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196010 COLORADO CONSTRUCTORS - CONTRACT - BID - 7078 POWER TRAIL KEENLAND DRIVE TO TRILBY ROAD
♦ Financial Services City 0 1} Purchasing Division 215 N. Mason St. 2"' Floor Box 580 Co Fllins 6rt Fo Fort Collins, CO 80522 970.221.6775 970.221.6707 Purchasing fcgov. com/purchasing SPECIFICATIONS ."� CONTRACT DOCUMENTS FOR Power Trail Keenland Drive to Trilby Road BID NO. 7078 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS October 15, 2009 - 3:00 P.M. (OUR CLOCK) 1. INTRODUCTION The primary purpose of preparing and maintaining a stormwater management plan is to improve_ the health and quality of the State's urban waterways. The preparation and maintenance of the plan will contribute to this objective by facilitating an approach to stormwater management, establishing a program of actions to be used during construction activities, and describing stormwater management controls and various Best Management Practices (BMPs) necessary to reduce erosion, sediment and pollutants in stormwater discharge. The appendices of the SWMP contain or have placeholders for documentation necessary for compliance with the permit: • Appendix A — The Stormwater Discharge Permit issued by the State of Colorado (a blank copy of the general permit is included and should be replaced with the actual permit after receipt). • Appendix B — The draft General Permit Application (contractor to complete). • Appendix C — The Site Map showing the site as well as existing and proposed grading along the trail alignment. The blank map should be copied as many times as required to prepare a constantly current site map per the permit and notes as to the locations of all BMPs, etc. The Grading and Erosion Control Plan (in the construction documents) can be utilized for general guidance for erosion and sedimentation control, but is only one snapshot in time and will not be pertinent in all phases of construction. Old copies of the map should be kept as documentation of past site conditions. • Appendix D — Contractor's Construction Schedule with notes regarding the BMPs that are in place during. certain phases and when they can be removed. • Appendix E — Disturbance Tally Sheets that should be updated whenever the area of disturbance, area of temporary. stabilization, or area of permanent stabilization changes. • Appendix F — Inspection reports (two sample reports are included — any report meeting the permit requirements may be used). Inspections are required every 14 days and after every rainfall event (see permit). If any BMPs need repair or modification after an inspection, the changes need to be made immediately and the inspection report would be a good place to document that the BMP was fixed, who repaired it, when the work was started and completed, and certification that it was completed properly. This strategy will save a separate form and keeps the information related to the inspection and the repair or modification in the same location. • Appendix G — Contractor Forms and Certifications — this section is included as a place to log training, meetings, etc. Each person that will be involved with stormwater management needs to understand the S WMP and required procedures and the Permit Holder's enforcement policy. This Appendix is a place to keep certifications for the people who have been trained (a statement that they Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit ii) The permittee must have adequate permission from the land and/or BMP owner(s) to utilize the off -site conveyances and BMPs and to ensure proper maintenance and operation. The permittee must be able to provide evidence of this agreement upon request. iii) The off -site BMPs must be operated and maintained in accordance with the SWMP(s) and must control the discharge of pollutants. It may be necessary to enter into agreements with other parties to ensure operation and maintenance of these BMPs. Regardless of who actually carries out the operation and maintenance of a BMP, all permittees who make use of the BMP to control pollutants from their construction activities remain liable if the BMP is not adequately operated and maintained. iv) All BMPs must be located prior to discharge to surface waters or municipally -owned storm sewer systems. Liability: In the above examples, to reduce liability, the developer and builder should communicate on stormwater management issues and document who will be responsible for specific BMPs (e.g., who will maintain inlet protection and implement street sweeping). If BMPs are not being adequately implemented by the party defined as responsible, the other party should take the necessary action to ensure pollutants originating from, or passing through, their permitted area are properly controlled. It is recommended that stormwater management responsibilities be addressed in contracts or other legal agreements between applicable owners and operators for construction sites where one party's actions may impact another party's permit compliance. These legal agreements will both help define roles and responsibilities at a multi owner/operator site, and also may be used to seek damages from a contractor if monetary penalties are issued to a permittee for permit violations. Example: Developer Dan sells a lot to Builder Bob. Following the procedures discussed in Section G.1.b or c, above, Builder Bob obtains separate permit coverage for his new lot, ending at the curb line. Because the site infrastructure is being utilized by several different builders at the project, Developer Dan maintains permit coverage for the streets, storm drain system, and a large retention pond that is designed and implemented as a BMP to manage pollutants from construction activities at the development (including Builder Bob's lot). In addition to the large pond, inlet protection is also being used to protect storm sewer inlets located on Developer Dan's roads, and street sweeping is occurring to control sediment tracked onto Developer Dan's roads. Builder Bob is relying on the pond, inlet protection, and street sweeping to manage pollutants from his lot, and therefore has included the BMPs in his SWMP, as discussed in Section G.2.b, above. The BMPs are also included in Developer Dan's SWMP because they are being used to control pollutants from property he still maintains control over, as discussed in Section G.2.a, above. In addition, Developer Dan and Builder Bob enter into a contract that clearly defines Developer Dan as being responsible