Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
109420 HYDRO CONSTRUCTION CO INC - CONTRACT - RFP - 8286 CONSTRUCTION CONTRACTOR FOR PROJECTS AT THE W (24)
FORT COLLINS UTILITIES WORK ORDER 2017 Poudre Pipeline Repairs WORK ORDER NO. BPM-WTF-8-24-17 DATE: September 11, 2017 CONTRACTOR: Hydro Construction Page 1 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 TABLE OF CONTENTS AGREEMENT FORMS 00525 Work Order & Notice of Award 00530-1 00530 Work Order Notice to Proceed 00530-1 00600 Bonds and Certificates 00600 00610 Performance Bond 00610-1 – 00610-2 00615 Payment Bond 00615-1 – 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (CONTRACTOR) 00650-1 – 00650-2 00651 Lien Waiver Release (SUBCONTRACTOR) 00651-1 – 00651-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 – 00670-2 CONDITIONS OF THE CONTRACT 00900 Addenda, Modifications and Payment 0900-1 00950 Work Order Change Order Form 00950-1 00960 Application for Payment 00960-1 - 00960-4 Page 2 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 00500 CONSTRUCTION WORK ORDER AGREEMENT FORMS 00525 Work Order, Notice of Award & Bid Schedule 00530 Work Order Notice to Proceed Page 3 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO: Hydro Construction WORK ORDER NUMBER: BPM-WTF-8-24-17 PURCHASE ORDER: TITLE: 2017 Poudre Pipeline Repairs ORIGINAL BID/RFP NUMBER & NAME: 8286, Construction Contractor for Projects at the ENGINEER: OWNER’S REPRESENTATIVE: Brian Mulligan NOTICE OF AWARD DATE: September 11, 2017 OWNER: City of Fort Collins (hereinafter referred to as OWNER) 1. WORK. You are hereby notified that your bid dated August 23, 2017, for the above Work Order has been considered. Pursuant to your AGREEMENT with OWNER dated June 20, 2016, you have been awarded a Work Order for this Work Order Description: A. See Section 01100 – Summary of Work. 2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is Twenty Seven Thousand Three Hundred and Thirty Six Dollars ($27,336.00). 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 January 31, 2018, and after Substantial Completion, the date for Final Completion is March 31, 2018. 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 January 31, 2018 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 Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. Water and Wastewater Treatment Facilities Brian Mulligan, PE Page 4 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 5. EXECUTION. Three (3) 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 September 25, 2017. A. You must deliver to OWNER three (3) 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 June 20, 2016, and the NOTICE OF AWARD dated September 11, 2017, 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: Hydro Construction By: Date: Name: Title: Page 5 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 COO 8/29/2017 Jim Eurich 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. ACCEPTANCE: Date: Brian Mulligan, Special Projects Manager REVIEWED: Date: Pat Johnson, Senior Buyer REVIEWED: Date: Mark Kempton, Water Production Manager REVIEWED: Date: Owen L. Randall, Chief Engineer ACCEPTANCE: Date: Carol Web, Water Resources & Treatment Operations Manager ACCEPTANCE: Date: Kevin Gertig, Utilities Executive Director (if greater than $1,000,000) ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) ACCEPTANCE: Date: Darin Atteberry, City Manager (if greater than $1,000,000) ATTEST: City Clerk (if greater than $1,000,000) Page 6 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 8/29/2017 8/30/2017 9/1/2017 8/30/2017 9/5/2017 Standard Estimate Report Page 1 Poudre Pipeline Presed Ga 8/23/2017 11:14 AM Project name Poudre Pipeline Presed Ga Labor rate table Labor - Bare Equipment rate table Equipment Report format Sorted by 'Structure/Group phase' 'Detail' summary Allocate addons Page 7 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 Standard Estimate Report Page 2 Poudre Pipeline Presed Ga 8/23/2017 11:14 AM Item Description Takeoff Qty Labor Amount Material Amount Subcontract Amount Name Equipment Amount Other Amount Total Amount 02 Construction 1000.000 GENERAL CONDITIONS 10 Bonds 1.00 ls - - - 0 0 14 Project Manager 2.00 wk 1,131 - - 242 76 1,449 14 Superintendent 2.00 wk 2,764 - - 242 163 3,170 14 Electric Power 0.50 mo - - - 82 82 18 Telephone Charges 0.50 mo - - - 65 65 20 Temporary Toilets 0.50 mo - - - 65 65 10 Safety 1.00 ls - 0 173 163 336 10 Fuels 1.00 ls - - - 544 544 GENERAL CONDITIONS 3,895 658 1,158 5,710 212.000 Labor hours 160.00 Equipment hours 1900.000 OWNED EQUIPMENT 10 938 Cat Loader 0.50 mo - - 660 - 660 20 ZX350 Hitachi Trackhoe 0.50 mo - - - 1,569 - 1,569 30 Compaction Wheel Trackhoe 0.50 mo - - - 43 - 43 10 Dump Truck 0.50 mo - - 436 - 436 OWNED EQUIPMENT 2,709 2,709 1.00 Labor hours 2000.000 SITEWORK 240 Demo Pipe 20.00 lf 97 - - 14 - 110 40 Site Excav & Backfill 35.00 cy 596 - - 1 - 598 5 Bedding 2.00 cy 46 - - 46 8 Slidegate 1.00 ls 843 9,495 - - 10,338 8 Blow Off Pipe & Materials 1.00 ls 386 3,805 - - 4,191 SITEWORK 1,922 13,345 15 15,282 24.73 Labor hours 3.613 Equipment hours 02 