Loading...
HomeMy WebLinkAbout166269 GARNEY CONSTRUCTION - CONTRACT - CONTRACT - GARNEY CONSTRUCTIONCONTRACT DOCUMENTS FOR BOXELDER CREEK OUTFALL - ELCO WATERLINE RELOCATION ~ A drnsoN CoNsulTiNG E Gi EEils, INC. ~-· Cil•il • Water Resources • Environmental Anderson Consulting Engineers, Inc. 375 East Horsetooth Road #5101 Fort Collins CO 80525 April 2016 ADVANCING WATER Garney Companies, Inc. 7911 Shaffer Parkway Littleton CO 80127 City of k5oll~ Fort Collins Utilities 700 Wood Street Fort Collins CO 80521 SECTION 00500 AGREEMENT FORMS 00525 00530 00600 00610 00615 00630 00635 00640 00650 00651 00660 00670 Work Order, Notice of Award, and Bid Schedule Notice to Proceed Bonds and Certificates Performance Bond Payment Bond I. Gertificate of Insurance Certificate of Substantial Completion Certificate of Final Acceptance Lien Waiver Release (CONTRACTOR) Lien Waiver Release (SUBCONTRACTOR) Consent of Surety Application tor Exemption Certificate CONDITIONS OF THE CONTRACT 00800 Supplementary Conditions 00900 Addenda, Modifications and Payment 00950 Work Order Change Order 00960 Application tor Payment Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 00500-1 00525-1 00530-1 00600-1 00610-1 - 00610-2 00615-1 -00615-2 00630-1 00635-1 00640-1 00650-1 - 00650-2 00651-1 - 00651-2 00660-1 00670-1 - 00670-2 00800-1 - 00800-8 00900 00950-1 00960-1 - 00960-4 Agreement Forms SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO: WORK ORDER: Garney Companies. Inc. BC01B PURCHASE ORDER: TITLE: ENGINEER: Boxelder Creek Outfall - ELCO Waterline Relocation Andersen Engineering Consultants OWNER'S REPRESENTATIVE: Jay Rose NOTICE OF AWARD DATE: May 5. 2016 OWNER: City of Fort Collins (hereinafter referred to as OWNER) 1. WORK. You are hereby notified that your bid dated April 14. 2016 for the above Work Order has been considered. Pursuant to your AGREEMENT with OWNER dated August 17, 2015, you have been awarded a Work Order for this Work Order Description: A. See Section 01100 - Summary of Work - The work covered under this work order includes all labor, equipment, and materials required to relocate and upgrade the existing 6 inch ELCO waterline located in the East Prospect ROW into a new 12 inch water main located in ELCO's easement north of and parallel to Prospect Road. 2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is Two Hundred Thirty Seven Thousand Eighty Eight Dollars and No Cents ($237.088.00). Pursuant to the AGREEMENT and the Contract Documents, Performance and Payment Bonds and insurance are required. 3. CONTRACT TIMES. Pursuant to the AGREEMENT and the Contract Documents, the date for Substantial Completion of this Work Order is July 15. 2016, and after Substantial Completion, the number of days for Final Acceptance 60 calendar days. 4. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 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 proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Five Hundred Dollars($500.00) for each calendar day or fraction thereof that expires after July 15, 2016 until the work is Substantially Complete. 2) Final Acceptance: After Substantial Completion Two Hundred Dollars ($200.00) for each calendar day or fraction thereof that expires after the 60 calendar day period for Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Work Order, Notice of Award and Bid Schedule 00525-1 Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. 5. EXECUTION. Four (4) copies of this proposed Work Order & Notice of Award, and accompanying amendments or supplements to the Contract Documents (except any applicable Drawings) incorporated herein, are provided. Three (3) sets of any applicable Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by May....Q.1.. 2016. A. You must deliver to OWNER Four (4) fully-executed counterparts of this Work Order, including all amendments or supplements to the Contract Documents incorporated herein. Each Work Order must bear your signature as provided. B. You must deliver with the executed Work Order the Contract Security (Bonds) and insurance, as specified in the Agreement, this Work Order, the General Conditions (Article 5.1) and the Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of this Work Order with any amendments or supplements to the Contract Documents attached. CONTRACTOR'S NOTICE OF AWARD REPRESENTATION & EXECUTION: CONTRACTOR agrees to perform the services identified above, in accordance with the terms and conditions contained herein and in the AGREEMENT dated August 17. 2015, and the NOTICE OF AWARD dated May 01, 2016, between the parties. In the event of a conflict between or ambiguity in the terms of the AGREEMENT or specific Work Orders, the AGREEMENT shall control. CONTRACTOR: c<f:~- Name: Wayne O'Brien Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Date: May 10, 2016 Title: Chief Operating Officer Work Order, Notice of Award and Bid Schedule 00525-2 OWNER'S ACCEPTANCE & EXECUTION: This Work Order and the attached Contract Documents are hereby accepted and incorporated herein by this reference and the attached Notice to Proceed is hereby given. Date: 05/1¢, Date: .J l z,/I~ I ' Jon Hau , Water Engineering and Field Operations Manager Date:~ Kevin Gertig, Utilities Executive Director (if greater than $1,000,000) Date: ____ _ ACCEPTANCE: ________________ _ Date: ____ _ Darin A. Atteberry, City Manager (if greater than $1,000,000) Gerry Paul Purchasing Director (if greater than $60,000) Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 00525-3 Date: Work Order, Notice of Award and Bid Schedule 412812016 Date: Project: April Boxelder 28, 2016 Creek Outfall - ELCO Waterline Relocation (Work Order #18) G~L'l!!Y) Schedule of Values ADVANCING WATER Item Unit of Estimated Unit Item Nuinber Description Measure Quanti~ Cost($) Cost($) Site Work 1 Remove Trees & Shrubs at Glanz (Allowance) LS 1 $ 3,450.00 $ 3,450.00 2 Remove & Replace Fence at Glanz (Allowance) LS 1 3 Landscaping at Glanz (Allowance) LS 4,750.00 4,750.00 4 Waterline Seeding West of Boxelder (Allowance) LS 600.00 600.00 Subtotal $ 8,800.00 ELCO Waterline Relocation 1 Mobilization & Field Overhead LS 37,000.00 $ 37,000.00 2 Construction Survey LS 1,100,00 1,100.00 13 Construction Dewatering LS 48,500.bo 48,500.00 14 NC. Pipe Disposal (by District) LS -1 5 6" PVC DR-18 Pipe LF 151 67.00 10, 117.00 6 12" PVC DR-18 Pipe LF 837 93.00 77,841.00 7 12" PVC DR-18 Pipe in 24" Casing LF 0 8 24" PVC DR-25 Casing, Spacers & End Seals LF 0 9 6" Couplings/Solid Sleeves EA 2 290.00 580.00 10 8" Coupling/Solid Sleeve EA 0 11 12" x 6'' MJ Reducer EA 800.00 800.00 12 12" x 8" MJ Reducer EA 820.00 820.00 13 12"x6"MJTee EA 0 14 6" x 6" Swivel Tee EA 1 550.00 550.00 15 12" x6" Swivel Tee EA 2 1,060.00 2,120.00 16 6" MJ 45 Bends EA 2 420.00 840.00 17 6" MJ 90 Bend EA 500.00 500.00 18 12" MJ 22.5 Bends EA 4 940.00 3,760.00 19 12" MJ 45 Bend EA 960.00 960.00 20 12" MJ 90 Bend EA 1,070.00 1,070.00 21 6" Gate Valves EA 5 1,760.00 8,800.00 22 12" Butterfly Valves EA 5 2,640.00 13,200.00 23 Fire Hydrant Assemblies EA 2 4,790.00 9,580.00 24 Glanz Water Service LS 3,480.00 3,480.00 25 Tracer \Nire & Valve Boxes LS 470.00 470.00 26 Disinfect, Test & Tie-in LS 6,200,00 6,200.00 Subtotal $ 228,288.00 TOTAL ESTIMATED PRICE/WORK ORDER AMOUNT $ 237,088.00 SECTION 00530 WORK ORDER NOTICE TO PROCEED Description of Work: Boxelder Creek Outfall - ELCO Waterline Relocation This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. I I That the required CONTRACTOR'& Performance Bond and Payment Bond nave been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within fifteen (15) calendar days from receipt of this notice as required by the Agreement. Dated this----------- The dates for Substantial Completion and Final Acceptance shall be June 15, 2016 and August 12, 2016, respectively. Citv of Fort Collins OWNER By: ---,---..,-------------- Jay Rose Title Special Projects Manager ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this __ day of ____ _ 2016. CONTRACTOR By: ____________ _ Title:------------- Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Notice to Proceed 00530-1 00610 00615 00630 00635 00640 00650 I 00651 00660 00670 Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 SECTION 00600 BONDS AND CERTIFICATES Performance Bond Payment Bond Certificate of Insurance Certificate of Substantial Completion Certificate of Final Acceptance Lien Waiver Release (CONTRACTOR) I Lien Waiver Release (SUBCONTRACTOR) Consent of Surety Application for Exemption Certificate 00600-1 Bonds and Certificates ' SECTION 00610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Firm) Garney Companies, Inc. 7911 Shaffer Parkway· (Address) Littleton CO 80127 Western Bond No. 58732062 Liberty Bond No: 674025373 (:alilXlnOOddoal), (a~p), @::Cori:iorati@, hereinafter referred to as the "Principal" and Western Surety Company and Liberty Mutual Insurance Company, as Co-Sureties (Firm) Ph: 800/331-6053 Ph: 610/832-8240 PO Box 5077 450 Plymouth Road, Ste. 400 (Address) Sioux Falls, SD 57117-5077 Plymouth Meeting, PA 19462 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins. 300 Laporte Ave, Fort Collins. Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Two Hundred Thirtv Seven Thousand Eighty Eight Dollars and No Cents ($237.088.00), 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 August 17,2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Boxelder Creek Outfall - ELCO Waterline Relocation. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Performance Bond 00610-1 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this s day of May 2016. IN PRESENCE OF: l ~~ MJic& Witness (Surety Seal) Garney Companies, Inc. By: Chief Operating Officer Title 7911 Shaffer Parkway, Littleton, CO 80127 Address Other Partners By: ____________ _ By: ____________ _ Western Surety Company and Liberty Mutual Insurance Surety Cmpany, as Co-Sureties By: Jf~K/~ Attorney-in-Fact By: Linda L. Nutt, Attorney-in-fact Address c/o Thomas McGee, L.C. 920 Main Street, Ste. 1700 Kansas City, MO 64105 Ph: 816/842-4800 NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Performance Bond 00610-2 .. ' SECTION 00615 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Firm) Garney Companies, Inc. 7911 Shaffer Parkway (Address) Littleton, co 80127 Western Bond No. -58732062 ------ Liberty Bond No: 674025373 (~I), (~). @:CorporatiOii), hereinafter referred to as the "Principal" and (Firm) Western Surety Company and Liberty Mutual Insurance Company, as Co-Sureties Ph: 8007331-6053 Ph: 610/832-8240 (Address PO Box 5077 450 Plymouth Road, Ste. 400 Sioux Falls, SD 57117-5077 Plymouth Meeting, PA 19462 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins. 300 Laporte Ave .. Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of Two Hundred Thirty Seven Thousand Eighty Eight Dollars and No Cents ($237.088.00), 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 August 17, 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, Boxelder Creek Outfall - ELCO Waterline Relocation. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this _-2.__ day of May , 2016. Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 00615-1 Payment Bond .· ,' IN PRESENCE OF: ,)M,VAJ1 ~#1Nv.t- ~''"<; .··· ·· .. ~ ,~ f <.... ··.: , ... :~ ~ ~ / CORPORATE \ ~ ~ (Corporate s~ - -:. ~ . SEAL : . ~ - ff \ #",,, ,,,,,, ,·. ,, A.•• • tis s·c;Dv-.• ,\ , •• -···' ~ } IN PRESENCE OF: ''""""""' Witness (Surnty Seal) GY•~p•nie,, Inc Chief Operating Officer Title 7911 Shaffer Parkway, Littleton, CO 80127 Address Other Partners By: ______________ _ By: ____________ _ Western Surety Company and Liberty Mutual Insurance ~rety , Company, as Co-Sureties By: fJ/h41) ~v~ Attorney-in-Fact By: Linda L. Nutt, Attorney-in-Fact Address c/o Thomas McGee, LC. 920 Main Street, Ste. 1700 Kansas City, MO 64105 Ph: 816/842-4800 NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Payment Bond 00615-2 ;' .· Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WES1ERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation ~ving_ its principal office in the City of Sioux Falls, and State of South Dakota. and that it does by virtue of the signature and seal herein affixed hereby make. constitute and appoint Linda L. Nutt, Individually of Kansas City, MO its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - Surety B~nd No: 58732062 Principal: Garney Companies, Inc. Obligee: City of Fort Collins and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authoriz.ed officer of the corporation and all the acts of said Attorney, pursuant to the authority hertby given, are hereby ratified and confirmed. I This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted. as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SUREI'Y COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on Ibis 1st day of December, 2015. State of South Dakota County of Minnehaha WESTERN SURETY COMPANY On this 1st day of December, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn. did depose and say: that he resides in the City of Sioux: Falls, State of South Dakota; that he is the_yice President of WESTERN SUREIY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pUISUant to like authority, and acknowledges same to be the act and deed of said corpomtion. My commission expires J.MOHR June 23, 2021 @==~ CERTIFICATE I. L. Nelso~ Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force. and fiuther certifY that the By~Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this ""5th..... d';y Of. May, 2016 . . '- -;;'. -· -·- - ;;: ~ WESTERN SURET:Y COMPANY Fonn F42B0-7-2012 -r .. '..I/ ... .-.- . - " ', Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the Presiden' Secretary, and Assistant Secretary, Treasui:er, or any Vice Presiden' or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation The signature of any such officer and the corporate seal may be printed by facsimile. I , ' ' This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Not valid for mortgage, note, loan1 letter of credit, bank deposit, currency rate, interest rate or residual value guarantees. To confinn the validity of this Power of Attorney call 610-832-8240 between 9:00 am and 4:30 pm EST on any business day. American Fire and Casualty Company The Ohio Casualty lnsuranee Company Liberty Mutual Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & casualty Company and The Ohio Casualty Insurance Company are corporations duly organized tmder the laws of the State of New Hampshire, that liberty Mutual Insurance Company Is a coiporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company ls a corporation duly qrganized under the laws of the State of Indiana (herein collectively called the •eompan1esj, pursuant to and by authority herein set forth, does hereby name,constilureandappolnt, Linda l. Nutt ~lhecityof Kansas~c"""1ty~~.w,ra~ra"-'m-!"'~1n~wu~~its~tru~e-and~ra-wfu~la~tt~ome~y~-ln--ra~ct~.-wi~-~~ru~npo~we-,-,-nd~a-trtho~n~·ty~h-e-re~by-co~nre~rre~d~oo-s~~,-.-ex-ecut~e-a-n~d-ackn~owl~ed~g-e~~-, following s1Jrely bond: Principal Name: Garney Companies, Inc. Obllgee Name: City of Fort Collins Surety Bond Number. 67 4025373 Band Amount See Bond Form IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and !he corporate seals of the Companles have been affixed thereto this.!£.. day of Novemt>i;r. 2013. STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Wes erican Insurance Company On this~ day of November.1QlA before me personally appeared David M. Csrey, Mo acknowledged himself to be the Assistant~ecretary of American Fire and casualty COmpany, Uberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein conlained by signing on behalf of the corporations by hhnseff as a duly authorized officer. ' IN WITNESS WHEREOF, I have he~unto subscnbed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Paslella, Notary Public ARTICLE IV - OFFICERS -Section 12. Power of Attorney. My officer or other official of the Corpora!lon authorized for that purpose In writing by the Chalnnan or the President, and subject to such Hmitation as the Chairman or the President may prescribe, shall aPPoinlsuch attorneys.in-fact, as may be necessary to act In behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and an undertakings, bonds, recognizances and other surety obligations. such attorneys-Jn.fact, subject to the limitat!oos set forth In their respective powers of attorney, shaD have full power lo bind the CoJporat!on by their signature and execution of any such Instruments and to attach thereto the seal of the Corp:>ratk>n. When so executed, such lnslruments shall be as binding as if signed by !he President and attested to by the Secretary. My power or authority granted to any representative or atromey- ln-fact under the provisions ofthis article may be revoked at any lime by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. My officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the c:liairman or the president may prescribe, shall appoint suc:li attomeys.ffi..fact, as may be necessary lo act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations sel forth il their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so exewted such insbuments shall be as binding as if signed by !he president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of !he Company, authorizes David M. Carey, Assistant Secretary to appo!nt suc:li attomeys- ln-fact as may be necessmy to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and an undertakings, bonds, recognizances and other surety obfigalions. Authorization - By unanlroous consent of the Company's Board of Directors, the Company consents that facsimile or mechanJcaOy reproduced slgnature of any assistant seaetary of the Company, wherever appearing upcn a certified copy of any power of attorney issued by the Company in connection with surety bonds, shaU be vaUd and binding upon the Company with the same force and effect as though manually affixed. I, Gregory w. Davenport, the undersigned, Assistant Secretary, of American Fire and casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney exea.rted by sald Companies, Is in tun, ~rce and effect and has not been revoked. IN TESTIMONY WHEREOF, I hav~ hereunb set my hand and affJX.ed the seals of said Companies this 5th day of May _,£"- 20:!.Q_, By: ~-~~~~~~~~~~~~~~~ GregoryW. Davenport, AsslstantSecretaJy SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Certificate of Insurance 00630-1 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 0 RIGHTS UPO YOU THE CERTIFICAI'E HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE LISTED ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT IMITS NOT LISTED BELOW. This is to Certify that ~arney Holding Company/Garney Companies Inc./ Grimm Construction Co. lnc./Garney Federal, Inc./ Encore Construction Group, Inc. 1333 NW Vivion Road Lnsas City MO 64118-4554 NAME AND ADDRESS OF INSURED ~ Libe!:!)': Mutual. _J \1' INSURANCE is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. 1llc insurnnce afforded by the listed policy(ies) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, tenn or condition of any contrnct or other document with respect to which this certificate may be issued. EXP DATE TYPE OF POLICY D CONTINUOUS POLICY NUMBER LIMIT OF LIABILITY D EXTENDED liJ POLICY TERM WORKERS 10/1/2016 W A2-64D-426942-735 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY LAW OF THE FOLLOWING STATES: COMPENSATION ~ AR, ~ C~ FLC GAE I~ Ks 6 Bodily I$ury by Accident Includes Coverage 3C, Other , ~ M , M , N VJ , M, 1~ ' 1 000 000 Each Accident States Insurance: All States SC, T , TX, UT, VA, V except those listed and the W' Bodily Injury By Disease states of ND, OH, WA, and . $1 000 000 "·"-.. ,_ Bodily Injury By Disease $1 000 000 "••' P••0 • n COMMERCIAL 10/1/2016 TB2-641-426942-725 Genernl Aggregate GENERAL LIABILITY $2,000,000 liJ OCCURRENCE Products I Completed Opcrntions Aggregate $2,000,000 D CLAIMS MADE Each Occurrence $1 000 000 I RETRO DATE I Personal & Advertising Injury $1 , 000, 000 Per Person I Organization Other ther ~300 , 000 Damage to Premises :ent.:.r1 to You $10,000 Medical Expense AUTOMOBILE 10/1/2016 AS2-641-426942-715 Each Accident-Single Limit LIABILITY $2,000,000 B.I. And P.D. Combined 0 oWNED Each Person liJ NON-OWNED Each Accident or Occurrence 0 HIRED Each Accident or Occurrence OTHER ADDITIONAL COMMENTS RE: Job #6247, Boxelder Creek Outfall Work Order 1 B - ELCO Waterline Relocation ABRD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 5/4/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementfs\. PRODUCER CONTACT NAME: Aubrev Mever Arthur J. Gallagher Risk Management Services, Inc. ~-~2NE -··· 1816) 395-8593 ]f~ ... 18161467-5593 2345 Grand Blvd., Suite 400 Kansas City MO 64108 ~-~~--. aubrey meyer@ajg.com INSURERfS) AFFORDING COVERAGE NAJC# 1NsuRERA,Travelers Prooe.tv Casual"' Co of A 25674 INSURED GARNCOM-01 INSURERB: Garney Holding Company INSURERC: (See attached list of Additional Named Insureds) INSURERD: 1333 NW Vivion Road Kansas City MO 64118 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 1737946623 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. INSR TYPE OF INSURANCE POUCYEFF POLICY EXP LTR INSD WVD POLICY NUMBER LIMITS tMMIDD............,. IMMIOD"""""' COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ I CLAIMS-MADE D OCCUR g=~~S'i'E~~nce\ $ f-- MEO EXP (Anv one person) $ f-- Fl AGGREGATE LIMIT APPLIES PER' PERSONAL GENERAL AGGREGATE & ADV INJURY $ $ POLICY DPRO. JECT D LOC PRODUCTS- COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY f-- ~~~~;~t{SlNuLc:; LIMIT $ ANY AUTO BODILY INJURY (Per person) $ f-- ALL OWNED ~ SCH~ULED BODILY INJURY (Per accident) $ f-- AUTOS I- ~WrJ?oWNED PROPERTY DAMAGE HIRED AUTOS AUTOS f Per accidentl $ f-- f-- $ A x UMBRELLA UAB ~OCCUR y y ZUP-14S78452-15-NF 10/1/2015 10/112016 EACH OCCURRENCE $15,000,000 f-- EXCESSUAB CLAIMS-MADE AGGREGATE $15,000,000 . . AGENCY CUSTOMER JD: GARNCOM-01 ~~~~~~~~~~~~~~~~~~ LOC#:~~~~~~~ i ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Arthur J. Gallagher Risk Management Services, Inc. Garney Holding Company POLICY NUMBER (See attached list of Additional Named Insureds) 1333 NW Vivion Road Kansas City MO 64118 CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Named Insureds include: Garney Holding Company Garney Companies, Inc. Garney Construction Company, Inc. Grimm Construction Company, Inc. Garney Wyoming, Inc. Garney New Mexico, Inc. Garney Federal, Inc. Encore Construction Group, Inc. Garney Colorado, LLC Garney Water Partnership Garney Pacific, Inc. Project or Job #: Garney Job #624 7 Project: Boxelder Creek Outfall Work Order 1 B - ELCO Waterline Relocation Page1 of 1 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: City of Fort Collins Date of Substantial Completion: Project or Specified Part Shall Include: I I PROJECT TITLE: Boxelder Creek Outfall - ELCO Waterline Relocation LOCATION: --~F~o~rt~C~o=lli~ns~·~C~o~lo~r=ad=o~- OWNER: City of Fort Collins CONTRACTOR: -~G=a=rn~e~v~C=o=m"-=p""'a""ni=e=s.~l~n=c . __ CONTRACT DATE: ________ _ Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. By: _______________ _ ENGINEER Authorized Representative Date The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: _______________ ~ CONTRACTOR Authorized Representative Date The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS. COLORADO By: _____________ _ OWNER Authorized Representative Date REMARKS:---------------------------~ Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Certificate of Substantial Completion 00635-1 TO: Gentlemen: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE _______ ,2016 You are hereby notified that on the day of , 2016, the City of Fort Collins, Colorado, has accepted the Work completed by Garney Construction, Inc. for the City of Fort Collins project, Boxelder Creek Outfall - ELCO Waterline Relocation. 1 A check is attached hereto in the amount of$ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated----------- In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date:. _________ _ Sincerely, OWNER: City of Fort Collins By: ______________ ~ Title: ________________ _ ATTEST: Title:----------------- Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 00640-1 Certificate of Final Acceptance SECTION 00650 LIEN WAIVER RELEASE (Contractor) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: Boxelder Creek Outfall - ELCO Waterline Relocation. 