for. implementing and maintaining the infrastructure BMPs (i.e., the pond, inlet protection, and street sweeping BMPs), and requires Builder Bob to implement additional BMPs on his. lots, such as vehicle tracking control and construction waste management. If the infrastructure BMPs are not properly operated and maintained, or discharges of sediment and/or other pollutants from Builder Bob's lot are not properly controlled and overwhelm the infrastructure BMPs, both Developer Dan and Builder Bob may be in violation of their permits. Therefore, Builder Bob and Developer Dan must both remain diligent in ensuring that conditions of their contract are being met and BMPs operated by both parties continue to be implemented in accordance with their SWMPs. H. SALE OF RESIDENCE TO HOMEOWNERS Residential lots that have been conveyed to a homeowner and that meet the specific criteria below do not ! require coverage under the Stormwater Construction Permit. In this case, the conveyed lot may be removed from coverage under the permittee's certification, and the permittee is no longer responsible for meeting the terms and conditions of this permit for the conveyed lot, including the requirement to transfer or reassign permit coverage. The permittee remains responsible for eventual inactivation of the original certification (see Part F, above). The criteria for these lots are as follows: Page 9 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit 1) The lot has been sold to the homeowner(s) for private residential use; 2) the lot is less than one acre of disturbed area; 3) all construction activity conducted by the permittee on the lot is completed; 4) a certificate of occupancy (or equivalent) has been awarded to the homeowner; and 5) the SWMP has been amended to indicate the lot is no longer covered by permit. Lots not meeting all of the above criteria require continued permit coverage. However, the permit coverage for the conveyed lot may be transferred or reassigned to a new owner or operator (see Parts F and G.1, above). I. CONSTRUCTION DEWATERING ! Construction dewatering water can NOT be discharged to surface waters or to storm sewer systems without separate permit coverage. The discharge of Construction dewatering water to the ground, under the specific conditions listed below, may be allowed by the Stormwater Construction Permit when appropriate BMPs are implemented. Two options are available for managing uncontaminated Construction Dewatering water on a construction site. Construction Dewatering water discharged from the project site, to surface waters or to storm sewer systems, is considered a process water and requires an industrial process water permit. Applications for dischargers engaged in the dewatering of uncontaminated groundwater from a construction site are available from the Division's web site or by contacting the Division (see first page for address information). Alternatively, Construction Dewatering water may be discharged to the ground if all of the following conditions are met: 1) The discharge and the BMPs are included in the SWMP; 2) Adequate BMPs are included to control stormwater pollution; 3) The discharge does not leave the site as surface runoff or to surface waters/storm sewer systems; and 4) The groundwater being pumped is not contaminated so as to exceed State groundwater standards. If the above conditions are not met, a separate permit (see above) is needed for discharges to the ground and/or surface waters. Further information concerning Construction Dewatering, including what constitutes contamination of groundwater, can be found in the Stormwater Construction Permit and Rationale. These documents and others can be obtained from the Division's web site or by contacting the Division (see first page for address information). J. CONCRETE WASHOUT } Concrete Washout water can NOT be discharged to surface waters or to storm sewer systems without separate permit coverage. The discharge of Concrete Washout water to the ground, under the specific conditions listed below, may be allowed by the Stormwater Construction Permit when appropriate BMPs are implemented. Concrete Washout water from washing of tools and concrete mixer chutes may be discharged to the ground if all of the following conditions are met: 1) The source is identified in the SWMP; 2) Adequate BMPs are included in the SWMP to prevent pollution of groundwater; and 3) These discharges do not leave the site as surface runoff or to surface waters/storm sewer systems. The use of the washout site should be temporary (less than 1 year), and the washout site should be not be located in an area where shallow groundwater may be present, such as near natural drainages; springs, or wetlands. Concrete washout water must not be discharged to state surface waters or to storm sewer systems. Also, on -site permanent disposal of concrete washout waste is not authorized by this permit. Further information concerning Concrete Washout can be found in the Stormwater Construction Permit and Rationale. These documents can be obtained from the Division's web site or by contacting the Division (see first page for address). Page 10 of 10 Revised 7/07 . APPENDIX K SOIL INFORMATION Soil Map—Larimer County Area, Colorado (Power Trail) 40° W 59' 40° 30 59" 4e3&v Pi[-"' _.,i ......K:.sew:-rr,•:_.;'t-n�:,n^.e:,�,a,r--•t,:.. .. .:>rm=..- - 40° 29' 34" �. 29. 495000 495300 495600 495900 496200 496500 496800 'v Map Scale: 1:12,500 if printed on A size (8.5" x 11") sheet. N N Meters o 0 100 200 400 600 Feet 0 450 900 1,800 2,700 USDA Natural Resources Web Soil Survey 8/27/2009 Conservation Service National Cooperative Soil Survey Page 1 of 3 MAP LEGEND Area of Interest (A01) Area of Interest (AOI) Soils 0 Soil Map Units Special Point Features U Blowout ® Borrow Pit X. Clay Spot ♦ Closed Depression X . Gravel Pit Gravelly Spot Landfill A Lava Flow 41& , Marsh or swamp R Mine or Quarry O Miscellaneous Water O+ Perennial Water v Rock Outcrop t Saline Spot Sandy Spot Severely Eroded Spot p Sinkhole Slide or Slip 0 Sodic Spot n Spoil Area Q Stony Spot Soil Map—Larimer County Area, Colorado (Power Trail) MAP INFORMATION Very Stony Spot Map Scale: 1:12,500 if printed on A size (8.5" x 11 ") sheet. y Wet Spot The soil surveys that comprise your AOI were mapped at 1:24,000. Other Please rely on the bar scale on each map sheet for• accurate map Special Line Features measurements. ��'v Gully Source of Map: Natural Resources Conservation Service Short Steep Slope Web Soil Survey URL: http://websoilsurvey.nres.usda.gov Coordinate System: UTM Zone 13N NAD83 Other This product is generated from the USDA-NRCS certified data as of Political Features the version date(s) listed below. p Cities Soil Survey Area: Larimer County Area, Colorado Water Features Survey Area Data: Version 7, May 1, 2009 Oceans Date(s) aerial images were photographed: 8/6/2005 Streams and Canals The orthophoto or other base map on which the soil lines were Transportation compiled and digitized probably differs from the background Rails imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. ry Interstate Highways h. US Routes Major Roads Local Roads USDA Natural Resources Conservation Service Web Soil Survey 8/27/2009 National Cooperative Soil Survey Page 2 of 3 Soil Map-Larimer County Area, Colorado Map Unit Legend Power Trail Canmer C' ounty,Areaj Colorado (CO644) Map Unit Symbol , . Map,Untt Name Acresin AOI Percent of AO1 .. . _.. 