Construction 5,817 13,345 0 3,381 1,158 23,701 237.73 Labor hours 163.613 Equipment hours Estimate Totals Description Amount Totals Hours Rate Cost Basis Cost per Unit Percent of Total Labor 5,817 237.728 hrs 21.28% Material 13,345 48.82% Subcontract Equipment 3,381 163.613 hrs 12.37% Other 1,158 4.23% 23,701 23,701 86.70 Perform & Payment Bond- 1 yr. 355 Page 8 of 72 B 1.30% DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 Standard Estimate Report Page 3 Poudre Pipeline Presed Ga 8/23/2017 11:14 AM Estimate Totals 355 24,056 1.30 Profit & Overhead 3,280 12.000 % T 12.00% 3,280 27,336 12.00 Total 27,336 Page 9 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 BID SCHEDULE SECTION 00530 WORK ORDER NOTICE TO PROCEED NOTICE TO PROCEED DATE: July 10, 2017 WORK ORDER TITLE: 2017 Poudre Pipeline Repairs WORK ORDER NUMBER: BPM-WTF-8-24-17 TO: Hydro Construction Attn: Jim Eurich 301 E. Lincoln Avenue Fort Collins, CO 80524 This notice is to advise you: That the Work Order and all amendments and supplements to the Contract Documents covering the above described Work have been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance and Payment Bonds and insurance have been received by the OWNER. That the OWNER has approved the said Work Order and 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 Work Order and the AGREEMENT. The dates for Substantial Completion and Final Acceptance shall be January 31, 2018, and March 31, 2018, respectively. Dated this _____________ day of ___________, _____. CITY OF FORT COLLINS (OWNER) By: ___________________________________________ Brian Mulligan ___________________________________________ Name & Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Work Order Notice to Proceed is hereby acknowledged this _____________ day of ___________, _____. (CONTRACTOR) By: ___________________________________________ ___________________________________________ Name & Title Page 10 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00651 Lien Waiver Release (SUBCONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate Page 11 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 00610 Performance Bonds NA 00615 Payment Bonds NA Page 12 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. Page 13 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) PROJECT TITLE: 2017 Poudre Pipeline Repairs DATE OF SUBSTANTIAL COMPLETION: LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins PROJECT OR SPECIFIED PART SHALL CONTRACTOR: INCLUDE: CONTRACT DATE: The Work performed under this Work Order, pursuant to the Contract Documents, 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: __________________________ ________ PROJECT MANAGER 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 ________ By: __________________________ ________ OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: _________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Page 15 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE DATE: ________________, _____ TO: Gentlemen: You are hereby notified that on the day of , , the City of Fort Collins, Colorado, has accepted the Work completed by Hydro Construction, for the City of Fort Collins Work Order, titled 2017 Poudre Pipeline Repairs, Work Order Number BPM-WTF-8-24-17. A check is attached hereto in the amount of $ . as Final Payment for all Work done, subject to the terms of the Contract Documents, including the Work Order, which is dated , and the AGREEMENT, which is dated . In conformance with the Work Order and Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: ___________________, _____. Sincerely, City of Fort Collins OWNER By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _________________________________________ ___________________________________________ Name & Title Page 16 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Hydro Construction (CONTRACTOR) WORK ORDER TITLE: 2017 Poudre Pipeline Repairs WORK ORDER NUMBER: BPM-WTF-8-24-17 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR's Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorney fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Page 17 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 Signed this ______ day of __________, ___. CONTRACTOR: By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _____________________________ Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _________ day of __________, _____, by ________________________________________________________________. Witness my hand and official seal. My Commission Expires: ___________________________. _________________________ Notary Public Page 18 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 00650 LIEN WAIVER RELEASE (SUBCONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Hydro Construction (CONTRACTOR) WORK ORDER TITLE: 2017 Poudre Pipeline Repair WORK ORDER NUMBER: BPM-WTF-8-24-17 1. The Subcontractor acknowledges having received payment 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 attorney fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the