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, 1, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Lien Waiver Release (Contractor) 00650-1 Signed this ____ day of ________ , 2016 CONTRACTOR By: Title:------------------ ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this ___ day of ______ ~~2=0~1~6, By ________________________ _ Witness my hand and official seal. My Commission Expires:------------------- Notary Public Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Lien Waiver Release (Contractor) 00650-2 SECTION 00651 LIEN WAIVER RELEASE (Subcontractor) TO: (CONTRACTOR) FROM: (Subcontractor) PROJECT: Boxelder Creek Outfall - ELCO Waterline Relocation. 1. The Subcontractor acknowledges having received payment, except retainage, from the CONTRACTOR for all work, labor, skill and material furnished, delivered and performed by the Subcontractor for the CONTRACTOR 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 Subcontractor 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 Subcontractor 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 CONTRACTOR or its officers, agents, employees or assigns, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The Subcontractor 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 Subcontractor or its' agents, employees, and servants, or by and through the Subcontractor by various sub-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 against the CONTRACTOR or its officers, agents, employees or assigns arising out of the project. 4. The Subcontractor agrees to defend and hold harmless the CONTRACTOR, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the Subcontractor's sub- subcontractors, materialmen, employees, servants agents or assigns against the project or against the CONTRACTOR or OWNER, lender or Surety or their officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the CONTRACTOR, OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Lien Waiver Release (Subcontractor) 00651-1 Signed this ___ day of ________ , 1 _20_1_6 SUBCONTRACTOR: By: Title: ------------------- ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this ___ day of ______ ~~2=0~1=6, By __________________________ _ Witness my hand and official seal. My Commission Expires:-------------------- Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Notary Public Lien Waiver Release (Subcontractor) 00651-2 TO: CONTRACTOR: SECTION 00660 CONSENT OF SURETY City of Fort Collins. Colorado (hereinafter referred to as the "OWNER") PROJECT: Boxelder Creek Outfall - ELCO Waterline Relocation. CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for _______ ~-------------------- bond of (Surety) ___________________________ _ hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this ______ day of _______ ,2016. (Surety Company) ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Consent of Surety 00660-1 DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 232-2416 CONTRACTOR APPLICATION 6 FOR EXEMPTION CERTIFICATE Pursuantto Statute Section 39-26.114(1 )(a)(XIX) DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. I Registration/Account No. (to be assigned by DOR) 89- Period 0110-1so (999) $0.00 I Trade name/OBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: $ Fax Number. Business telephone number. Colorado withholding tax account number. ( ) ( ) '·EX. EMP' T .. 10· N.'l·N··· FO· ·R·M· A.TIO· N. Copies of ~·oi\tract.oi" agreem·ent_pages-(1) ide!ltifyii!!flhe'cgntfacting parties . . .. . _ _andJ2l containing sigriatures·of contracting parties must be attached. __ -· .. Name of exempt organization (as shown on contract): Exempt organization's number. 98- Address of exempt organization (City, State, Zip): Principal contact at exempt organization: .Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled construction start date: Month Day Year Estimated completion date: Month Day Year I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE Contractor Application for Tax Exemption Certificate 00670-1 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent· number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 00670-1 Contractor Application for Tax Exemption Certificate Conditions of the Contract SECTION 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications (rev. 9/99)) and other provisions of the Contract Documents executed under 8106 Utility Infrastructure Construction Services for Water, Wastewater, and Stormwater Facilities Capital Improvements. All work performed under this work order shall be conducted in accordance with the technical specifications, included herein. SC-1 DEFINITIONS I SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General Conditions:•' 1.38. Substantial Completion . ... Substantial Completion is further defined as that degree of completion of the operating facilities or systems of the Project defined in the Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous, beneficial operation of the modifications, and all inspections required have been completed and identified deficiencies corrected. SC-1.43.A Add the following new paragraph immediately after paragraph 1.43 of the General Conditions: 1.43.A. Work Order-A written document executed by OWNER and CONTRACTOR that provides for the construction of a portion of the Work, pursuant to the Agreement and all as required by the Contract Documents, and that becomes a Contract Document when executed. SC-2 PRELIMINARY MATIERS SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: 2.8 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 Drawing and other submittals, processing Applications for Payment, and maintaining required records. SC-2.10, Add the following new paragraph immediately after paragraph 2.9 of the General Conditions: 2.10 Work Order Required for All Work. References to the Agreement in this Article 2 and in the General and Supplementary Conditions and Contract Documents notwithstanding, no Work shall be initiated or performed until CONTRACTOR has received a signed and executed Work Order, incorporating the Notice to Proceed, from OWNER; and no provision of the Article 2 or of the General and Supplementary Conditions and Contract Documents shall permit or require any action of CONTRACTOR in the absence of a signed and executed Work Order. All provisions of this Article 2 and of the General and Supplementary Conditions and Contract Documents referencing the Agreement or other parts of the Contract Documents, or permitting or requiring any action of Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Supplementary Conditions 00800-1 CONTRACTOR, shall be read as referencing and, as appropriate, requiring a signed and executed Work Order. SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the General Conditions: 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: 1. none 1 Contractor may rely upon the accuracy of the technical data contained in the documents, but not upon non-technical data, interpretations or opinions contained therein or upon the completeness of any information in the report. SC-5 BONDS AND INSURANCE SC-5.4.7. Include the following parties or entities as additional Insureds, as provided in paragraph 5.4.7 of the General Conditions: 5.4.7.1.The City of Fort Collins, Colorado, 4316 LaPorte Avenue, Fort Collins, Colorado 80522 SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the General Conditions: 5.4.8.1.1. Limits of Liability. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000 I $100,000 I $500,000. 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9. This policy will include completed operations coverage I product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. SC-6 CONTRACTOR'S RESPONSIBILITIES Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 00800-2 Supplementary Conditions SC-6.14.3. Conditions: Add the following new paragraph immediately following paragraph 6.14.2 of the General 6.14.3.1. The following Laws or Regulations are included in the Contract Documents as mandated by statute or for the convenience of the CONTRACTOR. Other Laws and Regulations apply which are not included herein, and are within the CONTRACTOR'S duty and responsibility for compliance thereto: 6.14.3.2. Notice to owners of Underground Facilities is required prior to excavations in the vicinity of such facilities. 6.14.3.2. Unless otherwise decided by reason of the amount of the Contract Price involved, or other good reason, before or at the time that the contract is awarded to a corporation outside the State of Colorado, such corporation must carry out the proper procedure to become authorized to do business in the State of Colorado, designate a place of business therein, and appoint an agent for service of process. Such corporation must furnish the OWNER with a certificate from the Secretary of State of Colorado, has been issued by its office and there shall also be procured from the Colorado Secretary of State a photostatic or certified copy of the designated place of business and appointment of agent for service of process, or a letter from the Colorado Secretary of State that such designation of place of business and agent for service of process have been made. 6.14.3.3 The CONTRACTOR must conform to the rules and regulations of the Industrial Commission of Colorado. Particular reference is made to rules and regulations governing excavation Work adopted by the Industrial Commission of Colorado. SC-6.35. Add the following new paragraphs immediately following paragraph 6.34 of the General Conditions: SC-11 6.35 Federal Requirements. As applicable, and as may be required for any Work Order, CONTRACTOR agrees to the following additional requirements. 6.35.1. CONTRACTOR agrees that he is subject to the provisions of the Williams-Steiger Occupational Safety and Health Act of 1970 and related program requirements, as included in Appendix A of the Supplementary Conditions. 6.35.2. CONTRACTOR agrees to utilize the rural Area business Development Plan, as included in Appendix B of the Supplementary Conditions. 6.35.3. CONTRACTOR agrees to the Prohibition Against Listed Violated Facilities, as included in Appendix C of the Supplementary Conditions. 6.35.4. CONTRACTOR agrees to the provisions of the Notice of Requirementfor Affirmative Action to ensure equal employment opportunity and related attached documents, as included in Appendix D of the Supplementary Conditions CHANGE OF CONTRACT PRICE Boxelder Creek Outfall · ELCO Waterline Relocation Supplementary Conditions April 2016 00800-3 SC-11.6.2.7. 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 4 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 CHANGE OF CONTRACT TIMES SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions. 12.3 ... Lost days due to abnormal weather conditions will be allocated as required. SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION SC- 14.1. Add the following language to the end of paragraph 14.1 of the General Conditions. I 14.1. Schedule of values ... Progress payments on the negotiated not-to-exceed fee shall be based on a time and materials basis. Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 END OF SECTION Supplementary Conditions 00800-4 APPENDIX A WILLIAMS-STEIGER OCCUPATIONAL SAFETY AND HEAL TH ACT OF 1970 A. AUTHORITY (1) The CONTRACTOR is subject to the provisions of the Williams-Steiger Occupational Safety and Health Act of 1970. (2) These construction documents and the joint and several phases of construction hereby contemplated are to be governed, at all times, by applicable provisions of the Federal law(s), including but not limited to the latest amendment of the following: a. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 94-596; I b. Part 1910- Occupational Safety and Health Standards, Chapter XVII of the Title 29, Code of the Federal Regulations. c. Part 1926- Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations. B. SAFTEY AND HEAL TH PROGRAM REQUIREMENTS (1) This project, its prime contractor and its subcontractors, shall at all times be governed by Chapter XVII of Title 29, Code of Federal Regulations, Part 1926 - Safety and Health Regulations for Construction (29 CFR 22801 ), as amended to date. (2) To implement the program and to provide safe and healthful working conditions for all persons, general project safety meetings will be conducted at the site at least once each month during the course of the construction, by the construction superintendent or his/her designated safety officer. Notice of such meeting shall be issued not less than three (3) days prior, stating the exact time, location and agenda to be included. Attendance by the OWNER, architect, general foreman, shop steward(s) and trades, or their designated representatives, witnessed in writing as such, shall be mandatory. (3) To further implement the program, each trade shall conduct a short gang meeting, not less than once a week, to review project safety requirements mandatory for all persons during the coming week. The gang foremen shall report the agenda and specific items covered to the project superintendent, who shall incorporate these items in his/her daily log or report. (4) The prime contractor and all subcontractors shall immediately report all accidents, injuries or health hazards to the owner and architect or their designated representatives, in writing. This shall not obviate any mandatory reporting under the provisions of the Occupational Safety and Health Act of 1970. (5) This program shall become a part of the contract documents and the contract between the owner and prime contractor, prime contractor and all subcontractors, as though fully written therein. Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Supplementary Conditions 00800-5 APPENDIX B RURAL AREA BUSINESS ENTERPRISE DEVELOPMENT PLAN The Contractor agrees and is required to utilize the following affirmative steps: A. Placing Small Businesses in Rural Areas (SBRA) on solicitation lists; B. Ensuring that SBRAs are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs; D. Establishing delivery schedules, where the requirements of work will permit, which would encourage participation by SBRAs; E. Requiring the contractors if it awards subcontracts, to take the affirmative steps in subparagraphs A. through E. of this condition. Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Supplementary Conditions 00800-6 APPENDIXC PROHIBITION AGAINST LISTED VIOLATED FACILITIES A. REQUIREMENTS (1) To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.C. 1857, et seq., as amended by Pub. L. 92-604) and section 308 of the Clean Water Act (33 U.S.C. 1251, as amended), respectively, which relate to inspection, monitoring, entry, reports and information, as well as other requirements specified in section 114 and section of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this contract. · (2) That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency list of violating facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from the listing. (3) That the best efforts to comply with clean air and clean water standards at the facilities in which the contract is being performed. (4) To insert the substance of the provisions of this clause, including this paragraph (4), in any nonexempt subcontract. B. DEFINITIONS (1) Air Act means the Clean Air Act, as amended (42 U.S.C. 1857 et seq.). (2) Water Act means the Clean Water Act, as amended (33 U.S.C. 1251 et seq.). (3) Clean Air Standards means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions or other requirements which are contained in, issued under or otherwise adopted under the Air Act or Executive Order 11738, an applicable implementation plan as described in section 11 O(d) of the Air Act (42 U.S.C. 1857c-5(d), an approved implementation procedure or plan -under section 111 (c) or section 111 (d), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 1857c-7(d). (4) Clean Water Standards means any enforceable limitation, control, condition, prohibition, standard or other requirement which is promulgated under the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved prograrT), as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by a local government to ensure compliance with pretreatment regulations as required by section 307 of Water Act (33 U.S.C. 1317). (5) Compliance means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency in accordance with the requirements of the Air Act or Water Act and regulations. (6) Facilitv means any building, plant, installation, structure, mine, vessel or other floating craft, Boxelder Creek Outfall - Supplementary Conditions ELCO Waterline Relocation April 2016 00800-7 location or site of operations, owned leased or supervised by a contractor or subcontractor, to be used in the performance of a contract or subcontract. Where a location or site of operations contains or includes more than one building plant, installation or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are located in one geographical area. Boxelder Creek Outfall - ELCO Waterline Relocation Supplementary Conditions April 2016 00800-8 SECTION 00900 ADDENDA, MODIFICATIONS, AND PAYMENT 00950 00960 Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Contract Change Order Application for Payment Addenda, Modifications & Payment Table of Contents 00900-1 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Boxelder Creek Outfall - ELCO Waterline Relocation CONTRACTOR: PROJECT NUMBER: DESCRIPTION: , 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST TOTAL APPROVED CHANGE ORDERS TOTAL PENDING CHANGE ORDERS TOTAL THIS CHANGE ORDER THIS C.0. % OF ORIGINAL CONTRACT TOTAL C.O.'S % OF ORIGINAL CONTRACT ADJUSTED CONTRACT COST (Assuming all change orders approved) 0.0% 0.0% ACCEPTED BY:, _____________ _ Contractor's Representative ACCEPTEDBY: __ ___,----------- Project Manager REVIEWED BY: _____________ _ Title: APPROVED BY: _____________ _ Title: APPROVED BY: _____________ _ cc: Project File Contractor Purchasing Gerry S. Paul, Director of Purchasing and Risk Management If over $60,000 Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 00950-1 $ 0.00 0.00 '0.00 0.00 $0.00 DATE: ____ _ DATE: ____ _ DATE:, ____ _ DATE:, ____ _ DATE:, ____ _ Contract Change Order PROJECT: OWNER: City of Fort Collins Utilities CONTRACTOR: APPLICATION NUMBER: 700 Wood Street APPLICATION DATE: Fort Collins, CO 80522 PERIOD BEGINNING: PERIOD ENDING: ENGINEERS: PROJECT NUMBER: CHANGE ORDERS: PAY APPLICATION: NUMBER DATE AMOUNT Application is made for Payment as shown below in connection with the Contract. The present status of the account for this Contract is as follows. Original Contract Amount: Net Change by Change Order: $ Revised Current Contract Amount: $0.00 Total Work Completed to Date: Total Change Order Work to Date: Total Stored to Date: Total Completed and Stored Materials to Date: $0.00 Less Previous Payments: Amount due this Pay Application (before retainage): $0.00 Less Retainage: $ Net Change by Change Order: $ AMOUNT DUE THIS APPLICATION: $0.00 Chanae Order %: 0.00% CERTIFICATION: The The the WORK above undersigned Amount have been CONTRACTOR Due satisfied this Application as certifies required is requested that in paragraph all obligations by the 14.CONTRACTOR's 3 of of CONTRACTOR the General Conditions Project incurred Manager. of in the connection Contract. with k~olli~ City of Date: Bv: - Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Jay Rose, Special Projects Manager Payment of the above Amount Due This Application is approved by the OWNER. Date: Bv: Owen L. Randall, Chief Engineer Page 1of1 ATTACHMENT A Bid/RFP #: Bid/RFP Title Work Order#: Boxelder Creek Outfall - ELCO Waterline Relocation Drawings Sheet 9-10 11 12 Title ELCO Transmission Line Relocation Plan and Profile ELCO Service Line Relocation Plan and Profile ELCO Waterline Standard Details Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Revision Date April 01, 2016 April 01, 2016 March 11, 2016 Attachment A DIVISION 1 - GENERAL REQUIREMENTS SECTION 0111 O SUMMARY OF WORK SECTION 01140 CONTRACTOR'S USE OF PREMISES SECTION 01145 SPECIAL PROJECT PROCEDURES SECTION 01180 UTILITY SOURCES SECTION 01270 MEASUREMENT AND PAYMENT SECTION 01310 PROJECT MEETINGS SECTION 01320 CONSTRUCTION SCHEDULES SECTION 01330 SUBMITTALS SECTION 01425 STANDARD REFERENCES SECTION 01450 MATERIALS TESTING SECTION 01520 FIELD OFFICES FOR OWNER SECTION 01555 TRAFFIC REGULATION SECTION 01580 PROJECT SIGNS SECTION 01635 SUBSTITUTIONS AND PRODUCT OPTIONS SECTION 01650 MATERIAL DELIVERY, STORAGE, AND HANDLING SECTION 01710 SITE CONDITIONS . SECTION 01715 TREE, LANDSCAPE, VEGETATION, AND WETLAND PROTECTION SECTION 01720 FIELD ENGINEERING AND SURVEYING SECTION 01745 ENVIRONMENTAL CONTROLS SECTION 01780 CONTRACT CLOSE-OUT Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Division 1 TOG - 1 Division 1 Table of Contents SECTION 01110 SUMMARY OF WORK PART1 GENERAL 1.01 1.02 SECTION INCLUDES A. Site location and description. B. Project description. c. Scope of work and work sequence. D. Underground utilities. SITE LOCATION AND DESCRIPTION A. Boxelder Creek Outfall 1. The site of the work is located on the east Prospect ROW and ELCO's permanent easement between Summitview Drive and 1-25 as shown on the Drawings. 2. The site is in the Boxelder Creek/ Poudre River Basin in east central Fort Collins. 1.03 PROJECT DESCRIPTION A. The ELCO Waterline Relocation work includes but is not limited to: 1. Removal and disposal of existing ELCO 6 inch AC pipe located in the Prospect Road ROW that is in conflict with The City of Fort Collins new box culvert installations. 2. Installation of a new PVC ELCO water main consisting of 6 inch, and 12 inch PVC pipe and all other components as listed in the and schedule of values. 3. Dewatering. 4. Post construction landscaping and seeding. 5. All other items set forth in the Specifications and Drawings. 1.04 WORK SEQUENCE A. The Work Sequence is to be submitted as part of the construction schedule required in Section 01320 (Construction Schedules) and Section 01330 (Submittals). Construction of the project shall begin within seven (7) calendar days of the date of Notice to Proceed. Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Summary of Work 01110-1 1.05 UNDERGROUND UTILITIES A. It shall be the responsibility of the CONTRACTOR to verify the existence and location of all underground utilities along the route of the work and to coordinate the construction schedules with these utility owners. See Section 01180 for a list of Utility Sources. B. Known utilities and structures adjacent to or encountered in the work are shown on the Drawings. The locations shown are taken from existing records and the best information available from existing utility plans, however, there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the CONTRACTOR only, and no responsibility is assumed by either the OWNER or the ENGINEER for their accuracy or completeness. C. The CONTRACTOR shall field verify all utilities and coordinate construction with utility owners prior to starting construction. The CONTRACTOR shall be responsible for protecting utilities during construction and scheduling utility adjustments to eliminate conflict with progress of the work. Any damage to existing utilities shall be repaired at no additional cost to the OWNER. D. The CONTRACTOR shall notify the ENGINEER immediately of any field condition not consistent with the contract documents. Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 END OF SECTION Summary of Work 01110-2 Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 THIS PAGE INTENTIONALL V LEFT BLANK 01110-3 Summary of Work I PART1 GENERAL 1.01 SECTION INCLUDES SECTION 01140 CONTRACTOR'S USE OF PREMISES A. The CONTRACTOR may use the OWNER's property designated within the construction limits shown on the Drawings tor equipment and materials as long as he confines his operations to those permitted by local laws, ordinance and permits and meets the following requirements: 1. Do not unreasonably encumber site with materials or equipment. 