5 Aquepts, loamy 11.1 5.7% 34 Fort Collins loam, 0 to 1 percent slopes 11.3 5.7% 35 Fort Collins loam, 1 to 3 percent slopes 4.5 2.3% 36 Fort Collins loam, 3 to 5 percent slopes 19.5 9.9% 37 Fort Collins loam, 5 to 9 percent slopes 4.0 2.0% 48 Heldt clay loam, 0 to 3 percent slopes 4.5 2.3% 55 Kim loam, 5 to 9 percent slopes 18.0 9.2% 63 Longmont day, 0 to 3 percent slopes 19.2 9.7% 74 Nunn clay loam, 1 to 3 percent slopes 35.1 17.9% 76 Nunn clay loam, wet, 1 to 3 percent slopes 13.1 6.7% 79 Otero sandy loam, 5 to 9 percent slopes 5.8 2.9% 90 Renohill clay loam, 3 to 9 percent slopes 3.7 1.9% 103 Stoneham loam, 5 to.9 percent slopes 44.6 22.7% 106 Tassel sandy loam, 3 to 25 percent slopes 2.4 1.2% Totals for Area of Interest 196.9 100.0% USDA Natural Resources Web Soil Survey 8/27/2009 Conservation Service National Cooperative Soil Survey Page 3 of 3 Hydrologic Soil Group—Larimer County Area, Colorado (Power Trail) 40° 30' 59" 40° 30' 59" 40° 29 34" ..m.., s..:m:a*w:xw3.•� :�n:r+•` - '+.ws' .:�3^'c5.6�s CS ^.?:<. t i h-'.s'' ~~ 40° 29 34" 495000 495300 495600 495900 496200 496500 496800 A Map Scale: 1:12,500 d printed on A size (8.5" x 11 ") sheet. 6 N Meters n 0 100 200 400 600 0 Feet W 0 450 900 1,800 2,700 1%SDA Natural Resources Web Soil Survey 8/27/2009 Conservation Service National Cooperative Soil Survey Page 1 of 4 Hydrologic Soil Group—Larimer County Area, Colorado (Power Trail) MAP LEGEND MAP INFORMATION Area of Interest (AOI) Map Scale: 1:12,500 if printed on A size (8.5" x 11 ") sheet. Area of Interest (AOI) The soil surveys that comprise your A01 were mapped at 1:24,000. Solis Please rely on the bar scale on each map sheet for accurate map M Soil Map Units measurements. Soil Ratings Source of Map: Natural Resources Conservation Service M A Web Soil Survey URL: http://websoilsurvey.nres.usda.gov ED AID Coordinate System: UTM Zone 13N NAD83 B This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. a BID Soil Survey Area: Larimer County Area, Colorado 0 C Survey Area Data: Version 7, May 1, 2009 CID Date(s) aerial images were photographed: 8/6/2005 0 D The orthophoto or other base map on which the soil lines were Not rated or not available compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting Political Features of map unit boundaries may be evident. 0 Cities Water Features Oceans Streams and Canals Transportation wcsn Rails ry Interstate Highways US Routes Major Roads N nzL6i Local Roads USDA Natural Resources Web Soil Survey 8/27/2009 "am Conservation Service Natior- —ooperative Soil Survey Page " Hydrologic Soil Group—Larimer County Area, Colorado Hydrologic Soil Group Power Trail Hydrologic Soil Group==Summary by Map Umt = Lanmer County;Area Colorado ' oil , Map unit symbol Map:unrt name Rating . Acres,in AOI Percent of:AO1 :. 5 Aquepts, loamy D 11.1 5.7% 34 Fort Collins loam, 0 to 1 percent B 11.3 5.7% slopes 35 Fort Collins loam, 1 to 3 percent B 4.5 2.3% slopes 36 Fort Collins loam, 3 to 5 percent B 19.5 9.9% slopes 37 Fort Collins loam, 5 to 9 percent B 4.0 2.0% slopes 48 Heldt clay loam, 0 to 3 percent C 4.5 2.3% slopes 55 Kim loam, 5 to 9 percent slopes B 18.0 9.2% 63 Longmont clay, 0 to 3 percent C 19.2 9.7% slopes 74 Nunn clay loam, 1 to 3 percent C 35.1 17.9% slopes 76 Nunn day loam, wet, 1 to 3 C 13.1 6.7% percent slopes 79 Otero sandy loam, 5 to 9 B 5.8 2.9% percent slopes 90 Renohill clay loam, 3 to 9 C 3.7 1.9% percent slopes 103 Stoneham loam, 5 to 9 percent B 44.6 22.7% slopes 106 Tassel sandy loam, 3 to 25 D 2.4 1 2% percent slopes Totals for Area of Interest 196.9 100.0% Natural Resources Web Soil Survey 8/27/2009 Conservation Service National Cooperative Soil Survey Page 3 of 4 Hydrologic Soil Group—Larimer County Area, Colorado Description Hydrologic soil groups -are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long -duration storms. The soils in the United States are assigned to four groups (A, B, C, and D) and three dual classes (A/D, B/D, and C/D). The groups are defined as follows: Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a high water table, soils that.have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to a dual hydrologic group (A/D, B/D, or C/D), the first letter is for drained areas and the second is for undrained areas. Only the soils that in their natural condition are in group D are assigned to dual classes. Rating Options Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie -break Rule: Lower Power Trail USDA Natural Resources Web Soil Survey 8/27/2009 am- Conservation Service National Cooperative Soil Survey Page 4 of 4 understand the SWMP, enforcement policy, etc.) This can also be where training meeting notes and attendance sheets can be kept (it is suggested that a portions of a regular safety meeting include stormwater management training and updates). An emergency contact list for the contractor and all sub -contractors should be included in this location and at the construction trailer. • Appendix H — BMP Details — this includes details of BMPs used with the project. The BMPs currently included are those related to soil erosion and sedimentation. Details that may need to be added or modified include confinement/containment details (dumpsters, tanks, pools, etc,), spill cleanup materials, etc. • Appendix I — CDPHE Forms includes blank forms that may be required at some point while the permit is active. Most importantly, the Inactivity Notice is included for your use after the site is finally stabilized to effectively end the permit. • Appendix J — Stormwater Facts Sheet — this has been included and provides clarification from the State on questions that may arise during construction. Any other pertinent reference documents can be kept in this Appendix. • Appendix K — Soil information — this is the soils map for the site provided by NRCS. 2. SITE DESCRIPTION Power Trail is located in the Southeast Quarter of Section 6 and the Northwest and Southwest Quarter of Section 7, Township 6 North, Range 69 West of the 6`h PM in the City of Fort Collins and County of Larimer, Colorado (Latitude 40°30' 18" Longitude 105°02'58"). The site is bounded on.the east by the Union Pacific Railroad, on the north by Keenland Drive, on the south by Trilby Road, and on the west by the Southridge golf club (Southridge Greens Blvd). Please refer below for the Vicinity Map. There are currently no existing structures on the site. This construction project will connect the sidewalk ending at Keenland Drive to the sidewalk along the north side of Trilby Road with a 10 foot multi -use concrete trail. 