CONTRACTOR, OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Page 19 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 Signed this ______ day of _________, ___. SUBCONTRACTOR: By: ___________________________________________ ___________________________________________ Name & Title ATTEST: _____________________________ Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _________ day of __________, _____, by __________________________________________________________________. Witness my hand and official seal. My Commission Expires: ___________________________. __________________________________ Notary Public Page 20 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Hydro Construction TITLE: 2017 Poudre Pipeline Repairs WORK ORDER NUMBER: BPM-WTF-8-24-17 CONTRACT DATE: WORK ORDER DATE: In accordance with the provisions of the Work Order and Contract between the OWNER and the CONTRACTOR as indicated above, for the Work Order titled on 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 _________ _, _____. ____________________________________________ (Surety Company) By: ________________________________________ (Name) Attorney-in-Fact ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. Page 21 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 Page 22 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 Page 23 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition, with City of Fort Collins Modifications, Rev. 9/94) and other provisions of the Contract Documents as indicated below. SC-1 DEFINITIONS 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 conditions 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 MATTERS 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 Drawings 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, Page 24 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 from OWNER; and no provision of this 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 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: None 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. City of Fort Collins, Colorado, 4316 LaPorte Avenue, Fort Collins, Colorado 80522 5.4.7.2. __________. SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the General Conditions: 5.4.8.1. Limits of Liability. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B - $100,000 / $100,000 / $500,000. For Paragraphs 5.02.A.3 and 5.02.A.5: The 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. For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). For Paragraph 5.02.B.3: This policy will include completed operations coverage / 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 Page 25 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 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 SC-6.14.3. Add the following new paragraph immediately after paragraph 6.14.2 of the General Conditions: 6.14.3. 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: 6.14.3.1. 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 of photostatic or certified copy of the designated of 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-11 CHANGE OF CONTRACT PRICE 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. Page 26 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 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: 14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in proportion to the cumulative actual Cost of the Work as a percentage of the Allowable Cost of the Work. An amount not to exceed fifteen (15%) percent of the fixed fee shall be advanced to the Contractor for mobilization in the first progress payment. Page 27 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Change Order 00960 Application for Payment Page 28 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 00950 CHANGE ORDER FORM CHANGE ORDER NO. CONTRACTOR: Hydro Construction WORK ORDER TITLE & NO. : BPM-WTF-8-24-17, 2017 Poudre Pipeline Repairs DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COSTS $ ________________ TOTAL APPROVED CHANGE ORDER(S) $ ________________ TOTAL PENDING CHANGE ORDER(S) $ ________________ TOTAL THIS CHANGE ORDER $ ________________ TOTAL % OF ORIGINAL CONTRACT, THIS CO: _______________ % TOTAL % OF ORIGINAL CONTRACT, ALL CO’S: _______________ % ADJUSTED CONTRACT COST $ ________________ (Assuming all change orders approved) ACCEPTED BY: _____________________________________ DATE: ____________ Contractor's Representative ACCEPTED BY: _____________________________________ DATE: ____________ Project Manager REVIEWED BY: _____________________________________ DATE: ____________ Title: APPROVED BY: _____________________________________ DATE: ____________ Title: APPROVED BY: _____________________________________ DATE: ____________ (Purchasing Agent if > $60,000) cc: City Clerk Architect/Engineer Finance Purchasing Project Manager Contractor Page 29 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 00960 PAYMENT APPLICATION Page 30 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: INVOICE NUMBER: PO NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract NUMBER DATE AMOUNT The present status of the account