2. Assume full responsibility for protection and safekeeping of products stored on premised. 11 3. Move any stored products which interfere with operations of the OWNER. 4. Obtain and pay for use of additional storage or work areas needed for operations. 1.02 LIMITS OF CONSTRUCTION A. The CONTRACTOR must maintain all construction activities within the OWNER's property and/or construction easements and limits of the project, or other stated areas, unless permits and/or written permission are obtained by the CONTRACTOR, from appropriate authorities or private property owners, outside of these areas. Contractor shall fence all easements and work areas. Fences shall be substantial in size and type to prevent injury to persons and animals and prevent domestic animals (i.e. horses, cattle, livestock, etc.) from entering in or across the construction site. The temporary permits must be secured and paid for by the CONTRACTOR at no extra cost to the OWNER. Any temporary permits secured must be in writing and a copy of same provided to the ENGINEER. 1.03 SECURITY A. The CONTRACTOR shall at all times be responsible tor the security of his facilities and equipment. The OWNER will not take responsibility for missing or damaged equipment, tools, or personal belongings of the CONTRACTOR. END OF SECTION Boxelder Creek Outfall - ELCO Waterline Relocation Contractor's Use of Premises April 2016 01140-1 Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 THIS PAGE INTENTIONALLY LEFT BLANK Contractor's Use of Premises 01140-2 PART1 GENERAL 1.01 SECTION INCLUDES SECTION 01180 UTILITY SOURCES A. Names and telephone numbers of affected agencies and utilities in the area are listed below for the CONTRACTOR's convenience. The CONTRACTOR assumes all responsibility of contacting these agencies and verification of telephone numbers. 1. Water Fort Collins Utilities 2. Sanitary Sewer Fort Collins Utilities 3. Stormwater Fort Collins Utilities 4. Electrical Fort Collins Utilities 6. Engineering City of Fort Collins 7. Traffic City of Fort Collins 8. Gas Xcel Energy 9. Telephone Qwest 10. Cable TV Comcast 11. One-Call Utility Locates Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 END OF SECTION 01180-1 {970) 221-6700 (970) 221-6700 (970) 221-6700 (970) 221-6700 (970) 221-6605 {970) 221-6615 (800) 895-2999 (800) 573-1311 {800) 266-2278 (800) 922-1987 Utility Sources SECTION 01270 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.01 SECTION INCLUDES A. The work performed under this Agreement shall be paid for on a Time and Materials basis. The quantities provided on the Bid Schedule are only estimates of the actual quantities of the work to be performed, and are only included for purposes of making the award and establishing a basis for estimating the probable cost of the Work. The actual amounts of work performed and materials furnished may differ from the estimated quantities. The basis of payment for work and materials bid as time and materials will be the actual amount of approved work done and materials furnished. The CONTRACTOR agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the estimated amount for bid items. Payment shall be made only for those items included in the Bid Schedule. All costs incurred shall comply with the provisions of these Specifications and shall be included in the price bid for the associated items in the Bid Schedule. Except as may be otherwise stipulated, the OWNER will furnish no material, labor or equipment. The quantity of work, which will be considered for payment, is the actual cost of the work plus CONTRACTOR'S markups in accordance with all relative Specifications and Agreements. Boxelder Creek Outfall - ELCO Waterline Relocation Measurement and Payment 01270 -1 April 2016 SECTION 01310 PROJECT MEETINGS PART1 GENERAL 1.01 SECTION INCLUDES A. Pre-Construction Conference: A Pre-Construction Conference will be held after Notice of Award and before the Notice to Proceed, the date, time and location will be determined after Notice of Award. The conference shall be attended by: 1. CONTRACTOR and CONTRACTOR's Superintendent 2. CONTRACTOR's Surveyor and Subcontractors 2. ENGINEER 3. OWNER 4. Others as requested by the CONTRACTOR, OWNER, or ENGINEER. Unless previously submitted to the OWNER, the CONTRACTOR shall bring to the conference a tentative schedule of the construction project, include in the schedule shop drawings and other submittals. The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The agenda will include: 1. CONTRACTOR's tentative Schedule 2. Permit applications and submittals, including 402 Permit, SWMP, and Traffic Control Plan 3. Transmittal, review and distribution of CONTRACTOR's submittals 4. Processing applications for payment 5. Maintaining record documents 6. Critical work sequencing 7. Field decision and change orders 8. Use of premises, office and storage areas, staging area, security, housekeeping, and OWNER's needs 9. CONTRACTOR's assignment of safety and first aid B. Construction Progress Meetings: Progress meetings will be conducted weekly or at some other frequency, if approved by the OWNER, ENGINEER and CONTRACTOR. These meetings shall be attended by the OWNER, the ENGINEER, the CONTRACTOR's representative and any others invited by these people. The meeting will be conducted by the ENGINEER and the ENGINEER will arrange for keeping the minutes and distributing the minutes to all persons in attendance. The agenda of these project meetings will include construction progress, the status of submittal reviews, status of information requests, critical work sequencing, review of Boxelder Creek Outfall - ELCO Waterline Relocation Project Meetings April 2016 01310-1 strategies for connections into existing facilities, status of field orders and change orders, and any general business. Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 END OF SECTION Project Meetings 01310-2 SECTION 01320 CONSTRUCTION SCHEDULES 1.01 SECTION INCLUDES A. Prepare detailed schedule of all construction operations and procurements to be reviewed by parties attending the preconstruction conference. Schedule shall be approved by the OWNER and ENGINEER prior to Notice to Proceed. 1.02 FORMAT AND SUBMISSIONS A. Prepare construction and procurement schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit four (4) copies of each schedule to the OWNER and_ENGINEER for review. The. ENGINEER will return one copy to the CONTRACTOR with revisions suggested or necessary for coordination of the Work with the needs of the OWNER or others. 1.03 CONTENT A. Construction Progress Schedule 1. Show the complete work sequence of construction by activity and location. Show projected percentage of completion for each item as of the first day of the month. B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials. 1.04 PROGRESS REVISIONS A. Submit revised schedules and reports when changes are foreseen, when requested by OWNER or ENGINEER, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. Boxelder Creek Outfall - Construction Schedules ELCO Waterline Relocation April 2016 01320-1 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. 1.05 OWNER'S RESPONSIBILITY A. OWNER's review is only for the purpose of checking conformity with the Contract Documents and assisting CONTRACTOR in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving CONTRACTOR from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 END OF SECTION Construction Schedules 01320-2 SECTION 01330 SUBMITTALS PART 1 GENERAL 1.01 SECTION INCLUDES A. Requirements: 1. Where required by the Specifications, the CONTRACTOR shall submit descriptive information that will enable the ENGINEER to determine whether the CONTRACTOR's proposed materials, equipment, methods of work are in general conformance to the design concept and in accordance with the Drawings and Specifications. The information submitted may consist of drawings, specifications, descriptive data, certificates, samples, test results, product data, and such other information, all as specifically required in the Specifications. In some instances, specified submittal information describes some, but not all features of the material, equipment, or method of work. 2. The CONTRACTOR shall be responsible for the accuracy and completeness of the information contained in each submittal and shall assure that the material, equipment, or method of work shall be as described .in the submittal. The CONTRACTOR shall verify that all features of all products conform to the requirements of the Drawings and Specifications. The CONTRACTOR shall ensure that there is no conflict with other submittals and notify the ENGINEER in each case where its submittal may affect the work of another CONTRACTOR or the OWNER. The CONTRACTOR shall ensure coordination of submittals among the related crafts and subcontractors. 3. Submittals will be reviewed for overall design intent and returned to CONTRACTOR with action to be indicated by the ENGINEER. It shall be the CONTRACTOR's responsibility to assure that previously accepted documents are destroyed when they are superseded by a resubmittal as such. 4. It shall be the CONTRACTOR's responsibility to ensure that required items are corrected and resubmitted. Any work done before approval shall be at the CONTRACTOR's own risk. B. Submittal Procedure: 1. Unless a different number is called for in the individual sections, six (6) copies of each submittal and sample are required, four (4) of which will be retained by the ENGINEER. The CONTRACTOR shall receive two (2) copies in return. Faxed submittals will not be accepted. As an alternate, submittals may be posted on a "share site" such as Sharepoint, for review by the ENGINEER or OWNER. All other requirements of this section shall apply. Boxelder Creek Outfall - ELCO Waterline Relocation Submittals April 2016 01330-1 2. Submittals that are related to or affect each other shall be forwarded simultaneously as a package to facilitate coordinated review. Uncoordinated submittals will be rejected. 3. If the items or system proposed are acceptable but the major part of the individual drawings or documents are incomplete or require revision, the submittal will be returned with requirements for completion. 4. The right is reserved for the ENGINEER to require submittals in addition to those called for in individual sections. 5. Submittals regarding material and equipment shall be submitted directly to the ENGINEER and will be accompanied by a transmittal form. A separate form shall be used for each specific item, class of material, equipment, and items specified in separate discrete sections for which the submittal is required. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole. 6. A unique number, sequentially assigned, shall be noted on the transmittal form accompanying each item submitted. Original submittal numbers shall have the following format: "XXX-Y;" where "XXX" is the originally assigned submittal number and ''Y" is a sequential letter assigned for resubmittals (i.e., A, B, or C being the first, second and third resubmittals, respectively). Submittal 258, for example, is the second resubmittal of Submittal 25. 7. If the CONTRACTOR proposes to provide material, equipment, or method of work that deviates from the Contract Documents, it shall indicate so under "deviations" on the transmittal form accompanying the submittal copies. 