confined space has been ventilated for a reasonable amount of time and it has not been possible to bring the inside atmosphere conditions to within acceptable limits for safe entry, the space must be upgraded to a permit entry hazardous space. No further entry attempts should be made until the permit entry procedures have been initiated and complied with. Ventilate the confined space until the atmosphere is in the acceptable range before any employees enter. If positive ventilation is necessary, it must be used for the duration of time that the work is performed in the space. Atmospheric monitoring must be conducted, and the employee(s) entering the confined space must wear a self-contained breathing apparatus and safety harness with lifeline. Confined Space Emergency Rescue Procedures: 1. When an emergency rescue is necessary from any confined space, the rescue must be accomplished immediately. Sufficient/appropriate emergency rescue equipment must be positioned and available prior to confined space entry. Notify 911 immediately and make the effort to remove the affected individual(s) without endangering other personnel. Note: Do not attempt an entry if the rescue and personal protective equipment onsite is inadequate, non-functioning, or of the incorrect type. Do not enter the confined space until the atmosphere is safe, or until you obtain the proper equipment for rescue. 2. When the atmosphere is questionable, proceed as though it is contaminated. Remove the victim prior to administering aid in questionable atmospheres. 3. Upon entry, immediately assess the injury or problem. Determine the general nature of the injury and the condition of the victim. You do not have time to conduct an extensive physical examination. Check for serious conditions starting with breathing, heartbeat, bleeding, fractures, and other injuries. 4. When it is certain the atmosphere is safe, provide the victim with immediate treatment, such as CPR, and then remove him or her from the confined space. BID 9728 Utilities 2023 Pipe Bursting Projects Page 43 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00525 Scope of Work 00530 Notice to Proceed BID 9728 Utilities 2023 Pipe Bursting Projects Page 44 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00510 NOTICE OF AWARD DATE: April 4, 2023 TO: American West Construction, LLC PROJECT: 9728 UTILITIES PIPE BURSTING PROJECTS OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") CONTRACTOR is hereby notified that your Bid dated 2/21/2023 for the above project has been considered. CONTRACTOR is the apparent successful Bidder and has been awarded an Agreement for 9728 Utilities 2023 Pipe Bursting Projects. The Price of the Agreement is seven hundred ninety-three thousand, three hundred thirty dollars ($793,330). One (1) copy of all Contract Documents accompany this Notice of Award. Additional copies of the drawings may be requested from the Project Manager. CONTRACTOR must comply with the following conditions within fifteen (15) days of the date of this Notice of Award, that is by April 19, 2023. 1. CONTRACTOR must deliver to the OWNER a fully executed Agreement complete with authorized signature on the signature page. 2. CONTRACTOR must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. City of Fort Collins OWNER By: Gerry Paul Purchasing Director BID 9728 Utilities 2023 Pipe Bursting Projects Page 45 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 4th day of April in the year of 2023 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and American West Construction, LLC (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the Utilities 2023 Pipe Bursting Projects. ARTICLE 2. CHANGE ORDERS The City, may, at any time during the term and without invalidating the Agreement, make changes to the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as 00950, consisting of one (1) page and incorporated herein by this reference. ARTICLE 3. ENGINEER The Project has been designed by the OWNER, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 4. CONTRACT TIMES 4.1 The Work shall be Substantially Completed by the CONTRACTOR, as evidenced by the issuance of the Certificate of Substantial Completion, within one hundred twenty (120) calendar days after the date of the Notice to Proceed. 4.2 The Work must be completed by the CONTRACTOR and ready for Final Payment and Acceptance in accordance with Article 14 of the General Conditions within thirty (30) calendar days after Substantial Completion. 4.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraphs 4.1 and 4.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated Damages for delay BID 9728 Utilities 2023 Pipe Bursting Projects Page 46 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion. One thousand dollars ($1,000) for each calendar day or fraction thereof, during one (1) to thirty (30) days after one hundred twenty days (120) until the work is Substantially Complete; if incomplete after thirty (30) days, the liquidated damages are five hundred dollars ($500) per calendar day, or fraction thereof, until the work is Substantially Complete. 2) Final Payment and Acceptance: After Substantial Completion, five hundred dollars ($500) for each calendar day or fraction thereof after thirty (30) days after Substantial Completion until the Work is ready for Final Payment and Acceptance. ARTICLE 5. CONTRACT PRICE 5.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents as follows: seven hundred ninety- three thousand, three hundred thirty dollars ($793,330) payable on a unit price not to exceed basis, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 6. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be calculated on the basis of the progress of the Work. I In the case of Unit Price Work, progress payments will be based on the number of units completed and pricing will be in accordance with the Bid Form, Section 00300. 6.1.1 APPLICATION FOR PAYMENT Applications for Payment should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Contractor each month following the submittal of a correct invoice completed in accordance with the Application for Payment, Section 00960. Payments will be made using the prices stated in the Work Order. In the event a service is requested that is not stated in the Work Order, the Contractor and the City will negotiate an appropriate unit price for the service prior to the Contractor initiating such work. The City pays invoices on Net 30 terms. 6.1.2 Prior to Substantial Completion, OWNER will be entitled to withhold as contract retainage five percent (5%) of each progress payment, BID 9728 Utilities 2023 Pipe Bursting Projects Page 47 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Article 14.7 of the General Conditions. If, in the sole discretion of OWNER, on recommendation of ENGINEER, OWNER determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in Article 14.2 of the General Conditions) may be included in the Application for Payment 00960. 6.1.3 Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with Article 14.7 of the General Conditions or as provided by law. 6.2. FINAL PAYMENT AND ACCEPTANCE. Upon Final Payment and Acceptance of the Work in accordance with Article 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Article 14.13. ARTICLE 7. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, local conditions, and all applicable Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, studies, and subsurface or physical conditions, identified in the Supplementary Conditions, at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. BID 9728 Utilities 2023 Pipe Bursting Projects Page 48 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B 7.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of Article 4.3 of the General Conditions. 7.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8. CONTRACT DOCUMENTS 8.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions and Supplementary Conditions. Contract Documents are further defined in Article 1.10 of the General Conditions and other items as stated below, all of which are incorporated herein by this reference. 