9 City -of- - F6rt Collins PurcM1asinq ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Financial Services _ Purchasing Division. 215 N. Mason St: 2"' Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing Description of.RFP 7078: Power Trail Keenland Drive to Trilby Road OPENING DATE: 3:00 P.M. (Our Clock) October 15, 2009 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. CLARIFICATIONS: 1. Entire alignment of the 7,379 LF concrete trail is not shown on the plan sheet set but the digital alignment is available for the alignment surveying. ATTACHMENTS 1. Plan Sheet Set — Dated 5/13/09 and 8/5/09 (4 sheets), replace with Plan Sheet Set - Dated 4/16/09 and 9/11/09 (6 sheets) Please contact John D. Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. where renewal is a way of life a POWER TRAIL KEENLAND DRIVE TO TRILBY ROAD CITY OF FORT COLLINS SEPTEMBER 2009 HA M NY A �o KEENLAND �£ DRIVE 'o�°�� 4 M atCh k i FOSSIL 50UTHRIN GOLF CLUB CREEK PARK POWER TRAIL E TRILBY ROAD vicinity map S..I.:NTSIT - INDEX OF SHEETS SH tN.. D...rbt--SH. 1 ........................... C.— S- 2.4 ........................ T—I Pl.n 6 P-1. 1. 5 ......_._................ B'Sm.w.1K C«.n..al=n B.._._._._._._._......... F...ne.sl.n Pl.n LEGEND Jyv� own �unw,ue,..rr,.uv OWNER / CONSTRUCTION SITE OPERATOR mt y. Fes. P.—Pl. .rK P . n. D...lep,rni 215N..o.i5 C,t Fera Co 121., Gol...a. 80622 PN. BT0.22 —u K Cnncecc: Cr e1M Kin Nnp CALL OLITY NOTIFICATION CENTER a COLORADO 811 == w....o..N N.K. ial.) m'.� a mw..ee a �n. •iaa u. w a.nw+'a w+N�ela. �e �.aµa n'•'vM�v.e �w� w.d.•e•�w.e 7ty Mff w.+.•o.timw POWER TRAIL KEENLAND DR. - TRILBY R0, COVER SHEET f ]N/EAE 1 1 POWER TRAIL • KEENLAND DRIVE ACCESS RAMP 4 1°'PRPq , A , SE B.N. RAkkO V . . .. .... .... r, 2o To c I -LE: I "ams. Py —CREJE IN —l- 2 — —TS W MNTTR 1. CENTER _ CW� — TO :� U CUT 3 -- ., M E , 1.—TO — MPICI. B_T� — —.— YT�, TO MMM -Al — ITT"L , 6 C_M MCBCRFICITCC.I""' B. FCTM WORKTO BE—BOKO BY C.T; 4,11 PE"XCK POWER TRAIL TYPICAL SECTION NOT TO -AU NRIti C, ty Cf P WER TRAIL KEENLAND DR. - TRILBY RD. KEENLAND DRIVE ACCESS RAMP 09/11/09 N/A POWER TRAIL - MAIL CREEK DITCH CROSSING PROPOSED TRAIL FENCE PROPOSED 4' (BY OTHERS) PEDESTRIAN GATE (BY OTHERS) P.RP.A. EASEMENT PROPOSED 10' EXISTING DITCH FIELD GATE SYPHON ABUTMENTS BY OTHERS) PRO'.) STRIAN GATE (ED BY OTHERS) PROPOSED 10' FIELD GATE (BY OTHERS) PROPOSED TRAIL FENCE (By OTHERS) " ".� CREEK DITC I-' 4, .1 , SCALC V Z� " ,PROPOSED 10' .65' BRIDGE FOUNDATION PLAN SEE SHEET Sl - - - ----- --- - m gm, POWER TRAIL KEENLAND DR. TRILBY RD. MAIL CREEK DITCH CROSSING 09/11/09 N/A POWER TRAIL - RCP DITCH CROSSING EASEMENT TRAIL FENCE —7 cc --------------- ------- - - - V--- ------- - - - - - - - - - - - - - - DUALL DITCH PROPOSED 36'. 16' RCP RAIL ROAD R.O.W. (TYPJ PROP( W/ FLARED END SECTIONS NVERT 36A 10 1 20 40 LIMITS OF DISTURBANCE (TYP) SCALE 1 20 2. HORILDNIAL SCALE: I'-" VERTICAL -A..1 1 - - I - City of POWER TRAIL KEENLANO OR - TRILBY RD. RCP DITCH CROSSING OB/I t/09 4 POWER TRAIL • 8' SIDEWALK CONNECTION — — _ 7 r------------------ 10' BIKE TRAIL BROWN COLORED) -- LIMITS OF DISTURBANCE (TYP) — _ 1 H ' — — — / 1 IT 1 1 RAIL ROAD R.O.W. (TYP.) 4f PROPOSED B' SIDEWALK CONNECTION (GRAY COLORED) J If LIMITS OF DISTURBANCE (TYP)�/; , I I , ' 1 1 1 EXISTING 6' SIDEWALK W/ CURB k GUTTER COMMOAM11cerolDEs colli RCURB�OV11"slo RINO enowMeo�Fnueroaeaeeroxueun TOREPL roREPIACE I 1 1 - EXISTING EVERGREEN TREE 1 ' -_ _ _________________ z6) _________ __-_____ 16 WOE CONSTRUCTION ___ ___________ _ SCALE: 1'-10 ACCESS POINT _- SOUTHRIDGE GREENS BLVD. a�a�a xcl.. xo. w w .ram wan/xxx OaI. City of POWER TRAIL KEENLAND DR. - TRILBY RD. 8' SIDEWALK CONNECTION o.. 09/11 /09D 779 N/A hrwruol ur nee. aun pia ear aaoae cwaanmN e. oow Nor�•.ean ���� u°acen .�wso reaprorM ro...wro encwurr», Mbu m MO m CY rew oRY. siwom run rp oerY. ARM m ae m fY reF [mree ArrreM rLAn re.OeTY. 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JMX LENGTH *1 M K WNAT'T PROPERTIES O ,onto � e O Rn R) YV9!!i) � ���� O ref eerLL H'4 MlotKN lYple! • 1p W NOTE.• * MK LENGTW . FNISWED GRADE TO UPPER CUTTNG BLADE MNMJ'I OF 50% OF PIER. TO BE OBSERAD BT GEOIEQNIOAL EW, EER DIA3@G MTALLATKK NSTALLATION TORTE WALL BE MONITORED TWROIGNOUT WELD( PIER ADVMIOB'IENi, ALL VELIX PIER FTlbATIONS WNALL BE ADVANCED UITIL NE NBTALLATION TORTE MEET. OR DCE" THAT WJ COFaMOPC lD. TO"RECZ"IDOED ALLOWABLE LOAD TMEW I . 11 WEE GENERAL NOTE. FOR MLFE W OR1ATION. City of Fort Collins Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing SPECIFICATIONS AND 'CONTRACT DOCUMENTS FOR Power Trail Keenland Drive to Trilby Road BID NO. 7078 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS October 15, 2009 — 3:00 P.M. (OUR CLOCK) CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430. Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1-.00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 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 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS SOILS REPORT SECTION 00020 INVITATION TO BID Rev 10i20i07 Section 00020 Page 2 O � � DRIVEKEENLAND S. f Ca FOSSIL t. + -CREEK PARK' 1 POWER 1 TRAIL�-. • LOCA'I'1O MAP BCA=: WM The anticipated sequence of construction shall progress as follows: 1) Installation of perimeter erosion and sediment control measures (other measures as required for the permit will be constructed throughout) 2) Clearing, stripping and grading 3) Sub -grade preparation for the trail 4) Pour concrete trail 5) Final grading and landscaping. All disturbed ground will be impervious (concrete) or seeded,and mulched to stabilize the site. SECTION 00020 INVITATION TO BID Date: September 24, 2009 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on October 15, 2009, for the Power Trail - Keenland Drive to Trilby Road; BID NO. 7078. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 8052.4. If mailed, the mailing address is P. 0. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 7078 Power Trail - Keenland Drive to Trilby Road. The.contract documents provide for construction of new 10' wide colored concrete trail, installation of 36" RCP culvert pipe, installation of a 65' Pedestrian Bridge with helical pier abutments, hydro - seeding, and restoration for any areas disturbed during construction.. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Questions concerning the'scope of the project should be directed to Project Manager Craig Kisling; Project Manager (970) 221-6367, ckisling@fcgov.com. Questions regarding submittal or bid process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer (970) 221-6777, jstephen@fcgov.com. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 a.m., on October 6, 2009, at Training room 215 N. Mason, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at: • City of Fort Collins BuySpeed: https://secure2.fcgov.com/bso/login.jsp Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. Rev10/20/07 Section 00020 Page 1 The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising.from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions -to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By James B. O'Neill,,II, CPPO, FNIGP Purchasing & Risk Management Director Rev 10/20/07 Section 00020 Page 2 SECTION 00100 INSTRUCTIONS TO BIDDERS SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have, the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to .conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Rev 10/20/07 Section 00100 Page 1 Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether.the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the .use of the subject of the contract, and (9) any other circumstances,which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study, and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Rev10/20/07 Section 00100 Page 2 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued .to modify the Bidding Documents. as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must* be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The.required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. Rev10/20/07 Section 00100 Page 3 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement The procedure for submittal of any such application by .CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list`of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent .successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against, whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by.the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of SUMS. Rev 10/20/07 Section 00100 Page 4 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. .Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under .his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or _in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, -the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and Rev 10/20/07 Section 00100 Page 5 will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS -OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of. the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. Revlp/20/07 Section 00100 Page 6 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish, the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the.lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings .with appropriate identification. 20.0 TAXES. Rev10/20/07 Section 00100 Page 7 The construction will impact approximately 6.4 acres of the 6.4 acre site. Approximately 2.8 acres of land will undergo grading and trail construction (concrete pour). Construction staging will take place east of the existing edge of pavement at Keenland Drive. All runoff will follow existing flow paths. The site has been mapped by the NRCS and the information is included in Appendix K. There are multiple soils on site including Fort Collins loam (HSG B), Heldt clay loam (HSG C), Kim loam (HSG B), Longmont clay loam (HSG C), Nunn clay loam (HSG B), and Stoneham loam (HSG B). The entire site is currently established with existing vegetation. The existing vegetation consists of natural grasses and shrubs with approximately 95% coverage. . No known sources of pollution currently exist on this site. Potential pollutant sources brought onto the site during construction will be discussed (along with spill prevention) below. There are no anticipated non-stormwater components of discharge with this project. The receiving waters for this area are Mail Creek Ditch for the northern quarter of the site and Fossil Creek for the remainder of the site. Ultimately, all runoff along the trail drains to Fossil Creek Reservoir. No portion of the site is in a FEMA floodplain. A 404 Permit from the Corps of Engineers has not been required. No other known permits related to stormwater are known. 3. STORMWATER MANAGEMENT CONTROLS A. SWMP Administrator The Local Contact and SWMP Administrator is with phone The SWMP Administrator will be responsible for developing, implementing, maintaining, and revising the SWMP and will also be responsible for required inspections and coordinating and documenting changes or repairs resulting from inspections. The SWMP Administrator (or his designee ) will be responsible for the training and enforcement aspects of the SWMP and he is the first point of contact for any stormwater issues. In his absence, with phone . The Permit Holder is phone The property owner is City of Fort Collins, contact Craig Kisling (970) 221-6367. The following persons are going to be involved with the implementation of the SWMP during construction and are named below. Operators, supervisors, laborers, and trade 4 OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized.signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION Rev10/20/07 Section 00100 Page 8 SECTION 00300 BID FORM 5 6. .7. . ._ _. Place Date ..�J; :�ieT 09 In.. compliance .with your . Invitation to . Bid dated _.�P�) . Z� , . 