8. Submittals that do not have all the information required to be submitted, including deviations, are not acceptable and will be returned without review. C. Review Procedure: 1. Submittals are specified for those features and characteristics of materials, equipment, and methods of operation that can be selected based on the CONTRACTOR's judgment of their conformance to the requirements of the Drawing and Specifications. Other features and characteristics are specified in a matter that enables the CONTRACTOR to determine acceptable options without submittals. The review procedure is based on the CONTRACTOR's guarantee that all features and characteristics not requiring submittals conform to the Drawings and Specifications. Review shall not extend to means, methods, techniques, sequences, or procedures of construction or to verifying quantities, dimensions, weights or gages, or fabrication processes (except where specifically indicated or required by the Specifications) of separate items, and as such, will not indicate approval of the assembly in which the item functions. Boxelder Creek Outfall - ELCO Waterline Relocation Submittals April 2016 01330-2 2. Unless otherwise specified, within twenty-one (21) calendar days after receipt of the submittal, the ENGINEER will review the submittal and return copies. The returned submittal will indicate one of the following actions: a. If the review .indicates that the material, equipment, or work method complies with the Specifications, submittal copies will be marked "NO EXCEPTIONS TAKEN". In this event, the CONTRACTOR may begin to implement the work method or incorporate the material or equipment covered by the submittal. b. If the review indicates limited corrections are required, copies will be marked "FURNISH AS NOTED". The CONTRACTOR may begin implementing the work method or incorporating the material and equipment covered by the submittal in accordance with the noted corrections. Where submittal information will be incorporated in Operation and Maintenance data, a corrected copy shall be provided. c. If the review indicates that the submittal is insufficient or contains incorrect data, copies will be marked "REVISE AND RESUBMIT'. Except at its own risk, the CONTRACTOR shall not undertake work covered by this submittal until it has been revised, resubmitted and returned marked either "NO EXCEPTIONS TAKEN" or "FURNISH AS NOTED". d. If the review indicates that the material, equipment, or work method do not comply with the Specifications, copies of the submittal will be marked "REJECTED". Submittals with deviations that have not been identified clearly may be rejected. Except at its own risk, the CONTRACTOR shall not undertake the work covered by such submittals until a new submittal is made and returned marked either "NO EXCEPTIONS TAKEN" or "FURNISH AS NOTED". D. Drawing: 1. The term "shop drawings" includes drawings, diagrams, layouts, schematic, descriptive literature, illustrations schedules performance and test data, and similar materials furnished by CONTRACTOR to explain in detail specific portions of the work required by the Contract 2. CONTRACTOR shall coordinate all such drawings, and review them for legibility, accuracy, completeness and compliance with contract requirements and shall indicate this approval thereon as evidence of such coordination and review. Shop drawing submitted to the ENGINEER without evidence of CONTRACTOR's approval will be returned for resubmission. 3. Shop drawing shall be clearly identified with the name and project number of this contract, and references to applicable specification paragraphs and contract drawings. When catalog pages are submitted, applicable items shall be clearly identified. Boxelder Creek Outfall - ELCO Waterline Relocation Submittals April 2016 01330-3 4. CONTRACTOR shall stamp his approval on shop drawings prior to submission to the ENGINEER as indication of his checking and verification of dimensions and coordination with interrelated items. Stamp shall read: "(CONTRACTOR's Name) represents that we have determined and verified all field dimensions and measurements, field construction criteria, materials, catalog numbers and similar data, and that we have checked with the requirements of the Specifications and Drawings, the Contract Documents, and General Conditions". Marks on drawings by CONTRACTOR shall not be in red. Any marks by CONTRACTOR shall be duplicated on all copies submitted. 5. If shop drawings show variations from contract requirements, CONTRACTOR shall describe such variations in writing, separate from the drawings, at time of submission. All such variations must be approved by the ENGINEER. If ENGINEER approves any such variations, he shall issue an appropriate contract modification, except that, if the variation is minor and does not involve a change in price or in time of performance, a modification need not be issued. 6. Should the CONTRACTOR propose any item on his shop drawings or incorporate an item into the work, and that item should subsequently prove to be defective or otherwise unsatisfactory, (regardless of the ENGINEER's preliminary review), the CONTRACTOR shall, at his own expense, replace the item with another item that will perform satisfactorily. E. Certificates: For those items called for in individual sections, furnish six (6) certificates of compliance from manufacturers or suppliers certifying that materials or equipment being furnished under the Contract comply with the requirements of these Specifications. F. Samples: Samples shall be sufficient in size to clearly illustrate functional characteristics and full range of color, texture, and pattern. G. Effect of Review of CONTRACTOR's Submittals: Review of drawings, data, methods of work, or information regarding materials or equipment the CONTRACTOR proposes to provide, shall not relieve the contractor of its responsibility for errors therein and shall not be regarded as an assumption of risks or liability by the ENGINEER or the OWNER, or by any officer or employee thereof, and the CONTRACTOR shall have no claim under the Contract on account of the failure or partial failure, of the method of work, material, or equipment so reviewed. A mark of "NO EXCEPTIONS TAKEN" or "FURNISH AS NOTED" shall mean that the OWNER has no objection to the CONTRACTOR, upon its own responsibility, using the plan or method of work proposed, or providing the materials or equipment proposed. Boxelder Creek Outfall - ELCO Waterline Relocation Submittals April 2016 01330-4 Boxelder Creek Outfall • ELCO Waterline Relocation April 2016 END OF SECTION Submittals 01330-5 PART1 GENERAL 1.1 SECTION INCLUDES SECTION 01425 STANDARD REFERENCES A. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, or laws or regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard, specifications manual or code (whether or not specially incorporated by reference in the Contact Documents) shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to ENGINEER, or any of ENGINEER's Consultants, agents, or employees, any duty or authority to supervise or direct the furnishing or performance of the Work. Whenever used in the Contract Documents, the following abbreviations will have the meanings listed: AASHTO ACI ACPA AISC AISI ANSI AREMA Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 American Association of State Highway and Transportation Officials 444 North Capital Street, N.W., Suite 225 Washington, DC 20001 American Concrete Institute POB 19150 Detroit, Ml 48331 American Concrete Pipe Association American Iron and Steel Institute 150 East 42nd Street New York, NY 10017 American Iron and Steel Institute 150 East 42nd Street New York, NY 10017 American National Standards Institute, Inc. 1430 Broadway New York, NY 10017 American Railway Engineering and Maintenance-of-Way Association 8201 Corporate Drive, Suite 1125 Standard References 01425-1 Landover, MD 20785 ASCE American Society of Civil Engineers 345 East 4 7th Street New York, NY 10017 ASTM American Society of Testing and Materials 1916 Race Street Philadelphia, PA 19103 ATSSA American Traffic Safety Services Association BOCA Building Officials and Code Administrators 17926 Halstead Homewood, IL 60430 CCA Colorado Contractors Association CISPI Cast Iron Soil Pipe Institute CRSI Concrete Reinforcing Steel Institute 180 North LaSalle Street Chicago, IL 60601 CSI Construction Specifications Institute DIPRA Ductile Iron Pipe Research Associations EPA Environmental Protection Agency FEDSPEC Federal Specifications General Services Administration Specification and Consumer Information Distribution Branch Washington Navy Yard, Building 197 Washington, DC 20407 FEDSTDS Federal Standards, (see FEDSPEC) ICBO International Conference of Building Officials 5360 South Workman Mill Road Whittier, CA 90601 Ml LSPEC Military Specifications Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 Boxelder Creek Outfall - Standard References ELCO Waterline Relocation April 2016 01425-2 NIST NPC NSC OSHA PCA PCI PS SSPC SSPWC TCA UBC UL UMC UPC Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 National Institute of Standards and Technology National Plumbing Code National Safety Council Occupational Safety and Health Act U.S. Department of Labor Occupational and Health Administration San Francisco Regional Office 450 Golden Gate Avenue, Box 30617 Portland Cement Association Prestressed Concrete Institute Products Standards Section - U.S. Depart. of Commerce Steel Structures Painting Council Standard Specifications for Public Works Construction Building News, Inc. 3055 Overhead Avenue Los Angeles, CA 90034 Title Council of America Uniform Building Code Published by ICBO Underwriter's Laboratory 207 East Ohio Street Chicago, IL 60611 Uniform Mechanical Code Published by ICBO Uniform Plumbing Code Published by IAPMO END OF SECTION 01425-3 Standard References SECTION 01450 MATERIALS TESTING PART1 GENERAL 1.01 SECTION INCLUDES A. Provide such equipment and facilities as are required for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment found to be acceptable. Any product which becomes unfit for use after approval thereof shall not be incorporated into the work. B. Tests shall be made by an accredited testing laboratory selected by the OWNER. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM), and the American Association of Highway and Transportation Officials (AASHTO). C. Where additional or specific information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.02 OWNER'S RESPONSIBILITIES A. The OWNER shall be responsible for and shall pay all costs in connection with the following testing: 1. Soils compaction tests 2. Trench backfill 3. Pipe and structural bedding 4. Tests not called for by the Specifications of materials delivered to the site 5. Concrete tests 6. Pavement tests 1.03 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, CONTRACTOR shall also be responsible for and shall pay all costs in connection with testing required for the following: Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Materials Testing 01450-1 1. Concrete materials and mix designs. 2. Design of asphalt mixtures. 3. Gradation tests for embankment, fill and backfill materials. 4. All performance and field testing specifically called for by the Specifications. 5. All retesting for work or materials found defective or unsatisfactory, including tests covered under 1.02 above. 6. Water quality testing required by discharge permits. 1.04 TRANSMITTAL OF TEST REPORTS Written reports of tests and engineering data furnished by CONTRACTOR for ENGINEER's review of materials and equipment proposed to be used in the work shall be submitted as specified for Shop Drawings. The testing laboratory retained by the OWNER will furnish six {6) copies of a written report of each test performed by laboratory personnel in the field or laboratory. Three (3) copies of each test report will be transmitted to the ENGINEER, one (1) copy to the CONTRACTOR, and two (2) copies to the OWNER within seven (7) days after each test is completed. Results of tests performed on site will be relayed to the ENGINEER and CONTRACTOR before the testing firm's personnel leave the work site. END OF SECTION Boxelder Creek Outfall - ELCO Waterline Relocation Materials Testing April 2016 01450-2 SECTION 01650 MATERIAL DELIVERY, STORAGE AND HANDLING PART1 GENERAL 1.01 SECTION INCLUDES A. Equipment, products and materials shall be shipped, handled, stored, and installed in ways which will prevent damage to the items. Damaged items will not be permitted as part of the work except in cases of minor damage that have been satisfactorily repaired and are acceptable to the ENGINEER. B. Pipe: Pipe and appurtenances shall be handled, stored, and installed as recommended by the manufacturer. Pipes with paint, tape coatings, linings or the like shall be stored to protect the coating or lining from physical damage or other deterioration. Pipe shipped with interior bracing shall ihave the bracing removed only when recommended by the pipe manufacturer. Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 END OF SECTION ' Material Delivery, Storage, and Handling 01650-1 PART1 GENERAL 1.01 SECTION INCLUDES A. General: SECTION 01710 SITE CONDITIONS 1. The CONTRACTOR acknowledges that he has satisfied himself as to the nature and location of the work, the general and local conditions, particularly those bearing upon access to the site; handling, storage, and disposal of materials; availability of water, electricity and roads; uncertainties of weather, river stages, water flow rates and levels in irrigation ditches and canals or similar physical conditions at the site; the conformation and conditions of the ground; the equipment and facilities needed preliminary to and during the execution of the work; and all other matters which can in any way affect the work or the cost thereof under this Contract. 2. The CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials to be encountered from his inspection of the site and from reviewing any available records of exploratory work furnished by the OWNER or included in these Documents. Failure by the CONTRACTOR to acquaint himself with the physical conditions of the site and all the available information will not relieve him from responsibility for properly estimating the difficulty or cost of successfully performing the work. 3. The CONTRACTOR warrants that as a result of his examination and investigation of all the aforesaid data that he can perform the work in a good and workmanlike manner and to the satisfaction of the OWNER. The OWNER assumes no responsibility for any representations made by any of its officers or agents during or prior to the execution of this Contract, unless (1) such representations are expressly stated in the Contract, and (2) the Contract expressly provides that the responsibility therefore is assumed by the OWNER. PART 2 PRODUCTS 2.01 INFORMATION ON SITE CONDITIONS A. Any information obtained by the ENGINEER regarding site conditions, subsurface information, groundwater elevations, existing construction of site facilities, and similar data will be available for inspection, as applicable, at the office of the ENGINEER upon request. Such information is offered as supplementary information only. Neither the ENGINEER nor the OWNER assumes any responsibility for the completeness or interpretation of such supplementary information. 1. Differing Subsurface Conditions: a. In the event that the subsurface or latent physical conditions are found materially different from those indicated in these Documents, and differing Boxelder Creek Outfall - ELCO Waterline Relocation Site Conditions April 2016 01710-1 materially from those ordinarily encountered and generally recognized as inherent in the character of work covered in these Contract Documents, the CONTRACTOR shall promptly, and before such conditions are disturbed, notify the ENGINEER in writing of such changed conditions. b. The ENGINEER will investigate such conditions promptly and following this investigation, the CONTRACTOR shall proceed with the work, unless otherwise instructed by the ENGINEER. If the ENGINEER finds that such conditions do so materially differ and cause an increase or decrease in the cost of or in the time required for performing the work, the ENGINEER will recommend to the OWNER the amount of adjustment in cost and time he considers reasonable. The OWNER will make the final decision on all Change Orders to the Contract regarding any adjustment in cost or time for completion. 2. Underground Utilities: a. Known utilities and structures adjacent to or encountered in the work are shown on the Drawings. The locations shown are taken from existing records and the best information available from existing utility plans, however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the CONTRACTOR only, and no responsibility is assumed by either the OWNER or the ENGINEER for their accuracy or completeness. PART 3 EXECUTION 3.01 GENERAL A. Where the CONTRACTOR's operations could cause damage or inconvenience to railway, telegraph, telephone, television, oil, gas, electricity, water, sewer, or irrigation systems, the operations shall be suspended until all arrangements necessary for the protection of these utilities and services have been made by the CONTRACTOR. B. Notify all utility offices which are affected by the construction operation at least 48 hours in advance. Under no circumstances expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities. C. The CONTRACTOR shall protect all utility poles from damage. If interfering power poles, telephone poles, guy wires, or anchors are encountered, notify the ENGINEER and the appropriate utility company at least 48 hours in advance of construction operations to permit the necessary arrangements for protection or relocation of the interfering structure. D. The CONTRACTOR shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under this Contract. Boxelder Creek Outfall - ELCO Waterline Relocation Site Conditions April 2016 01710-2 E. Neither the OWNER nor its officers or agents shall be responsible to the CONTRACTOR for damages as a result of the CONTRACTOR's failure to protect utilities encountered in the work. F. If the CONTRACTOR while performing the Contract discovers utility facilities not identified in the Drawings or Specifications, he shall immediately notify the OWNER, utility, and the ENGINEER in writing. G. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in the restoration of service as promptly as possible and bear all costs of repair. H. The CONTRACTOR shall replace, at his own expense, any and all other existing utilities or structures removed or damaged during construction, ur;iless otherwise provided for in these Contract Documents or ordered by the ENGINEER. 3.02 INTERFERING STRUCTURES A. The CONTRACTOR shall take necessary precautions to prevent damage to existing structures whether on the surface, aboveground, or underground. An attempt has been made to show major structures on the Drawings. The completeness and accuracy cannot be guaranteed, and it is presented simply as a guide to avoid known possible difficulties. 3.03 FIELD RELOCATION A. During the progress of construction, it is expected that minor relocations of the work will be necessary. Such relocations shall be made only by direction of the ENGINEER. If existing structures are encountered that prevent the construction, and that are not properly shown on the Drawings, notify the ENGINEER before continuing with the construction in order that the ENGINEER may make such field revision as necessary to avoid conflict with the existing structures. If the CONTRACTOR shall fail to so notify the ENGINEER when an existing structure is encountered, and shall proceed with the construction despite the interference, he shall do so at his own risk. 3.04 EASEMENTS A. Where portions of the work are located on public or private property, easements and permits will be obtained by the OWNER. Easements will provide for the use of the property for construction purposes to the extent indicated on the easements. Copies of these easements and permits are available upon request to the OWNER. It shall be the CONTRACTOR's responsibility to determine the adequacy of the easement obtained in every case and to abide by all requirements and provisions of the easement. The CONTRACTOR shall confine his construction operations to within the easement limits or make special arrangements with the property owners or appropriate public agency for the additional area required. Any damage to property, either inside or outside the limits of the easements provided by the OWNER, shall be the responsibility of the CONTRACTOR as specified herein. The CONTRACTOR shall remove, protect, and replace all fences or other items encountered on public or private property. Before final payment will be authorized by Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 Site Conditions 01710-3 the ENGINEER, the CONTRACTOR will be required to furnish the OWNER with written releases from property owners or public agencies where side agreements or special easements have been made by .the CONTRACTOR or where the CONTRACTOR's operations, for any reason, have not been kept within the construction right-of-way obtained by the OWNER. B. It is anticipated that the required easements and permits will be obtained before construction is started. However, should the procurement of any easement or permit be delayed, the CONTRACTOR shall schedule and perform the work around these areas until such a time as the easement or permit has been secured. 3.05 LAND MONUMENTS A. The CONTRACTOR shall notify the ENGINEER of any existing Federal, State, City, County, and private land monuments encountered. Private monuments shall be preserved, or replaced by a licensed surveyor at the .CONTRACTOR's expense. When Government monuments are encountered, the CONTRACTOR shall notify the ENGINEER at least two (2) weeks in advance of the proposed construction in order that the ENGINEER will have ample opportunity to notify the proper authority and reference these monuments for later replacement. END OF SECTION Boxelder Creek Outfall - ELCO Waterline Relocation Site Conditions April 2016 01710-4 SECTION 01715 TREE, LANDSCAPE, VEGETATION, AND WETLAND PROTECTION PART1 GENERAL 1.01 SECTION INCLUDES A. The work for this section consists of protecting existing trees, landscape, we.tlands and adjacent vegetation.· The CONTRACTOR must take special care to avoid damaging existing trees and vegetation in areas that do not need to be disturbed to complete construction. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.01 SUBMITTAL REQUIREMENTS A. The CONTRACTOR shall submit a plan for on-site haul of materials prior to construction. The plans shall include points of access to and from the site and shall show a workable system of on-site haul routes that protect existing landscaped and wetland areas. This plan shall be submitted to the ENGINEER for his review and comment prior to the commencement of any work. The plan will be discussed with the CONTRACTOR to insure protection of existing vegetation, but the ENGINEER shall not dictate haul routes or construction methods to the CONTRACTOR. 