8.2 Forms for use by CITY and/or CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: Section 00300 Bid Form Section 00420 Statements of Bidders Qualifications Section 00430 Schedule of Subcontractors Section 00510 Notice of Award Section 00520 Agreement Section 00525 Scope of Work Section 00530 Notice to Proceed Section 00610 Performance Bond Section 00615 Payment Bond Section 00630 Certificate of Insurance Section 00635 Certificate of Substantial Completion Section 00640 Certificate of Final Acceptance Section 00650 Lien Waiver Release Section 00660 Consent of SURETY Section 00700 General Conditions Section 00800 Supplementary Conditions Section 00950 Change Order Section 00960 Application for Payment 8.3 Specifications & Drawings consisting of the following: Exhibit A GRUNDOCRACK PIPE BURSTING SYSTEM Specification, consisting of six (6) pages; BID 9728 Utilities 2023 Pipe Bursting Projects Page 49 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Exhibit B Project Drawings/Maps consisting of three (3) pages. 8.4. Addenda Numbers 1 to 2, inclusive. 8.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 8.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Article 3 and paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 9. MISCELLANEOUS 9.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights, obligations or interests in or under the Contract Documents will be binding on another party hereto without the prior written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Documents. Any such assignment without the required prior written consent of the OWNER, shall be deemed null and void and have no effect. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, promises, and obligations in this Agreement and in the Contract Documents. 9.4 To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the OWNER, it shall be subject to annual appropriation by OWNER’S City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The OWNER shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 9.5 The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the OWNER subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. 9.6 All notices provided under this Agreement shall be effective immediately when emailed or three business days from the date of the notice when mailed to the following addresses: Contractor: City: Copy to: BID 9728 Utilities 2023 Pipe Bursting Projects Page 50 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B American West Construction, LLC Attn: Brian Schrameyer 275 E. 64th Avenue Denver, CO 80221 bschrameyer@trustawc.com City of Fort Collins Attn: Angel Anderson PO Box 580 Fort Collins, CO 80522 aanderson@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com OWNER: CITY OF FORT COLLINS CONTRACTOR: AMERICAN WEST CONSTRUCTION, LLC By: By: Gerry Paul, Purchasing Director PRINTED Title: Date: Date: Attest: (CORPORATE SEAL) Attest: Approved as to Form: BID 9728 Utilities 2023 Pipe Bursting Projects Page 51 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Vice President Brian Schrameyer 5/8/2023 Assistant City Attorney ll 5/9/2023 City Clerk SECTION 00525 SCOPE OF WORK Services to provide for all projects: 1. Service Line dye testing pre and post construction 2. Mobilization 3. Traffic Control o price as optional – may use City traffic control 4. Potholing Service Lines o Service identification will be completed with the support of Wastewater Field Services Crews and Project Manager 5. Preconstruction service locates 6. Customer communications coordination o communications will be completed by City PM 7. Launch/receiving pits o Include temporary bypass 8. Pipe replacement 6” to 8” 9. Sewer service reconnection o Include bypass 10. Asphalt & Concrete removal & replacement restored to previous condition or better 11. Landscape/Fence restored to previous condition or better 12. CCTV at completion of each project 13. Misc. Pass-through cost o Permits, bonds, and water access cost ▪ Water hydrant meter access Assumptions: 1. Light to normal levels of cleaning 2. Light ground water 3. Basic construction customer notifications (door hangers) with support of City PM (direct communication with occupant) 4. Completing all three projects back-to-back Specific Project Details: 1. 900 Blk Woodford o Replace 140 LF of 6” Vitrified Clay Pipe with new 8” PVC o Estimated depth of pipe - 12 feet o Number of Service connections - 2 o Alleyway runs North & South from the middle of Woodford Avenue Alley from Manhole Asset ID Number 10029054 to Woodford Avenue. Reconnect to existing 8” PVC in Woodford Avenue. 2. 500 Blk Stover Alley o Replace 450 LF of 6” Vitrified Clay Pipe with new 8” PVC. o Estimated depth of pipe 11 feet o Number of Service connections - 18 o Alleyway runs North & South from manhole asset ID Number 10026782 located in E. Mulberry St to manhole asset ID Number 10054577 at the end of the alleyway off of E. Myrtle St. 3. 500 Blk Smith Alley o Replace 449 LF of 6” Vitrified Clay Pipe with new 8” PVC. BID 9728 Utilities 2023 Pipe Bursting Projects Page 52 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B o Estimated depth of pipe 12 feet o Number of Service connections - 22 o Alleyway runs North & South from manhole asset ID Number 10050566 located in E. Mulberry St to manhole asset ID Number 10026785 at the end of the alleyway off of E. Myrtle St. BID 9728 Utilities 2023 Pipe Bursting Projects Page 53 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00530 NOTICE TO PROCEED Original Bid Number & Name: 9728 UTILITIES PIPE BURSTING PROJECTS Description of Work: Rehabilitation of three existing sanitary sewer projects using the Grundocrack Pipe Bursting System. To: American West Construction, LLC This notice is to advise you: That the Contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. Therefore, as the CONTRACTOR for the above described Work, CONTRACTOR is hereby authorized and directed to proceed with the Work to begin on . The dates for Substantial Completion and Final Acceptance shall be , 2023 and , 20 , respectively. Dated this day of , 2023. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 2023. CONTRACTOR: American West Construction, LLC By: Title: BID 9728 Utilities 2023 Pipe Bursting Projects Page 54 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of SURETY 00670 Application for Exemption Certificate BID 9728 Utilities 2023 Pipe Bursting Projects Page 55 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL PEOPLE BY THESE PRESENTS: that American West Construction, LLC 275 E. 64th Avenue Denver, CO 80221 a Limited Liability Company, hereinafter referred to as the "PRINCIPAL" and (Firm) (Address) hereinafter referred to as "the SURETY", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522, a home rule municipality, hereinafter referred to as the "OWNER", in the penal sum of seven hundred ninety-three thousand, three hundred thirty dollars ($793,330) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the PRINCIPAL entered into a certain Agreement with the OWNER, dated the 6th day of March in the year of 2023, a copy of which is hereto attached and made a part hereof for the performance of the City of Fort Collins Project, 9728 UTILITIES PIPE BURSTING PROJECTS. NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without any notice to the SURETY and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the SURETY Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. BID 9728 Utilities 2023 Pipe Bursting Projects Page 56 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B IN WITNESS WHEREOF, this instrument is executed this _____ day of _____ ____, 20____. IN PRESENCE OF: PRINCIPAL (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other PARTNERS By: By: IN PRESENCE OF: SURETY By: (Address) (SURETY Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Attach to form when submitted: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact BID 9728 Utilities 2023 Pipe Bursting Projects Page 57 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00615 PAYMENT BOND Bond No. KNOW ALL PEOPLE BY THESE PRESENTS: that American West Construction, LLC 275 E. 64th Avenue Denver, CO 80221 a Limited Liability Company, hereinafter referred to as the "PRINCIPAL" and (Firm) (Address) hereinafter referred to as "the SURETY", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 , a home rule municipality, a home rule municipality, hereinafter referred to as "the OWNER", in the penal sum of seven hundred ninety- three thousand, three hundred thirty dollars ($793,330) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the PRINCIPAL entered into a certain Agreement with the OWNER, dated the 6th day of March in the year of 2023, a copy of which is hereto attached and made a part hereof for the performance of the City of Fort Collins Project, 9728 UTILITIES PIPE BURSTING PROJECTS. NOW, THEREFORE, if the PRINCIPAL shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including but not limited to, all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the SURETY Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. BID 9728 Utilities 2023 Pipe Bursting Projects Page 58 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B IN WITNESS WHEREOF, this instrument is executed this _____ day of _____ ____, 20____. IN PRESENCE OF: PRINCIPAL (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other PARTNERS By: By: IN PRESENCE OF: SURETY By: (Address) (SURETY Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Attach to form when submitted: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact BID 9728 Utilities 2023 Pipe Bursting Projects Page 59 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00630 CERTIFICATE OF INSURANCE The CONTRACTOR will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the CONTRACTOR shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the CONTRACTOR under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Contractor 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The CONTRACTOR shall maintain during the life of this Agreement for all of the CONTRACTOR’s employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The CONTRACTOR shall maintain during the life of this Agreement such General Liability as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for General Liab ility, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The CONTRACTOR shall maintain during the life of this Agreement such Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. BID 9728 Utilities 2023 Pipe Bursting Projects Page 60 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B D. Builder’s Risk. The CONTRACTOR shall maintain during the term of this Agreement builder’s risk insurance in the amount of full insurable replacement cost. The insurance shall: Be written on a builder’s risk “all risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; earthquake and other earth movement; flood; collapse; explosion; debris removal; demolition; and water damage (other than that caused by flood). Cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including OWNER-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures E. Subcontractors. In the event any work is performed by a subcontractor, the CONTRACTOR shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. F. Primary Coverage. For any claims related to the Agreement, CONTRACTOR’s insurance shall be primary coverage, and any insurance or self-insurance maintained by the City, its officers, agents and employees shall be in excess of the CONTRACTOR’s insurance and shall not contribute with it. G. Waiver of Subrogation. CONTRACTOR will grant to the City a waiver of any right of subrogation which any insurer of CONTRACTOR may acquire against the City by virtue of any payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. In the event any work is performed by a subcontractor, the CONTRACTOR shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance . BID 9728 Utilities 2023 Pipe Bursting Projects Page 61 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 9728 UTILITIES PIPE BURSTING PROJECTS PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: American West Construction, LLC CONTRACT DATE: March 6, 2023 The Work performed under this AGREEMENT has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the Project or specified part of the Project, as indicated above is hereby declared to have achieved Substantial Completion on the above date. Pursuant to the Contract Documents, CONTRACTOR has provided the following items, where applicable:  Record Drawings (ie. final as-builts)  Operations & Maintenance Manuals  All applicable training  Commissioning  Third Party Warranties  Owner’s Extra Stock & Parts  Keys  Other: A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. OWNER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list on or before the Final Acceptance and Completion date of , 20 . BID 9728 Utilities 2023 Pipe Bursting Projects Page 62 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the Project or specified area of the Project as substantially complete and will assume full possession of the Project or specified area of the Project at 12:01 a.m., on , 20 . CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE BID 9728 Utilities 2023 Pipe Bursting Projects Page 63 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE AND COMPLETION Month, day , 20 TO: American West Construction, LLC You are hereby notified that on the day of , 20 , the City of Fort Collins, Colorado, has accepted the Work completed by American West Construction, LLC for the City of Fort Collins Project, 9728 UTILITIES PIPE BURSTING PROJECTS. Pursuant to the Contract Documents, CONTRACTOR has provided the following items: A. All documentation called for in the Contract Documents, including without limitation certified payrolls as required for state or federally funded projects; B. Consent of the SURETY, if any, to final payment; C. Satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to OWNER free and clear of any Liens or other title defects or will so pass upon final payment. D. A list of all disputes that CONTRACTOR believes are unsettled; and E. Complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. Your continuing obligations and guarantees for the Project will be as provided in the Contract Documents. OWNER: City of Fort Collins By: Title: BID 9728 Utilities 2023 Pipe Bursting Projects Page 64 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: American West Construction, LLC (CONTRACTOR) PROJECT: 9728 UTILITIES PIPE BURSTING PROJECTS 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the SURETY on the project against and from any claim hereinafter made by the CONTRACTOR'S subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorney’s fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and SURETY on any Payment and Performance Bonds for the project. BID 9728 Utilities 2023 Pipe Bursting Projects Page 65 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Signed this date , day of month , 20 . CONTRACTOR: AMERICAN WEST CONSTRUCTION, LLC By: Title: ATTEST: Secretary STATE OF ) )ss. COUNTY OF ) Subscribed and sworn to before me this date day of month 20 , by printed name of notary . Witness my hand and official seal. Signed and sworn to [or affirmed] before me on _______________________, 20 by __________________________________ (name(s) of individual(s) making statement). ____________________________________ (Notary’s official signature) ____________________________________ (Title of office) ____________________________________ (Commission Expiration) BID 9728 Utilities 2023 Pipe Bursting Projects Page 66 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: American West Construction, LLC PROJECT: 9728 UTILITIES PIPE BURSTING PROJECTS CONTRACT DATE: March 6, 2023 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for . (SURETY) on bond