for this Contract is as follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: Page 31 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 CONTRACT AMOUNTS APPLICATION FOR PAYMENT PAGE 2 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 Page 32 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Completed Work Completed Work Completed Stored Bid This Month Previous Periods To Date Materials Total Item This Earned Percent Number Description Quantity Units Unit Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 Page 33 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 STORED MATERIALS SUMMARY PAGE 4 OF 4 On Hand Received Installed On Hand Item Invoice Previous This This This Number Number Description Application Period Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 Page 34 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 UDIVISION 1 - GENERAL REQUIREMENTS SECTION 01110 SECTION 01140 SECTION 01145 SECTION 01180 SECTION 01270 SECTION 01310 SECTION 01320 SECTION 01330 SECTION 01425 SECTION 01450 SECTION 01555 SECTION 01580 SECTION 01635 SECTION 01650 SECTION 01710 SECTION 01715 SECTION 01720 SECTION 01745 SECTION 01780 SUMMARY OF WORK CONTRACTOR’S USE OF PREMISES SPECIAL PROJECT PROCEDURES UTILITY SOURCES MEASUREMENT AND PAYMENT PROJECT MEETINGS CONSTRUCTION SCHEDULES SUBMITTALS STANDARD REFERENCES MATERIALS TESTING TRAFFIC REGULATION PROJECT SIGNS SUBSTITUTIONS AND PRODUCT OPTIONS MATERIAL DELIVERY, STORAGE, AND HANDLING SITE CONDITIONS TREE, LANDSCAPE, VEGETATION, AND WETLAND PROTECTION FIELD ENGINEERING AND SURVEYING ENVIRONMENTAL CONTROLS CONTRACT CLOSE-OUT Page 35 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 01110 SUMMARY OF WORK PART 1 GENERAL 1.1 SECTION INCLUDES A. Site location and description. B. Project description. C. Scope of work and work sequence. D. Underground utilities. 1.2 SITE LOCATION AND DESCRIPTION A. 2017 Poudre Pipeline Repair 1. The site of the work located in the Poudre River Canyon, approximately 4 miles northwest of the mouth of the canyon. The nearest major intersection is Hwy 287 and Hwy 14. 1.3 PROJECT DESCRIPTION A. 2017 Poudre Pipeline Repair 1. The project involves the repair and or replacement of a 24 inch Sluice Gate valve in the drainage basin for the presedimentation basin, as well as the repair and or replacement for a 6 inch blow off valve on the 24 inch RCP Poudre Pipeline. B. General Conditions - Provide: 1. Mobilization & Field Overhead 2. Traffic Control (By CoFC) C. Stormwater Management - Provide: 1. Erosion & Settlement Control Allowance 2. SWMP Inspections 1.4 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. 1.5 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 Page 36 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 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. END OF SECTION Page 37 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 THIS PAGE INTENTIONALLY LEFT BLANK Page 38 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 01140 CONTRACTOR’S USE OF PREMISES PART 1 GENERAL 1.1 SECTION INCLUDES A. The CONTRACTOR may use the OWNER’s property designated within the construction limits shown on the Drawings for 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. 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. 1.2 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. 1.3 SECURITY A. The CONTRACTOR shall at all times be responsible for 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 Page 39 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 01180 UTILITY SOURCES PART 1 GENERAL 1.1 SECTION INCLUDES 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 (970) 221-6700 2. Sanitary Sewer Fort Collins Utilities (970) 221-6700 3. Stormwater Fort Collins Utilities (970) 221-6700 4. Electrical Fort Collins Utilities (970) 221-6700 6. Engineering City of Fort Collins (970) 221-6605 7. Traffic City of Fort Collins (970) 221-6615 8. Gas Xcel Energy (800) 895-2999 9. Telephone Qwest (800) 573-1311 10. Cable TV Comcast (800) 266-2278 11. One-Call Utility Locates (800) 922-1987 END OF SECTION Page 40 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 01270 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.1 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. Page 41 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 01310 PROJECT MEETINGS PART 1 GENERAL 1.1 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 Page 42 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 submittal reviews, status of information requests, critical work sequencing, and review of strategies for connections into existing facilities, status of field orders and change orders, and any general business. END OF SECTION Page 43 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 01320 CONSTRUCTION SCHEDULES 1.1 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. 1.2 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. 1.3 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. 1.4 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. Page 44 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 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. 