20t_y..and subject ... to all-. conditions thereof, — -th—e undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby -proposes to furnish and do everything required ,by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. The ..undersigned Bidder. does hereby declare and stipulatethat this proposal is made in good faith, without collusion or connection with any other. person or persons :Bidding for the same Work, and that.it..is made in. pursuance of and subject to all the. terms and conditions of .the Invitation, to- Bid -and Instructions to Bidders, the Agreement,. the detailed Specifications, and the Drawings pertaining to the :Work to be done, all of which have been examined by the undersigned. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of �o ($ S`'%d ) in accordance with the Invitation To Bid and Instructions to Bidders. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written.notice of the.. -award of the contract isdelivered to him at the address given. on this Bid. The name and address of the corporate surety with which the Bidder proposesT�to;,furnish the speci-fied performance and payment bonds is as follows:G-_rAPP 2.Q�'s M VT;W 90-a ") 1Z DesMarn�s j All the various phases of Work enumerated in the Contract .Documents with their:inndividual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, .irrespective of whether it is named in said list. Payment forWorkperformed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. The undersigned. Bidder hereby .acknowledges receipt of Addenda -No. through 3 Rev 10/20/07 Section.00300 Page 1 8. BID SCHEDULE Project: 7078 Power Trail - Keenland Drive to Trilby Road BID SCHEDULE (BASE BID). Bid items are described in. Section 01800.... BID_ - ESTIMATED UNIT ITEM ITEM # DESCRIPTION QUANTITY UNIT PRICE TOTAL 1 Mobilization 1.00 LS t)-7� �� S 2 Surveying 1.00 LS 3 7: G0=. 3 Erosion Control .: 1.06" LS 4 Traffic Control 1.00 LS ' 00 5 Temporary Fence - Limits of disturbance 1.00 LS '1 3, 71-0 L40 6 Clear & Grub 1.00 LS C) ZU QO 7 Unclassified Excavation 1,296.30 CY 3 t! 8 Borrow ABC Class 5!6 (C.LP.) 715.00 TON'�- l o V .7 So 9 5" Colored Concrete Paving 73,790.00 SF 7p Q c Ga 10 5" Concrete Paving 1,144.00 SF 11 36" RCP Culvert - (C,LP.) 16.00 LF Qo 12 36" RCP Culvert F.E.S. (C.LP.) 2.00 EA Li Go 3 c GO I ( G 13 65-Foot Pedestrian Prefabricated Bridge 1.00 EA 14 Pedestrian Bridge Abutment w! Helix pier system 2.00. Ea�Q� 15 Landscape Restoration 30,488.00 SF �'�- 3 16 Drill Seeding wl Hydro -Mulch 30,4880 SF a� o TOTAL OF BASE BID I (t24Vt%Q-CCA 4GVC�CUsn 1 wo 0 V Y% c-t �i XT„ n e �o IQ rs S r X y E►I V- CeA_T Rev10/20/07 Section 00300 Page 2 9. PRICES The foregoing prices .shall include all labor, materials, transportation, shoring,. removal, dewatering, overhead, profit, insurance, etc_.,_ to cover the complete Work in place of the several kinds -called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change - - g quantities. at his sole .discretion without affectingthe Agreement or prices of_any item so long as the deletion or change does not exceed twenty-five percent-(25%)_ of the total Agreement. Price'.. RESPECTFULLY SUBMITTED: ✓' CONTRACTOR BY: CCf_kN L r CEO ocl Sigriatu Date Title License;Number (If Applicable) (Seal.- if Bid is by corporation) Attest: /NN�y�c. Address bOdd 1Y, 1-:,f-z:,al�,A Z Telephone Email C • Lp nc,Q Cc5 1 o cr.��„�h� rYA a cS i �c ca n, Rev10/20/07 Section 00300 Page 3 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors SECTION 00410 Rev 10/20/07 Section 00410 Page 1 BID BOND KNOW ALLcMEN BY THESE PRESENTS: that we, the undersigned Colorado Constructors. Inc. as Principal, ,and"as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ Five Percent' for the payment. of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. ,THS' CONDITION: of this obligation is such that whereas the Principal has submit4t^�d; to ...the City of Fort Collins, .Colorado the accompanying Bid and hereby .?made. a part hereof to enter into a Construction Agreement for the cons of Fort Collins Project, 7078 Power Trail - Keenland Drive to NOW THEREFORE, 1f�said Bid shall be rejected, or (b) If said Bid shall be accepted.and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and' shall furnish'' a BOND for, bis; faithful performance of said Contract, -and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall'be void; otherwise the same shall remain in force and effect, it being -expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates. and agrees that the obligations of said Surety and its BOND shall be in no way. impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension.. Surety Companies executing bonds must be authorized 'to transact business in the State of Colorado and be accepted by the OWNER. "Employers Mutual Casualty Company ""of the Amount Bid (5%) Rev 10/20/07 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have-- hereunto set their hands and seals this ' 15th ' day of October 2009, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Colorado Constructors, Inc. SEECT; Mis IN.- =M MT-W-MV31 Denver, CO 80221 By,,: Title: ATTEST: By: f alp SURETY Employers Mutual Casualty Company P.O. Box 712 Des Moines, A 50306 By: Ti- le: IfriffbAv McGon D y-In-:Fadt&1". (SEAL) Rev I MOW Section 00410 Page 3 _?� , ,,-,:, � ,,,,X�,.,".�.,-;_, ,,,,� :�-. �, _ M` s:' u.r. ,an..:� ce -. . . 0. :.M .7* ..e ....�.�§ ,,;.,.. .-.. �� .:`..._ , � I .- .�,�.i , ..' ..". ..,, �- �.. .. � ..1 Y, , 2.3 ;�. .� �.... �. ., - , .;. �;,.;, , %. .- --', _ ,L� � i � � , I .. ., , I ,l�h' N6651 D;�43 ,N�,�-ia,a,f 0.Box.M -DeSoln&t. IA,50306-0712 4M",t CERTIFICATE - P.AUTHORlf, .jNQIVIDU—ATTORNEYIN FACT X; NOW ALL tNBY-THESE,PRESENTS, !that ,; /i�EOR.PYPmEmutul.casualty,Company, Atows .&&�6rztio5 ba ota Fire'Insutance:Como66�,'a-North_-)�bt�",oip6raii� I V"fMCASCWns�a#Fo1dOMPEPW�,10 A�6rpqrouon6Ek�rb6iC�W,Company, an 1owaipoiiiion,': 1_-. ,,bi6h.th ra; ce Conpny f Providence,opI wa orporationCorporation , f i.. �m.1on u ua fnsurnce.dproppy,.powa�. 1 I. &1lHh6i§!EMCASCQInsurance Company, an 66rpoiition . h� severally br-'6fOfretd,,qs,�6anya�&6... ,.0as,"CompanifsI,each,does, by these presents k6o tut andapppt'� Z,-, MARWkC4IA 1,CDAV_.-MCK- kk0.q.n PU I117�Myv vauulILC, JUNALU -rLttJ -LVRltI A'LU_-_ JiLYNN%OUEA.'