numbers hereby approves of the Final Payment to the CONTRACTOR and agrees that Final Payment to the CONTRACTOR shall not relieve the SURETY of any of its obligations to the OWNER, as set forth in the said SURETY's Bonds. IN WITNESS WHEREOF, the SURETY has hereunto set its hand this date day of month , 20 . (SURETY) By: ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. State of County of ____________________ This record was acknowledged before me on _________________________, 20 _____ by _________________________ as (type of authority, such as officer or trustee) of (name of party/entity on behalf of whom record was executed). (name of officer or agent, title of officer or agent) of (name of corporation acknowledging) a (state or place of incorporation) corporation, on behalf of the corporation. ____________________________________ (Notary’s official signature) ____________________________________ (Title of office) ____________________________________ (Commission Expiration) BID 9728 Utilities 2023 Pipe Bursting Projects Page 67 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Fax completed forms and contracts to 303-205-2376 or mail to: Colorado Department of Revenue, Denver, CO 80261-0009 Failure to accurately complete all boxes of the form or provide all supporting documentation will cause the application to be denied. Must be completed by applicant Contractor Information Trade name/DBA Owner, partner or corporate last name First Name Middle Initial Mailing Address City State ZIP E-Mail Address FEIN Bid amount for your contract (Must match to the penny) $ Fax number Business Phone number Colorado withholding tax account number If your company does not have a Colorado withholding tax account number check the option below that applies (See instructions) Subsidiary Subcontractors Staffing Agency No employees/subcontractors (see below) No Employees/Subcontractors. (Provide explanation or attach a letter of explanation). Exemption Information **Attachment Required**Copies of contract or agreement page, identifying the contracting parties, bid amount, type of work, and signatures of contracting parties must be attached Name of exempt organization (as show on contract)Exempt organization's number (See instructions) 98 Address of exempt organization City State ZIP Principal contact at exempt organization-Last Name First Name Middle Initial Housing Authority (if applicable)Name of Project (if applicable) Owner of the Project (if applicable) Physical location of project site (give actual address when applicable and Cities and/or County(ies) where project is located) City State ZIP Principal contact's telephone number Scheduled construction start date (MM/DD/YY)Estimated completion date (MM/DD/YY) (See instructions) I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of the business owner, partner or corporate officer Title of corporate officer Date (MM/DD/YY) This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each project. Contractor Application for Exemption Certificate *140172==19999*DR 0172 (06/03/22) COLORADO DEPARTMENT OF REVENUE Denver CO 80261 - 0009 Tax.Colorado.gov Page 1 of 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE BID 9728 Utilities 2023 Pipe Bursting Projects Page 68 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B DR 0172 (06/03/22) COLORADO DEPARTMENT OF REVENUE Denver CO 80261 - 0009 (303) 238-SERV (7378) Special Notice Purpose of this application The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each project. Subcontractors: Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Application Requirements (Checklist) Prevent your application from being returned. F Read the Special Notice F Complete an application for each project. F Accurately complete all applicable fields. (Read Instructions) F Attach a copy of the contract or agreement page, identifying the contracting parties, bid amount, type of work performed. This must include the signature of the Exempt Organization. F Bid amount on Contract or Agreement page matches the amount listed on the application (to the penny) F The exempt organization’s 98 number was provided and is correct. F Ensure the completion dates listed on the application can be validated by your contract, award letter, agreement or purchase order. F Sign the DR 0172 (Contractor Application for Exemption Certificate). See FYI Sales 95 for information about qualifying affordable housing projects. *DO=NOT=SEND* BID 9728 Utilities 2023 Pipe Bursting Projects Page 69 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B DR 0172 (06/03/22) COLORADO DEPARTMENT OF REVENUE Denver CO 80261 - 0009 (303) 238-SERV (7378) Form Instructions Accurately complete all applicable fields. Additional information for specific fields is available below. Contractor Information: Colorado Withholding Account Number A Colorado Account Number (CAN) should be provided in this field. If your company does have a (CAN) review the options listed below. Applications that are left blank or list N/A will not be processed. Subsidiary: This box is marked when a subsidiary is using the parent's withholding account number (only when it does not have its own.) Provide the parents CAN. Subcontractor: This box is marked when a contractor does not have employees of their own and outsources their employees through a subcontractor. List the subcontractor or subcontractors name and CAN(s). Staffing Agency: This box is marked when a contractor does not have employees of their own and outsources their employees through a staffing agency. Provide the Staffing Agency’s name and CAN. No employees/no subcontractors For contractors with no employees, no subcontractors/ staffing agencies: Write no employees in the (CAN) box and provide an explanation. For example, I have no employees or subcontractors and perform all of the work myself. Attachment Required Contract (agreement, purchase order, award letter) Each application must include a copy of the contract or agreement to include the following information: ●The type and scope of work ●Bid amount (the same amount to the penny should be listed on your application) ●Project start and estimated completion dates. ●Is signed by contracting parties involved in the project including the exempt organization. Exemption Information: Exempt Organization’s Number An exempt organization’s Colorado exemption account number will begin with a “98”. Contact the exempt organization to obtain or verify this information prior to submitting your application. Failure to provide this number will cause your application to be rejected. Scheduled Construction Start and Estimated Completion Dates Enter the start and completion dates in these fields. Ensure the completion dates listed on the application can be validated by your contract, award letter, agreement or purchase order. *DO=NOT=SEND* BID 9728 Utilities 2023 Pipe Bursting Projects Page 70 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00700 GENERAL CONDITIONS BID 9728 Utilities 2023 Pipe Bursting Projects Page 71 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 72 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 73 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 74 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 75 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 76 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 77 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 78 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 79 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 80 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 81 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 82 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 83 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 84 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 85 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 86 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 87 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 88 