1.5 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. END OF SECTION Page 45 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 01330 SUBMITTALS PART 1 GENERAL 1.1 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. Page 46 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 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 25B, 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. Page 47 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 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. Page 48 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 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. END OF SECTION Page 49 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 01425 STANDARD REFERENCES PART 1 GENERAL 1.1 SECTION INCLUDES 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 American Association of State Highway and Transportation Officials 444 North Capital Street, N.W., Suite 225 Washington, DC 20001 ACI American Concrete Institute POB 19150 Detroit, MI 48331 ACPA American Concrete Pipe Association AISC American Iron and Steel Institute 150 East 42nd Street New York, NY 10017 AISI American Iron and Steel Institute 150 East 42nd Street New York, NY 10017 ANSI American National Standards Institute, Inc. 1430 Broadway New York, NY 10017 Page 50 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 AREMA American Railway Engineering and Maintenance-of-Way Association 8201 Corporate Drive, Suite 1125 Landover, MD 20785 ASCE American Society of Civil Engineers 345 East 47th 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 MILSPEC Military Specifications Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 Page 51 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 NIST National Institute of Standards and Technology NPC National Plumbing Code NSC National Safety Council OSHA Occupational Safety and Health Act U.S. Department of Labor Occupational and Health Administration San Francisco Regional Office 450 Golden Gate Avenue, Box 30617 PCA Portland Cement Association PCI Prestressed Concrete Institute PS Products Standards Section - U.S. Depart. of Commerce SSPC Steel Structures Painting Council SSPWC Standard Specifications for Public Works Construction Building News, Inc. 3055 Overhead Avenue Los Angeles, CA 90034 TCA Title Council of America UBC Uniform Building Code Published by ICBO UL Underwriter’s Laboratory 207 East Ohio Street Chicago, IL 60611 UMC Uniform Mechanical Code Published by ICBO UPC Uniform Plumbing Code Published by IAPMO END OF SECTION Page 52 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 01450 MATERIALS TESTING PART 1 GENERAL 1.1 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. 1.2 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 1.3 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: Page 53 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 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. 1.4 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 Page 54 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 01555 TRAFFIC REGULATION PART 1 GENERAL 1.1 SECTION INCLUDES A. Conformance: City of Fort Collins Work Area Traffic Control Handbook, Larimer County Urban Area Street Standards, Manual of Uniform Traffic Control Devices (U.S. Department of Transportation), or applicable statutory requirements of authority having jurisdiction. Fort Collins Handbook takes precedence over Manual of Uniform Traffic Control Devices. B. Operations on or about traffic areas and provisions for regulating traffic will be subject to the regulation of governmental agencies having jurisdiction over the affected areas. C. Keep traffic areas free of excavated material, construction equipment, pipe, and other materials and equipment. D. Keep fire hydrants and water control valves free from obstruction and available for use at all times. E. Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives. 1. Provide and maintain temporary access for businesses and residences. 1.2 TRAFFIC CONTROL PLAN A. The Traffic Control Plan provided by the OWNER is to be used as a guideline for the CONTRACTOR. Adjustments to the approved plan may be required by the OWNER based on actual traffic operation. B. Traffic control shall be provided by the City of Fort Collins. 1.3 FLAGMEN A. Required where necessary to provide for public safety, or the regulation of traffic, or by jurisdictional authorities. B. Shall be properly equipped and certified by American Traffic Safety Services Associations (ATSSA) and/or Colorado Contractors Association (CCA). 1.4 WARNING SIGNS AND LIGHTS A. Provide barricades and warning signs for: 1. Open trenches and other excavations. 2. Obstructions, such as material piles, equipment (moving or parked), piled Page 55 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 embankment. B. Illuminate by means of warning lights all barricades and obstructions from sunset to sunrise. C. Protect roads and driveways by effective barricades on which are placed acceptable warning signs. D. Barricades and warning signs must be acceptable to the ENGINEER. 