. J.LA17ARULO,.J.RRICHARDS,.MASWE13ART;6b , WRICH.A INDIVIDUALLY, DENY ;bLEMAD. - I ue7and lawful-atarhijn-fkt�Q_hJUW0oWer:and,aUth� �conferred16'sih, seal and executeits lawfultords Underta ids,an&other'obligatdy instrument; iir'WtufeRas,f6ti6ws- �_,-, :T } ANY AND ALL BONDS f&6d'666h CkPqnythereby ,?s:fully and to the same extent as,ifuch instrum6-tswere signed authbrit6d:pfficets of each such -'dOarw:and 6cfs6f�4&bfi64,,prsUantff6,t6authority-herP . -v:en are herebyratified and.nfirmed a adtRo hyKereb"granh6d shalt expire APRIL,1612: unlesssooner revoked .xA_1AUTHORITYfRT0WEROf ATTORNEY 4", �''"e I .P0 Pdw&of -AftohI ismade and bxqted �pusuaht,Ao an ,bytheauthortyiof the 616wngresolution 4:the BoardsofDitctorsofeachof th6;Cdpa-es �16fi.scheduled 6eting of eac, coMb6hWy:6llb&archeld in 1999A-. ;OLVEY'Tfi&'Pesldent*d Chief Eiecutiv& Offic&,'any ice Pie§identthe Th�86rerafi8:6Secretayof Employq1lsMutual CasU6ftyComoqhy,shall:have.p 46tfiorty'to'(1)6ppointAttompys-n6 t.and-authorzet '' executeon behalf 'of, ,each Company and attach, the -seal 'bf,the "Company thereto `;bondsI ��,.`-,,��-*��I,�it,1`1II�"!�i�,�.I��Z,;,.��6."*;, ki.'.' 6. i, ""I.-1�'';. dances an6.'ek :contracts ,�-�_'-�b:. :.",n�.,"",,?-j*�it.r,�.,,-a... ci:it:.;�.,�§,`# f indemnity nd em,.p'.� !. t70�'y.�,,: FJ.n ' they h 1,,6'e;, lrwritings y r....�: ,,t_: i,z., '-r-.' gI�I ,...;. ..'.. ... I s .�.,, o*,:- b, � l�,.�ig,,".- a... t,�.,..:.:.,. o ./.I... -...., y 7 ..i n._t h.�e....1...':.i.... ... ,...a t.I, .u.r...e., . .. t_./.IhI.:' ..eII.I:I ..�* .�re.��1. :..':o:f1_:;1.�', a'n EAi )-*�,-t�' 'o"- �i��:..P i6 .:-o .,v e I,nI..: .,..1� �y.. ... :'. .P,� ,.:'. 1� s1:jI: -*u.,-1",, ._-_.::...p .. ::....l:�;:o:. ' .'.', �*." ..,...4' ._� ."a I . .,:`" i.. �..'%.ft1��; .-,. .�, ,. �-� .i.'6�_- m,�,'Z,� L ., 1� ....'e�,".I�.'1J...'',' y�---.. -I.' l.,'�,. :......II�1".' , .'' ..."I1.::..n�- -.,, f. g, d. .-:.-. ..."...I;. . ...��.,t ` ,.�- .o.� "- .k. t 1, � :any --,I v: .o;.-�., 'y`,. .'. ,� .. ;.�'4�-, �:.. l..1, m. . �.,�-�_� - "I —i-, - -t -"-, '. e � � �I ,-- !.� . ,/.4�. W- 6�!, 0 '.�W� �,h. ":,�1 ."_ d � : , , ., ., . ,.,._ F_�,_1, 1v-1 I, 1 -�-- - .,.�. ,6 )c66r�afid.ai. Iorfty,gyen,t6 him' or.her.Aft6�h6ys-ih-f6ct shall havebower and authority, subject t Ahe.ter sn .l1n.Ia!oqsfthepoweof 6brjJssded 16j KecUteand,deliV&:bn,behalf 6f. the ;66mpany and attach he sealof the Cc pany thereto, bon sane akings,6pfqgnizArqpscontracts ofind"mnit y rWdtings6blI�atbyinJhe,filature AhObof`ar.Ahysuch instrument ieniexe66ted:b any such attorney -1 factshall '6IqllaM a11rspects binding 0066 th&Cor ; ,�- c 1 :. 'l ifbatirV1W.�P,1hP;Y0-d!tyEmployers %aqiQ:wer7o,-"aoeyauth6zddAerein'nace by an officer of :u,.PI'Casualty Company shall b6'fully;On0 h`OII:reI ing,uoWWis�Compahy'.The'�fisihile�of:mefianically-repi98ucedsignaure of such officer, whether made h6retpforq.o":hereafter*:wherever -hqeverapppanng up - -I� , tied copy pflany ;pqy�pA7�6ffi6df the CompayshaIi evaIid:an ' "n ing upon the.domoahywithAh same orGe,apd�affgby &th though manually OF;:theCompanies hqv q_paqsqAh §e preSents-to:,e sl�ndd for each their officers as hownand eCorpoTaft6sea 8Jotd.hereto f,xe 11THsdayofMARCHnog t,-' ,��: )e1S=�NfI Y.1 ,jBruce G.Kelley, Chairman jffiy{S7B1rdsley., ,.•,Sp'tN�ONtOCL qo:6�*- JkC;�of 4- 3 4 516;Ptesiddnt Assistant Secretary &kyP��DoA,.—"E;z�p6R���:,,�,�",.Rq"of Company 1 V Chairman and0 . SEAS 1863, ,19��. CEO of Company _ }.*F %V'4ruz"t.v, 4 p�40W�11t t 7,;. f..; ,JRA,b �O Yi�013Tj j,eOn this 21H day�Of,MARCK AD,-066before ; b0%R�� j,g�:Notary Publit.Jh:and for the State of 16#6,personally 6I�,appeked-Bu6e,G-K6ll6yand:Jdfff6 ,, jiORq0,poR�;• ;�z°`,j:,,^fV,°�"e,4"6��,Birdsley, who,,being by me'. . y sworn` ih`�djd say4ht they,pq,aqd_`argjMqpWh0hWnWie {-L2:4:SEAL :StAL�:fSEAL Chairman, 'Presideni;Vic6:0h�iii�n-6hd�GEO,6fid1ofA§§is6nt,Secretary res ecfyej) �.,>,��each of The Co�pani6s a66v6;th6the g als.*a, ' . �tR1Jisinstrument are the jeali.of: WMa '+0V�60�N%",V4v1A,Z� c6rpbrati6ns; that said .instrument wasaibh6d.ifidsealed on b6fiaff:cfeach: - t*CdmPa * I by 'jU hority of their.rbsp6�6 864bir6d6fand that the sdSftcq3,,M"j!ef:,i ,7.Jeffrey; S. Birdsley, a� '�66h6t4 a6k66Q6dgd- '6,6kecuigr0f 8- " itfb�jent to be � (UAL fK. " UTU4/voIuntay act and deed of6a6h'6f.th�66*a6i6§� W. I - � " �%Vtjf1V;�f K, ,"W ommission E�pire 066b6r,16: 2011 4,�� ",rI�- W4{ r1��,0 U 6 E�yC.6�6AvER�i.N n*. *, :,6OMM.��99qmber11km ��,�, _,kWk , ' ,�dhhU 9 C1ISg1N taylWand (or the-8W6,bM �,ij��, OINES `,z_; f, CERTIFICATE 'i-T 1-DiVd,L1Hixohb�ugh,ViC�'�te;i�6!6f the Companies do hereby:certifthatthe foregoingreso1Ution'of t804r ,of 0 — ,migs, and 4h, Power Aft Tq; qssuepUrpprtthereto on. MARCHRA7.2� !, , fia16KeV4h"W� t-,4I .Pofi,J�ie6�&,Rc�lbk, TAM66o79�i,DohA1dE.ApIPb ',Fl2"0;kAg_a)6I 10n ue andicorreduand are still force %ct,SusaJ. Taft1oI-.R. Richard610irk8WigaitIMAR R.0Id-1 i � . .� ..i. .,,. ," yQ�aphwm?%Iv n.Testimonyflher66�TIsubscribed:mYfi6meand the facsinile4e6i of eachCompany thi 5today � f ,_,Gv �'7,I )�01; ;-7- *C (4 %AAk1 ,,,-,,�,, ,�1,v.. ., t , ,! , Sl( - �, - . _ all . , ._.�, I ... . . SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: .00Ara-Qo C0 frcccfo(s, ZCC.- 2 . Permanent main office address: 6f,90 Ali &V s dleS '�'lIZ 3. When organized: 4. If a corporation, where incorporated: eblok, & do' 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) ks QS /rt,�d•�� AZAJ, 0 `z./Sb 5. ©0 do zooQ 'Shtffcl� Crosse !'7q '73;z.jo t, k — z f2j b V 3 S. 56 S . s2 o!a 7. General character of Work performed by your company: f�Payy �i.?a�w ay Csh s tiu.�fi n1, f h i7 et-Yc /��u-c�.-u-�3 � c�(ctc. F( tbu a r ec c r �. �d �u rl� 5 d ecv 1 , 7`/ ui (S , '0'`'S 8. Have you ever failed to complete any Work awarded to you? A)U If so, where and why? 9. Have your ever defaulted on a contract? IJb If so, where and why? 10. Are you debarred by any government agency? AJo If yes list agency name. Rev10/20/07 Section 00420 Page 1 professionals shall react to any stormwater issue as directed in their training, per the SWMP and in accordance with the Permit. Any and all occurrences or observations that affect the SWMP or Permit shall be reported to the SWMP Administrator. 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. ,� •LS 6 c Ok- 'f 12. List your major equipment available for this contract. Ille etic S,C a 13. Experience in construction Work similar -in importance to this project: sse 57c< a 14. Background and experience of the principal members of your organization, including officers: Webe See r�su�es, 15. Credit available: $ 5',00,000 16. Bank reference: Ctf,M k iJ 17. Will you, upon request, fill out a detailed financial statement and furn'sh any other information that may be required by the OWNER? vs 18. Are you licensed as a General CONTRACTOR? If yes, in what city, county and state? What class, license and numbers? St-c ✓zu. �Gu.cdcS . 19. Do you anticipate subcontracting Work Contract? 