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 89 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 90 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 91 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 92 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 93 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 94 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 95 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 96 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 97 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 98 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 99 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 100 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 101 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 102 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 103 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 104 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 105 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 106 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 107 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 108 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 109 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 110 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 111 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 112 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 113 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 114 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 115 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 116 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 117 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 118 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 119 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 120 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 121 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 122 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 123 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 124 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B BID 9728 Utilities 2023 Pipe Bursting Projects Page 125 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00800 SUPPLEMENTARY CONDITIONS BID 9728 Utilities 2023 Pipe Bursting Projects Page 126 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-2.8 Preliminary Matters A. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: Preconstruction Conference. Within ten days after the Contract Times for a Work Order start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working relationship among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. Unless otherwise agreed by the parties, the CONTRACTOR shall be responsible for documenting the meeting minutes which shall be subject to the OWNER’S approval. SC-5.4.7 Additional Insureds. Include the following parties or entities as additional insureds, as provided in paragraph 5.4.7 of the General Conditions: 5.4.7.1 City of Fort Collins, PO Box 580, Fort Collins, Colorado 80522 SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed in paragraphs 5.4.1 through 5.4.10 of the General Conditions are as outlined in Section 00630 of the Agreement. The limits of liability for the insurance required by paragraphs 5.4.1 through 5.4.6 inclusive and requirements of 5.4.7 through 5.4.10 shall be in accordance with Section 00630 of the Agreement. SC-8.0 Owner’s Responsibilities A. Change reference to ENGINEER to PROJECT MANAGER B. Add the following language to ARTICLE 8: 8.10. The OWNER will provide a project manager (the Project Manager). The CONTRACTOR shall direct all questions concerning Contract interpretation, Change Orders, and other requests for clarification or instruction to the Project Manager. BID 9728 Utilities 2023 Pipe Bursting Projects Page 127 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B 8.10.1 Authority: The Project Manager will be the OWNER's representative during the construction of the project. The Project Manager shall have the authority to reject work and materials whenever such rejection may be necessary to ensure the proper performance of the Work in accordance with the Contract Documents. 8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Project Manager shall not be required to make comprehensive or continuous inspections to check the progress or quality of the Work. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the Work, or for any failure of the CONTRACTOR to comply with laws and regulation applicable to the performance or furnishing of the Work. Visits and observations made by the Project Manager shall not relieve the CONTRACTOR of his obligation to conduct comprehensive inspections of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance with the Contract Documents. The Project Manager shall at all times have access to the Work. The CONTRACTOR shall provide facilities for such access so the Project Manager may perform his or her functions under the Contract Documents. 8.10.3 One or more Construction Inspector(s) (CI) may be assigned to assist the Project Manager in providing observation of the Work, to determine whether or not the Work is proceeding according to the construction documents. CONTRACTOR will receive written notification from the OWNER of any CI assignments. The CI shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The CI will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The CI's dealings in matters pertaining to the on-site work will be to keep the Project Manager properly apprised about such matters. 8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager shall be in writing. The CONTRACTOR may not rely on instructions, approvals, or decisions of the Project Manager until the same are reduced to writing. BID 9728 Utilities 2023 Pipe Bursting Projects Page 128 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SC-11.6.2 Change of Contract Price A. Add the following new paragraph to paragraph 11.6.2 of the General Conditions: 11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed by Article 5 of the Agreement shall be used in lieu of any CONTRACTOR'S fee, overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3. SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions. Lost days due to abnormal weather conditions will be allocated as required. Should there be a day with abnormal weather conditions, Contractor and the City Project Manager will consult, before start of Work, and determine whether Work should begin or not, documenting the decision in writing. In the event the parties mutually agree to suspend Work due to weather, the Project Schedule may be extended on a day for day basis equivalent to the period of time the Work was suspended for weather. SC-Confidentiality IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Contractor shall not disclose any such information to any person not having a legitimate need- to-know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests BID 9728 Utilities 2023 Pipe Bursting Projects Page 129 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City’s remedies at law for a breach of the Contractor’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. BID 9728 Utilities 2023 Pipe Bursting Projects Page 130 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: 9728 UTILITIES PIPE BURSTING PROJECTS CONTRACTOR: American West Construction, LLC PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Price: 4. Change in Time: ORIGINAL PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED COST $ .00 CONTRACTOR: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer II or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) BID 9728 Utilities 2023 Pipe Bursting Projects Page 131 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract NUMBER DATE AMOUNT The present status of the account for this Contract is as follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. OR The undersigned CONTRACTOR certifies that to the best of its knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all accounts have been paid for Work for which previous Applications for Payment were issued and payments received, and this current payment requested herein is now due. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: In accordance with the Contract Documents, based on site observations and the data comprising the above Application, the ENGINEER certifies to the OWNER that the Work has progressed to the point indicated; that to the best of its knowledge, information and belief, the quality of the Work is generally in accordance with the Contract Documents, and that the CONTRACTOR is entitled to payment of the amount requested herein subject to any set-offs set forth on the attached exhibit. Payment of the above Amount Due This Application is recommended by the ENGINEER. BID 9728 Utilities 2023 Pipe Bursting Projects Page 132 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: BID 9728 Utilities 2023 Pipe Bursting Projects Page 133 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B CONTRACT AMOUNTS APPLICATION FOR PAYMENT PAGE 2 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 BID 9728 Utilities 2023 Pipe Bursting Projects Page 134 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 BID 9728 Utilities 2023 Pipe Bursting Projects Page 135 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B STORED MATERIALS SUMMARY PAGE 4 OF 4 On Hand Received Installed On Hand Item Invoice Previous This This This Number Number Description Application Period Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 BID 9728 Utilities 2023 Pipe Bursting Projects Page 136 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B ADDITIONAL DOCUMENTS Exhibit A - Specifications Exhibit B - Drawings BID 9728 Utilities 2023 Pipe Bursting Projects Page 137 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B 1.0 GENERAL 1.1 DESCRIPTION: This specification shall cover the rehabilitation of existing sanitary sewers using the GRUNDOCRACK PIPE BURSTING SYSTEM. Pipe bursting is a system by which the pneumatic bursting tool fractures the existing pipe while simultaneously installing a new Polyethylene Pipe of the same size or larger size pipe where the old pipe existed, then reconnects existing sewer service house connections, television inspection of the Polyethylene Pipe and completes the installation in accordance with the contract documents. Only pneumatically operated equipment with either front or rear expanders for the proper connection to the Polyethylene Pipe will be allowed for use. The pneumatic tool must be used in conjunction with a constant tension/variable speed winch. The winch shall have twin cable pulling capstans with twin hydraulic drive motors and twin gear boxes for independent operation of 20, 10 or 5 tons. The size of the winch depends on the diameter of the pipe to be replaced. 1.2 QUALIFICATIONS: 1.2.1 The contractor shall provide proof of training by the particular Pipe Bursting System Manufacturer that such a company is a fully trained in the use of the pipe bursting system. 1.2.2 Polyethylene pipe joining shall be performed by personnel trained in the use of butt-fusion equipment and recommended methods for new pipe connections. Personnel directly involved with installing the new pipe shall receive training in the proper methods for handling and installing the polyethylene pipe. Training shall be performed by qualified representative. 1.3 SUBMITTALS: Submit the following Contractor's Drawings: 1.3.1 Shop drawings, catalog data, and manufacturer's technical data showing complete information on material composition, physical properties, and dimensions of new pipe and fittings. Include manufacturer's recommendations for handling, storage, and repair of pipe and fittings damaged. 1.3.2 Method of construction and restoration of existing sewer service connections. This shall include: Detail drawings and written descriptions of the entire construction procedure to install pipe, bypass sewage flow and reconnection of sewer service connections. 1.3.3 Proof of workmen training for installing pipe. 1.3.4 Television inspection reports and videotapes made prior to pipe bursting and after new pipe installation. 1.4 DELIVERY, STORAGE, AND HANDLING: 1.4.1 Transport, handle, and store pipe and fittings as recommended by manufacturer. 1.4.2 If new pipe and fittings become damaged before or during installation, it shall be repaired as recommended by the manufacturer or replaced as required by the Engineer at the Contractor's expense, before proceeding further. 1.4.3 Deliver, store and handle other materials as required to prevent damage. 1.5 METHODS FOR NEW PIPE INSTALLATION: The method approved for rehabilitation of existing water mains by pipe bursting and installation of new polyethylene pipe is T.T. Technologies GRUNDOCRACK SYSTEMS, (800-533-2078), www.tttechnologies.com or approved equal. Contact TT Technologies, Inc. for a list of contractors in your area. EXHIBIT A BID 9728 Utilities 2023 Pipe Bursting Projects Page 138 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B 1.6 MATERIALS: Polyethylene Plastic Pipe shall be high density polyethylene pipe and meet the applicable requirements of ASTM F714 Polyethylene (PE) Plastic Pipe (SDR-PR) Based on Outside Diameter, ASTM D1248, ASTM D3350. 1.6.1 Sizes of the insertions to be used shall be such to renew the sewer to its original or greater than flow capacity. 1.6.2 All pipe shall be made of virgin material. No rework except that obtained from the manufacturer's own production of the same formulation shall be used. 1.6.3 The pipe shall be homogenous throughout and shall be free of visible cracks, holes, foreign material, blisters, or other deleterious faults. 1.6.4 High Density Polyethylene Pipe (HDPE) manufacturers recommend minimum wall thickness of SDR 17 for pipe bursting installations. 1.6.5 Material color shall be white, black or as specified by the engineer. 1.6.6 Other pipe materials may be considered, the pipe bursting equipment manufacturer shall be consulted for feasibility. 1.7 TESTS: Tests for compliance with this specification shall be made as specific herein and in accordance with the applicable ASTM Specification. A certificate with this specification shall be furnished, upon request, by the manufacturer for all material furnished under this specification. Polyethylene plastic pipe and fittings may be rejected to meet any requirements of this specification. 1.8 EQUIPMENT: The pipe bursting tool shall be designed and manufactured to force its way through existing pipe materials by fragmenting the pipe and compressing the old pipe sections into the surrounding soil as it progresses. The bursting unit shall be pneumatic and shall generate sufficient force to burst and compact the existing pipe line. See manufacturer’s specifications for what size tool should be used in what diameter of pipe, as well as parameters of what size tool for percentage of upsize allowed. The pipe bursting tool shall be pulled through the sewer by a winch located at the either upstream or downstream manhole. The bursting unit shall pull the polyethylene pipe with it as it moves forward. The bursting head shall incorporate a shield/expander to prevent collapse of the hole ahead of the PE pipe insertion. The pipe bursting unit shall be remotely controlled. The pipe bursting tool shall be pneumatic. The bursting action of the tool shall increase the external dimensions sufficiently, causing breakage of the pipe at the same time expanding the surrounding ground. This action shall not only break the pipe but also create a temporary void into which the bursting tool can be winched and enables forward progress to be made. At the same time the polyethylene pipe, directly attached to the sleeve on the rear of the bursting tool, shall also move forward. The bursting tool shall have its own forward momentum while being assisted by winching. A hydraulic winch shall give the bursting tool a force of constant tension so that it can be moved forward. To form a complete operating system, the bursting tool must be matched to a constant tension hydraulic winching system. 