1.5 PARKING A. The CONTRACTOR shall designate parking areas with the approval of the OWNER for the use of all construction workers and others performing work or furnishing services in connection with the project so as avoid interference with public traffic, OWNER's operations, or construction activities. 1.6 ROADWAY USAGE BETWEEN OPERATIONS A. At all times when work is not actually in progress, CONTRACTOR shall make passable and shall open to traffic such portions of the project and temporary roadways or portions thereof as may be agreed upon between CONTRACTOR and OWNER and all authorities having jurisdiction over any properties involved. END OF SECTION Page 56 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 01635 SUBSTITUTIONS AND PRODUCT OPTIONS PART 1 GENERAL 1.1 SECTION INCLUDES A. Description: 1. This section describes the procedure required by the CONTRACTOR for product substitutions. 2. Requests for Substitution: a. Base all bids on materials, equipment and procedures specified. b. Certain types of equipment and kinds of material are described in specifications by means of trade names and catalog numbers, and/or manufacturer’s names. Where this occurs, it is not intended to exclude from consideration such types of equipment and kinds of material bearing other trade names, catalog numbers and/or manufacturer’s names, capable of accomplishing purpose of types of equipment or kinds of material specifically indicated. c. Other types of equipment and kinds of material may be acceptable to the OWNER and ENGINEER. d. Types of equipment, kinds of material and methods of construction, if not specifically indicated must be approved in writing by ENGINEER and the OWNER. 3. Submission of Requests for Substitution: a. After Notice to Proceed, the OWNER/ENGINEER will consider written requests for substitutions of products, materials, systems or other items. b. The ENGINEER reserves the right to require substitute items to comply color and pattern-wise with base specified items, if necessary to secure “design intent”. c. Submit six (6) copies of request for substitution. Include in request: 1) Complete data substantiating compliance of proposed substitute with Contract Documents. 2) For products: i. Product identification, including manufacturer’s name. Page 57 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 ii. Manufacturer’s literature, marked to indicate specific model, type, size, and options to be considered: Product description; performance and test data; reference standards; difference in power demand; dimensional differences for specified unit. iii. Name and address of similar a project on which product was used, date of installation, and field performance data. 3) For construction methods: i. Detailed description of proposed method. ii. Drawings illustrating methods. 4) Itemized comparison of proposed substitution with product or method specified. 5) Data relating to changes in construction schedule. 6) Relation to separate contracts. 7) Accurate cost data on proposed substitution in comparison with product or method specified. d. In making request for substitution, or in using an approved substitute item, Supplier/Manufacturer represents: 1) He has personally investigated proposed product or method, and has determined that it is equal or superior in all respects to that specified and that it will perform function for which it is intended. 2) He will provide same guarantee for substitute item as for product or method specified. 3) He will coordinate installation of accepted substitution into work, to include building modifications if necessary, making such changes as may be required for work to be complete in all aspects. 4) He waives all claims for additional costs related to substitution which subsequently become apparent. 4. Substitutions: a. Request sufficiently in advance to avoid delay in construction. 5. CONTRACTOR’s Option: Page 58 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 a. For products specified only by reference standards, select any product meeting standards by any manufacturer, indicate selected type in submission. b. For products specified by naming several products or manufacturers, select any product and manufacturer named, indicate selected type in submission. c. For products specified by naming one or more products, but indicating option of selecting equivalent products by stating “or equivalent” after specified product, CONTRACTOR must submit request, as required for substitution, for any product not specifically named. 