3.02 CONSTRUCTION REQUIREMENTS A. Protected areas will be marked in the field, one time, by the OWNER and ENGINEER. No access of construction vehicles or workers on foot is permitted through protected areas. No material shall be stockpiled; no equipment shall be parked or repaired within these areas. B. Trees and vegetation to be saved that do not fall within the limits of protected areas shall be marked one time in the field by the OWNER and ENGINEER. The CONTRACTOR shall erect fencing if there is risk of damage caused by construction operations. Vehicular and pedestrian traffic shall be limited to performing work in areas marked. Through traffic, and stock piling of equipment and materials are not permitted within marked areas. C. No construction roads are to be created within the drop lines of any trees or other vegetation designated to be saved without approval of the ENGINEER. D. All trees which will be preserved, but are within the limits of construction, must be protected from all damage associated with construction. A sturdy, physical barrier (florescent orange in color) must be fixed in place around each tree for the duration of construction. This barrier will be placed no closer than 6 feet from the trunk, or the drip line, whichever is greater. The barrier itself must be fixed so it cannot be moved easily, but the material can be flexible, such as orange snow fence attached to T-posts driven into the ground, and must act as an effective deterrent to deliberate or accidental damage of each tree. Actual materials and location of barrier must be approved by the OWNER's representatives (i.e. Boxelder Creek Outfall - ELCO Waterline Relocation Tree, Landscape, Vegetation, and Wetland Protection April 2016 01715-1 Utilities and City Forrester) and ENGINEER. E. The movement or storage of equipment, material, debris, or fill within these required protective barriers is completely prohibited. F. Any trees damaged during construction shall be immediately repaired by an approved tree surgeon. Any tree judged by the ENGINEER to be damaged beyond repair shall be removed at the CONTRACTOR's expense. For each tree erroneously removed or damaged beyond repair, an assessment shall be immediately withheld from the CONTRACTOR's progress payments. This assessment shall be equal to the value of the tree prior to damage. This assessment shall be determined by a tree appraiser, selected by the OWNER and paid for by the CONTRACTOR. The cost for hiring the appraiser shall also be withheld from the CONTRACTOR's progress payments. In addition to the paying of the assessment, the CONTRACTOR shall replace each damaged tree per OWNER'S standards for tree mitigation. G. The CONTRACTOR shall pay an assessment if he disturbs any grasses, shrubs and/or cattails located within the protected areas. Jhe assessment shall not exceed one dollar ($1.00) per square foot of disturbance, and will be immediately withheld from the CONTRACTOR's progress payments. In addition to the paying of the assessment, the damaged vegetation shall be replaced with an equal value per square foot of damage. Replacements shall be planted in accordance with the provisions outlined in these Specifications. Damaged wetland areas shall be replaced and then seeded with a wetland seed mix in accordance with these Specifications or as directed by the ENGINEER. END OF SECTION Boxelder Creek Outfall - ELCO Waterline Relocation Tree, Landscape, Vegetation, and Wetland Protection April 2016 01715-2 SECTION 01720 FIELD ENGINEERING AND SURVEYING PART 1 GENERAL 1.01 SECTION INCLUDES A. Surveying: It shall be the responsibility of the CONTRACTOR to provide construction staking for horizontal and vertical alignment of the centerline, grading, and all appurtenant features of the work including all offset lines necessary for construction. The CONTRACTOR shall be responsible for staking the limits of construction. All construction surveying provided by the CONTRACTOR shall be completed under the supervision of a Colorado Registered Land Surveyor. The ENGINEER will provide the elevations and descriptions of the original and temporary project benchmarks. The ENGINEER will also provide two (2) additional benchmarks in a location within the limits of construction at the request of the CONTRACTOR. B. Supervision: The CONTRACTOR shall have supervision, knowledge of the project requirements and proper installation, and construction procedures, available in the field at all times that work is progressing. Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 END OF SECTION Field Engineering and Surveying 01720-1 SECTION 01745 ENVIRONMENTAL CONTROLS PART1 GENERAL 1.01 SECTION INCLUDES A. The work of this section consists of obtaining permits and providing environmental controls consistent with regulatory permits through the duration of the work required under this project. PART 2 PRODUCTS 2.01 MATERIALS A. Dust Control: Dust control agents may be necessary in addition to wetting down with water. Dust control agents may be used only after prior approval by the OWNER. PART 3 EXECUTION 3.01 Dust Control Application: A. The CONTRACTOR shall execute work by methods to minimize raising dust from construction operations. B. The CONTRACTOR shall provide and apply dust control at all times, including evenings, holidays and weekends, as required to abate dust nuisance on and about the site that is a direct result of construction activities. The use of non- approved chemicals, oil, or similar palliatives will not be allowed. Dust control agents may be used only after prior approval of the OWNER. The CONTRACTOR shall be required to provide sufficient quantities of equipment and personnel for dust control sufficient to : prevent dust nuisance on and about the site. C. The OWNER will have authority to orde~ ' dust control work whenever in its opinion it is required, and there shall be no additional cost to the OWNER. The CONTRACTOR shall be expected to maintain dust control measures effectively whether the OWNER or ENGINEER specifically orders such Work. 3.02 PRESERVATION OF NATURAL FEATURES A. Confine operations as much as possible.' Exercise special care to maintain natural surroundings in an undamaged :condition. Within the work limits, barricade trees, rock outcroppings, and natural features to be preserved. I 3.03 HOUSEKEEPING ' Boxelder Creek Outfall - ELCO Waterline Relocation Environmental Controls April 2016 01745-1 I I A. Keep project neat, orderly, and in a safe dondition at all times. Store and use equipment, tools, and materials in a manrler that does not present a hazard. Immediately remove all rubbish. Do not allow rubbish to accumulate. Provide on-site containers for collection of rubbish and dispose of it at frequent intervals during progress of work. ' 3.04 DISPOSAL A. Disposal of Waste (Unsuitable) Materials: All material determined by the ENGINEER to be waste will be disposed of in approved landfill in a manner meeting all regulations. Dispose of waste materials, legally, at public or private dumping areas. Do not bury wastes inside of the limits of construction. All costs for dump fees, permits, etc., to be borne by the CONTRACTOR. B. Disposal of Garbage and Other Construction Materials: Provide sanitary containers/dumpsters and haul away contents such that no overflow exists. C. Excess excavation shall become the property of the CONTRACTOR and shall be legally disposed of by him outside the limits of construction to an approved disposal site. Excess excavated material suitable for backfill shall not be disposed of until all backfill operations are complete. ' D. The CONTRACTOR is to immediately inform ENGINEER of any hazardous materials encountered during construction. ,Dispose of waste materials legally at private or public facilities. 1 3.05 BURNING A. No burning of debris will be permitted. 3.06 WATER CONTROL A. The project work is located within a natural prainage ' course is subject to periodic flooding due to rainfall and snowmelt, flows for adjacent developed areas and storm water pipes and ground water flowsifrom saturated soils or other ground water sources. Refer to Section 02240 ifor Water Control and Dewatering requirements. i 3.07 NOISE CONTROL I ' A. All mechanical equipment shall be equipped ' with the best available mufflers to reduce noise. The CONTRACTOR shall be responsible for obtaining any necessary permits and shall limit noise tp the permitted levels. Noise level monitoring shall be performed by the CONTRACTOR as necessary to show that the permitted levels are not being exceeded. I 3.08 PERMITS Boxelder Creek Outfall - ELCO Waterline Relocation Environmental Controls April 2016 01745-2 A. All work must be performed in accordance with all applicable regulatory permits. It shall be the responsibility of the CONTRACTOR to obtain a Groundwater Discharge ( 402) Permit from the Colorado Department of Public Health and Environment for any dewatering operations that will be discharged into any drainageways, open channels, or irrigation ditches. The CONTRACTOR shall be responsible for any testing required under the 402 Permit. B. The OWNER will obtain the following permits: 1. Corps of Engineers 404 Permit 2. Floodplain Use Permit. C. It shall be the responsibility of the CONTRACTOR to prepare and maintain a Stormwater Management Plan (SWMP). The CONTRACTOR must obtain all other applicable permits. END OF SECTION Boxelder Creek Outfall - ELCO Waterline Relocation Environmental Controls April 2016 01745-3 PART 1 GENERAL SECTION 01780 CONTRACT CLOSEOUT 1.01 SECTION INCLUDES A. The following project closeout procedure defines the responsibilities of the CONTRACTOR, OWNER, and ENGINEER in closing the project: Step 1: CONTRACTOR advises the ENGINEER in writing that he has reached "Substantial Completion" and provides a list of items to be completed or corrected. Closeout may be conducted by areas or portions of the work if requested by the OWNER. Step 2: ENGINEER inspects the work to determine if it is substantially complete, and issues a Certificate of Substantial Completion plus a "Punch List" of items to be completed or corrected. Step 3: CONTRACTOR completes and/or corrects all punch list items and notifies the ENGINEER in writing that his work is ready for final inspection. At this time, a final application for payment is submitted. Step 4: ENGINEER makes final inspection. When the work is found to be acceptable under the Contract Documents, and the Contract fully performed, the ENGINEER will issue a final Certificate of Final Completion. B. Final Paperwork: Prior to Final Payment and Acceptance, the CONTRACTOR shall deliver the following items to the ENGINEER: 1. CONTRACTOR's Two-Year Guarantee of Materials and Workmanship 2. All Guarantees, Warranties and Submittals, as specified 3. Receipts for Extra Materials Delivered to the OWNER 4. Final Application for Payment 5. Consent of Surety to Final Payment 6. CONTRACTOR's Lien Waiver 7. SUBCONTRACTOR's Lien Waivers 8. Releases from Property Owners for Special Easements 9. Project Record Documents 10. Red-lined as-built drawings (a.k.a. "Drawings of Record" or "Record Drawings") C. Definition for Substantial Completion Boxelder Creek Outfall - ELCO Waterline Relocation Contract Closeout April 2016 01780-1 1. See General Conditions D. Definition for Final Completion 1. All Work must be complete for Final Completion. END OF SECTION Boxelder Creek Outfall - ELCO Waterline Relocation April 2016 01780-2 Contract Closeout OED J X I RETENTION $None $ WORKERS COMPENSATION I ~~:TlJTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L DISEASE - EA EMPLOYEE $ g~~e~~ ~~~PERATIONS below E.L DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Following Form Primary/Underlying Policies with Liberty Mutual Fire Insurance Company: General Liability including Completed Operations Policy #TB2-641-426942-725, Elf. 10-1-2015/10-1-2016 Automobile Liability Policy #AS2-641-426942-715, Elf. 10-1-2015/10-1-2016 Employers Liability/Workers' Compensation Policy #WA2-64D-426942-735, Elf. 10-1-2015/10-1-2016 Following Form Including Blanket Additional Insured, Primary and Non-Contributory and Blanket Waiver of Subrogation as required by written contract Includes All Work and Operations Performed by insured covered by Primary/Underlying policies. See Attached ... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Collins, Colorado THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 4316 LaPorte Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Fort Collins CO 80522 AUTHORIZED REPRESENTATIVE I /e_ © 1988-2014 ACORD CORPORATION. All nghts reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD The City of Fort Collins is additional insured with regards to general liability and automobile liability, as their interest may appear, where required by written contract. Waiver of Subrogation is included in favor of the additional insured, and applies only to the specific jobs of the insured performed under written contract, and where applicable by law. •If the certificate expirntion date is continuous or extended term, you will be notified if covernge is tenninated or reduced before the certificate expiration date. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 60 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: Job #6247, Boxelder Creek Outfall Work Order 18 - ELCO Waterline Relocation !city of Fort Collins, Colorado 4316 LaPorte Avenue Fort Collins CO 80522 L Overland Park I 0448 6800 College Blvd, Suite 700 _J Overland OFFICE Park KS 66211-11 23 Liberty Mutual Insurance Group Stacy Spieker AUTHORIZED REPRESENTATIVE 913-681-1700 5/4/2016 PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07- 10