1.9 WINCH UNIT: A winch shall be attached to the front of the bursting tool, connecting to or through the advanced guide head technology. The winch shall provide a constant tension to the bursting tool in order that it may operate in an efficient manner. The winch shall have twin capstan with twin hydraulic drive motors and twin gear boxes for independent operation. BID 9728 Utilities 2023 Pipe Bursting Projects Page 139 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B The winch shall be hydraulically operated providing a constant tension throughout the operation. The winch shall be of the constant tension type but shall be fitted with a direct reading load gauge to measure the winching load. The winch must be able to be operated by a remote control if needed. The winch must automatically maintain a constant tension at a set tonnage reading. The constant tension winch shall supply sufficient cable in one continuous length so that the pull may be continuous between approved winching points. The winch, cable and cable drum must be provided with safety cage and supports so that it may be operated safely without injury to persons or property. The contractor shall provide a system of guide pulleys and bracing at the exit pit to minimize cable contact with the existing line between launch and exit pits. The supports to the trench shoring in the insertion pit shall remain completely separate from the winch boom support system and shall be so designed that neither the pipe nor the winch cable shall be in contact with them. The winch shall have twin capstan with twin hydraulic drive motors and twin gear boxes for independent operation. In no case shall the winch cable storage spool be considered part of the twin capstan pulling system. 2.0 SEWER SERVICE CONNECTIONS: All sewer service connections shall be identified and located prior to the pipe insertion to expedite reconnection. Upon commencement, pipe insertion shall be continuous and without interruption from one manhole to another, except as approved by the engineer and/or his representative. Upon completion of insertion of the new pipe, the contractor shall expedite the reconnection of services so as to minimize any inconvenience to the customers. Sewer service connections shall be connected to the new pipe by various methods. The saddles should be made of a material compatible with that of the pipe. Fusion of saddle connection to the main is the only means of assuring complete leak free joint is obtained. 2.0.1 Electrofusion saddles as manufactured by Central Plastics or approved equal, shall be installed in accordance with the manufactures recommended procedures. 2.0.2 Conventional Fusion saddles as manufactured by Central Plastics, Phillips Driscopipe, or Plexco shall be installed in accordance with the manufacturers recommended procedures. 2.0.3 Connection of the new service lateral* to the mainline shall be accomplished by means of a compression- fit service connection. The service connection shall be specifically designed for connection to the sewer main being installed, and shall be INSERTA TEE as manufactured by Fowler Manufacturing Co. Hillsboro, Oregon, (503) 357-2110: or approved equal. Install using procedures and equipment as referenced in manufacturer's written installation instructions. *TYPES AVAILABLE FOR ALL MAINLINES: TYPES GASKETTED BELL SDR 35 GASKETTED BELL IPS/SCH 40 PVC Hub ASTM D3034 SDR 35 ASTM D3034 SDR 26 Rubber Boot ASTM C443 ASTM C443 Band 301 SS 301 SS Screw 305 SS 305 SS Housing 301 SS 301 SS Gasket ASTM F477 ASTM F477 PREPARATION BID 9728 Utilities 2023 Pipe Bursting Projects Page 140 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B 2.1 BYPASSING SEWAGE: 2.1.1 By-Pass Pumping: The Contractor, when and where required, shall provide diversion or bypassing for the pipe bursting/replacement process. The pumps and by-pass lines shall be of adequate capacity and size to handle all flows. All costs for by-pass pumping, required during installation of the pipe shall be subsidiary to the pipe reconstruction item. 2.1.2 The Contractor shall be responsible for continuity of sanitary sewer service to each facility connected to the section of sewer during the execution of the work. 2.1.3 If sewage backup occurs and enters buildings, the Contractor shall be responsible for clean-up, repair, property damage cost and claims. 2.2 TELEVISION INSPECTION: Television inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles and service connections by closed circuit color television. Television inspection shall include the following: 2.2.1 Pre-pipe bursting videos by contractor. 2.2.2 Post Videotapes to be submitted to the city before final invoice. Normal pipe bursting practice includes videotaping and evaluation of the existing pipe during the design phase of the project or prior to commencement of pipe bursting operations. (See Item 2.2.1 above) 2.2.3 Videotapes to remain property of the city; Contractor to retain second copy for his use. 2.2.4 All flows tributary to reach of sewer being inspected are to be completely by-passed around the reach during inspection if necessary and required by the City. 2.2.5 Post construction videotape upon completion of reconstruction of each reach of sewer with the voice description, as appropriate with stationing of services indicated. Data and stationing to be on video. 2.2.6 Should any portion of the inspection tapes be of inadequate quality or coverage, as determined by the City the Contractor will have the portion re-inspected and video taped at no additional expense to the City. 2.3 CONSTRUCTION METHOD: 2.3.1 The Contractor shall install all pulleys, rollers, bumpers, alignment control devices and other equipment required to protect existing manholes, and to protect the pipe from damage during installation. Lubrication may be used as recommended by the manufacturer. Under no circumstances will the pipe be stressed beyond its elastic limit. Winch line is to be centered in pipe to be burst with adjustable boom. 2.3.2 The installed pipe shall be allowed the manufacturer's recommended amount of time, but not less than four (4) hours, for cooling and relaxation due to tensile stressing prior to any reconnection of service lines, sealing of the annulus or backfilling of the insertion pit. Sufficient excess length of new pipe, but not less than four (4) inches, shall be allowed to protrude into the manhole to provide for occurrence. Restraint of pipe ends shall be achieved by means of Central Plastics Electrofusion couplings (800) 654-3872. The Electrofusion couplings shall be slipped over pipe ends against manhole wall and fused in place. Installation of Electrofusion couplings shall be done in accordance with the manufacturers recommended procedures. 