6. Rejection of Substitution or Optional Item: a. Substitutions and/or options will not be considered if: 1) They are indicated or implied on shop drawings, or project data submittals, without formal request submitted in accordance with this section. END OF SECTION Page 59 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 01650 MATERIAL DELIVERY, STORAGE AND HANDLING PART 1 GENERAL 1.1 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 have the bracing removed only when recommended by the pipe manufacturer. END OF SECTION Page 60 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 01710 SITE CONDITIONS PART 1 GENERAL 1.1 SECTION INCLUDES A. General: 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 2.1 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 Page 61 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 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 3.1 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. Page 62 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 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, unless otherwise provided for in these Contract Documents or ordered by the ENGINEER. 3.2 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. 3.3 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. 3.4 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 Page 63 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 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. 3.5 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 Page 64 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 01715 TREE, LANDSCAPE, VEGETATION, AND WETLAND PROTECTION PART 1 GENERAL 1.1 SECTION INCLUDES A. The work for this section consists of protecting existing trees, landscape, wetlands 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 3.1 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. 3.2 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 Page 65 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 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. 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. The 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 Page 66 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 01720 FIELD ENGINEERING AND SURVEYING PART 1 GENERAL 1.1 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. END OF SECTION Page 67 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 01745 ENVIRONMENTAL CONTROLS PART 1 GENERAL 1.1 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 2.1 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 3.1 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 order 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. 3.2 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. 3.3 HOUSEKEEPING Page 68 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 A. Keep project neat, orderly, and in a safe condition at all times. Store and use equipment, tools, and materials in a manner 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. 3.4 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. 3.5 BURNING A. No burning of debris will be permitted. 3.6 WATER CONTROL A. The project work is located within a natural drainage course is subject to periodic flooding due to rainfall and snowmelt, flows for adjacent developed areas and storm water pipes and ground water flows from saturated soils or other ground water sources. Refer to Section 02240 for Water Control and Dewatering requirements. 3.7 NOISE CONTROL 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 to the permitted levels. Noise level monitoring shall be performed by the CONTRACTOR as necessary to show that the permitted levels are not being exceeded. 3.8 PERMITS Page 69 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 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 Page 70 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 SECTION 01780 CONTRACT CLOSEOUT PART 1 GENERAL 1.1 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 Page 71 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 1. See General Conditions D. Definition for Final Completion 1. All Work must be complete for Final Completion. END OF SECTION Page 72 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170 PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 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 endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 8/28/2017 Flood and Peterson PO Box 578 Greeley CO 80632 Dana Stewart, CLCS, CIC, CISR (970)266-7149 (970)330-1867 DStewart@floodpeterson.com Hydro Construction Company Inc. 301 E Lincoln Ave Fort Collins CO 80524 Phoenix Insurance Company 25623 Travelers Indemnity Company 25658 Travelers Property Casualty Company 25674 Pinnacol Assurance 41190 Zurich American Insurance Company 16535 CL1733116969 A X X X DTCO8G990899PHX16 4/1/2017 4/1/2018 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 B X X X DT8108G990899IND17 4/1/2017 4/1/2018 1,000,000 C X X X 10,000 DTSMCUP8G990899TIL17 4/1/2017 4/1/2018 5,000,000 5,000,000 D N 2091550 4/1/2017 4/1/2018 X 1,000,000 1,000,000 1,000,000 E Builders Risk PR04012017 4/1/2017 4/1/2018 $15,000,000 Limit E Installation Floater PR04012017 4/1/2017 4/1/2018 $1,000,000 Limit Project #17-01-473, Owners project number BPM-WTF-8-24-17 2017 Poudre Pipeline Repairs Certificate holder is included as Additional Insured as required by written contract with respects to liability arising out of work performed by the named insured. N Mosbrucker CIC,CISR Fort Collins Utilities 700 Wood Street Fort Collins, CO 80521 Page 14 of 72 DocuSign Envelope ID: 207C229D-3F3D-4E73-B008-7DC679990170