2.3.3 Launch and Receiving Excavations: Launch pits need to be long enough to properly align the bursting tool with the existing pipe and to allow the HDPE pipe enough space to begin a graceful "S " Bend out of the pit and transition to a “tail ditch” at the street above. A good rule of thumb to use for the “tail ditch” is to multiply the depth of the existing pipe by a factor of 4. The product is an approximate minimum launch pit length plus “tail ditch”. BID 9728 Utilities 2023 Pipe Bursting Projects Page 141 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B Tail Ditch Example: Existing pipe is 8' deep; 8' depth x 4 = 32' graduating tail ditch. Note: The tail ditch only needs to accommodate the outside diameter of new pipe. The receiving pits; however, need to be long enough to easily remove the bursting tool/expander combination leaving a couple of feet of the HDPE pipe to work with. A.) Windowing Method Up to 12" diameter PE pipe, the Contractor shall use the "windowing" method where necessary, to prevent damage to surrounding infrastructure. This method is described in TT Technologies, Inc.'s "Pipe Bursting Operation Manual." Both entrance and exit procedures may be conducted. Underground utility locates must be performed prior to determining the necessity and feasibility of the "windowing" method. B.) Tool Removal Back to Starting Pipe via Being Pulled Back Out of the newly Installed PE Pipe Contractor shall use the GRUNDOCRACK PCG System when an exit pit is difficult due to underground utility placement or surrounding infrastructure. The PCG System uses a pneumatic tool with a special head expander. The PCG tool also uses a remote controlled reverse procedure to allow reversing the GRUNDOCRACK tool for removal back through the newly installed HDPE. In all cases, the tool must have the ability to operate in reverse to prevent damage to the HDPE during removal C.) Service Connections Excavations for laterals should be to depth of 1 foot below the lateral. This will help to prevent uneven expansion of the soil by the bursting tool. This will minimize the potential of creating a hump in the new pipe at lateral connections. In some soil conditions, it will be important to only dig the lateral to the invert of the host pipe. This will help minimize the potential of creating sags at lateral connections. These are usually lateral connections where leakage has been occurring for some time causing the soil to be softer than the rest of the pipeline. 2.4 FIELD TESTING: 2.4.1 After the existing sewer is completely replaced, internally inspect with television camera and videotape as required. The finished tape shall be continuous over the entire length of the sewer between two manholes to be free from visual defects. 2.4.2 Defects which may affect the integrity or strength of the pipe in the opinion of the Engineer shall be repaired or the pipe replaced at the Contractor's expense. 2.5 PIPE JOINING: 2.5.1 The polyethylene pipe shall be assembled and joined at the site using the butt-fusion method to provide a leak proof joint. Threaded or solvent-cement joints and connections are not permitted. All equipment and procedures used shall be used in strict compliance with the manufacturer's recommendations. Fusing shall be accomplished by personnel certified as fusion technicians by a manufacturer of polyethylene pipe and/or fusing equipment. 2.5.2 The butt-fused joint shall be true alignment and shall have uniform roll-back beads resulting from the use of proper temperature and pressure. The joint shall be allowed adequate cooling time before removal of pressure. The fused joint shall be watertight and shall have tensile strength equal to that of the pipe. All joints shall be subject to acceptance by the engineer and/or his representative prior to insertion. 2.5.3 Terminal sections of pipe that are joined within the insertion pit shall be connected with Central Plastics Electrofusion Couplings or connectors with tensile strength equivalent to that of the pipe being joined. 2.6 MEASUREMENT AND PAYMENT: 2.6.1 The inserted pipe shall be paid for per linear foot of the size pipe specified and shall include all pipe bedding, backfill material, annulus sealing material and launching pits. Locating and reconstruction of BID 9728 Utilities 2023 Pipe Bursting Projects Page 142 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B services and all reconnections of services shall be paid for per each connection made, including fittings and pipe. 2.6.2 The work performed as prescribed by this item will be paid at the unit price per linear foot of sanitary sewer by pipe bursting/replacement for the specified pipe diameter and location, per each for "Locate, reconstruct and reconnect" for the specified pipe diameter, which price shall be full compensation for the installation of the new pipe, furnishing and placing of all materials, labor, tools, equipment, cleaning, and preparation of the existing pipe to receive the new liner, and any other necessary to complete the project. 2.6.3 Video inspection of final installed pipe shall be paid based on the cost per linear feet to T.V. the entire length of new pipe. 2.6.4 The cost of any necessary by-pass pumping shall be considered subsidiary to the cost of pipe installation and shall not be a separate pay item. BID 9728 Utilities 2023 Pipe Bursting Projects Page 143 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B P P(08/%(55< 67 60 , 7 + 6 7 :+ ( ' % ( ( 6 7 9L W U L I L H G &O D \ 3 L S H 0 100 20050 Feet City of Fort Collins Utilities | City of Fort Collins GIS | ESRI | WFO | Andy Rohlf ± Sewer Main Manhole P Service Line Path: S:\GIS\Water_Projects\DataRequests\PipeBurstingLayout\PipeBurstingLayout\PipeBurstingLayout.aprx Smith 500 Block Replace 449 LF of 6” Vitrified Clay Pipe with new 8” PVC. Estimated depth of pipe - 12 feet Number of Service connections - 22 Alleyway runs North & South from manhole asset ID Number 10050566 located in E. Mulberry St to manhole asset ID Number 10026785 at the end of the alleyway off of E. Myrtle St. (;+,%,7% BID 9728 Utilities 2023 Pipe Bursting Projects Page 144 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B P P (08/%(55<67 60 , 7 + 6 7 67 2 9 ( 5 6 7 9L W U L I L H G &O D \ 3 L S H 0 100 20050 Feet City of Fort Collins Utilities | City of Fort Collins GIS | ESRI | WFO | Andy Rohlf ± Sewer Main Manhole P Service Line Path: S:\GIS\Water_Projects\DataRequests\PipeBurstingLayout\PipeBurstingLayout\PipeBurstingLayout.aprx Stover 500 Block Replace 450 LF of 6” Vitrified Clay Pipe with new 8” PVC. Estimated depth of pipe 11 feet Number of Service connections - 18 Alleyway runs North & South from manhole asset ID Number 10026782 located in E. Mulberry St to manhole asset ID Number 10054577 at the end of the alleyway off of E. Myrtle St. BID 9728 Utilities 2023 Pipe Bursting Projects Page 145 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B P P 6 : $ 6 + , P * 7 2 P $ 9 ( *2 5 ' 2 P 6 7 *2 5 ' 2 P 6 7 *2 5 ' 2 P 6 7 :22')25'$9( 9L W U L I L H G &O D \ 3 L S H 9L W U L I L H G &O D \ 3 L S H 9LWULILHG &OD\3LSH 9LWULILHG &OD\3LSH 0 100 20050 Feet City of Fort Collins Utilities | City of Fort Collins GIS | ESRI | WFO | Andy Rohlf ± Sewer Main Manhole P Service Line Path: S:\GIS\Water_Projects\DataRequests\PipeBurstingLayout\PipeBurstingLayout\PipeBurstingLayout.aprx Woodford 900 Block Replace 140 LF of 6” Vitrified Clay Pipe with new 8” PVC Estimated depth of pipe - 12 feet Number of Service connections - 2 Alleyway runs North & South from the middle of Woodford Avenue Alley from Manhole Asset ID Number 10029054 to Woodford Avenue. Reconnect to existing 8” PVC in Woodford Avenue. BID 9728 Utilities 2023 Pipe Bursting Projects Page 146 of 146 DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B 04/28/2023 Flood and Peterson PO Box 578 Greeley CO 80632 Jennifer Winter, CISR (970) 506-3206 (970) 506-6846 JWinter@floodpeterson.com American West Construction, LLC 275 E. 64th Avenue Denver CO 80221 National Union Fire Insurance Company 19445 The Continental Insurance Company 35289 Continental Casualty Company 20443 CL2282946322 A BI/PD Ded:0 329-22-04 09/01/2022 09/01/2023 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A CA 454-48-19 09/01/2022 09/01/2023 1,000,000 B 0 6043416451 09/01/2022 09/01/2023 10,000,000 10,000,000 A N WC 025-89-3653 09/01/2022 09/01/2023 1,000,000 1,000,000 1,000,000 C Builders Risk & Installation Floater 7034397027 09/01/2022 09/01/2023 Deductible $2,500 Any One Location $6,000,000 Transit/Stored Materials $250,000 RE: Utilities 2023 Pipe Bursting Projects City of Fort Collins, its offiers, agents, and employees, are listed as Additional Insureds as respects General Liability, including ongoing and completed operations, and Auto Liability. Insurance is primary and non-contributory. A Waiver of Subrogation applies as respects General Liability, Auto Liability, and Workers' Compensation. City of Fort Collins Purchasing Division PO Box 580 Fort Collins CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 0F523298-1366-47CC-9693-3CCFAE41A23B