7 s under this If yes, what percent of total contract? and to whom? _'�74'_-M S�CTin�, pd�l3y 20. Are any lawsuits pending against you or your firm at this time? do IF yes, DETAIL Rev 10i20ro7 Section 00420 Page 2 21. What are the limits of your public liability? DETAIL Ea.,�L Occucis«-u. -#(/e00, 000 lre.t,cTa;Q ��ycar�.,,t>✓ sZ, 006, 000; U"t-c-d w What company? T/aur-�s.(o luyu(aucc� t/1 acoj 000 22. What are your company's bonding limitations? `ii0, 000, 900 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at this day of Name to'Bidder By:�r Title: Ct.6 State of C—Q, .- r-0,10 County of R Aln,MS 1 20 r-c`1! being duly sworn deposes and says that he is c— ro. of �ad- (S.nSTC--Vc o Land that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this S day of O C � 200d. Notary Public My commission expires to It s_ ) 2 ,10 : ,%1pTA ft?% PUB %0 OF C q' •QQO ���1/r111111111��� My Commission Expires 10-25=2010 Rev10/20/07 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors. -for the work items listed below and all subcontractors performing over 150 of the contract. ITEM ST SUBCONTRACTOR �� Sr� Jr. � CO ��s 1 " ►6C Su r. L--ohS�, n`cUV�r N4:342r-" ci Yd SSv(-Y2 %hn ( sVr �r Qr-S Section 00430 Pagel :� COLORADO CONSTRUCTO S INC. "Transforming two dimensional drawings into three dimensional reality" MUNICIPALITY CURRENT CITY, COUNTY AND STATE LICENSES TYPE OF LICENSE NUMBER City of Arvada Contractors License LO 1-076 City of Aurora ROW Concrete 2008 320047 00 CL 2003 10878500 SL City of Boulder (as needed) City of Breckenridge Vendor 41383 City of Broomfield General Contr. Class C C2008-712 Colorado Department Heavy Highway Const. Vendor ID of Transportation Concrete Contractor 0968A City & County of Denver RW - Sidewalk 231420 Construction Projects Town of Erie Contractors License 2587 (as needed) City of Ft. Collins ROW Concrete City of Grand Junction General Contractor State of Kansas General Contractor Dept. of Transportation City of Lakewood Contractors License 9682 City of Longmont (as needed) City of Louisville (as needed) State of Nebraska DOT General Contractor City of Thornton Contractors License 12627 City of Westminster General License 050831045 City of Wheat Ridge (as needed) State of Wyoming DOT G.C. Prequalification 02409 EXP. September 6, 2010 September 1, 2010 Supervisor 3/12 CL June 14, 2010 December 31, 2009 April 30, 2010 March 31, 2010 May 31, 2010 Bond — 3/7/10 April 30, 2010 June 11, 2010 April 6, 2010 February 28, 2010 October 8, 2010 August 31, 201.0 February 28, 2010 6800 N Broadway, Suite 112, Denver, Colorado 80221 (303) 427-0868 email: mail@coloradoconstructorsinc.com f (303) 427-0882 Ct)LOltt�lNl CC1 NSTRUCTORS INC. "Transforming two dimensional drawings into three dimensional reality" 6800 N Broadway, Suite 112 DENVER, CO 80221 (303) 427-0868 f (303) 427-0882 email: ni<ul@(!oloradocousu-uctorsiuc.com COMPLETED CONTRACTS - PAST THREE YEARS GENERAL AND SUB -CONTRACTOR BRIDGE CONTRACTS Pueblo County 215 W. 10`h Street Pueblo, CO 81003 Vail Resorts Development Co. Vail, CO 81657 City of Lakewood 480 S. Allison Parkway Lakewood, CO 80226 L.G. Everist P.O. Box 1150 Silverthorne, CO 80498 Compass Homes 0211 Tarnwood Drive Blue River, CO 80424 Noble Energy Production, Inc. 804 Grand Avenue Platteville, CO 80651 NAME OF PROJECT Avondale Bridge Replacement Pueblo County, CO Completed: 03/06 Peak 7 — Breckenridge Skier Bridge Breckenridge, CO Completed: 10/06 Kipling St. Bridge Replacement Lakewood, CO Completed: 10/06 South Maryland Creek Ranch (3) Bridges, New Subd. Silverthorne, CO Completed: 10/07 Anglers Mountain New Bridge Silverthorne, CO Completed: 09/07 Battlement Creek Bridge Parachute, CO Completed: 10/07 Kummer Development Adams Rib Pedestrian Bridge P.O. Box 659 Eagle, CO Eagle, CO 81631 Completed: 11/08 CONTRACT % OWN FORCES $933,882 $913,268 80% $2,846,281 $2,163,461 75% $990,208 $1,024,756 75% $3,957,444 $3,092,899 80% $1,191,750 $992,596 75% $261,864 $189,624 100% $302,994 $214,694 100% Tezak Heavy Equipment Co, Inc. Hardscrabble Bridge Repl. 205 Tunnel Drive Florence, CO Canon City, CO 81212 Completed: 04/09 FLATWORK CONTRACTS City of Aurora 15151 E. Alameda Parkway Aurora, CO 80012 City & County of Denver 200 W. 14th Avenue Denver, CO 80204 City of Durango 1188 E. 2°d Avenue Durango, CO 81301 Sorrel Ranch Subdivision Curb/Gutter/Sidewalk Aurora, CO Completed: 09/06 Highline Canal Bike Path Denver, CO Completed: 10/06 Three Springs Subdivision CurblGcutter/Sidewalk Durango, CO Completed: 11 /06 $553,928 $414,569 85% $485,875 $398,309 90% $323,606 $308,874 85% $484,235 $434,719 100% City of Aurora Murphy Creek Channel Improve. $1,322,878 15151 E. Alameda Parkway Aurora, CO $1,192,883 Aurora, CO 80012 Completed: 10/07 gp% Larimer County Gov. Purchasing N. Taft Hill Rd. Improvements $179,150 2555 Midpoint Drive Ft. Collins, CO $177,077 Fort Collins, CO 80525 Completed: 10/07 100% Reynolds-Tierdael Company 1776 E. 69' Avenue Denver, CO 80229 Elam Construction, Inc. P.O. Box 806 Fraser, CO 80442 United Companies 2271 River Road Grand Junction, CO 81502 C.D.O.T. 4201 E. Arkansas Avenue Denver, CO 80222 Tollgate Creek Parallel Trail $474,422 Aurora, CO $495,690 Completed: 11 /08 90% Fruita Access/Intersection $495,120 Construct Roundabout $609,130 Fruita, CO Completed: 08/08 100% Palisade Barrier $758,984 Palisade, CO $620,149 Completed: 08/08 100% Slab Replacement I-25 Loveland $1,427,579 Larimer County, CO $1,043,008 Completed: 11 /08 90% We are a concrete contractor, and provide curb and gutter, sidewalk, bike paths, cart paths, concrete floor slabs and any other concrete structure. We are also a bridge contractor, building new structures, bridge replacements, and box culverts. There are many various miscellaneous projects that are not included on this report. Please notify our offices if you would like to request a complete list.of completed projects. �Tv' OI.ORA O ONSTRUCTORS INC. /NIT# OWNER EQUIPMENT TRUCKS 212 WIJIJI 02 Chevy 1500 LS Silverado 213 WIJIJI 04 Dodge 2500 4x4 diesel 214 WIJIJI 05 Ford F350 Diesel Flatbed 215 WIJIJI 06 Ford F-150 216 WIJIJI 06 Ford F-350 Super Duty 217 WIJIJI 07 Dodge 3500 Quad Cab 218 WIJIJI 07 Chevy Silverado 2500 TRAILERS 300 CCI '94 P.J. 83x16 14,000# w/racks 301 CCI '94 Staclite 5x9 TC 302 CCI '94 Staclite 4x8 303 CCI '95 Staclite 82x16 7,000# w/racks 304 CCI '95 Staclite 82x16 duv- tail 10,0009 305 CCI '96 P.J. 83x16 14,000# 306 CCI '96 Job office / Storage 307 CCI '96 P.J. 83x48 14,000# 308 WIJIJI '97 P.J. 83x48 14,000# 309 WIJIJI '97 P.J. 83x48 14,000# 310 CCI '98 Job office / Storage 311 WIJIJI '99 Box / Storage 313 CCI 2000 Wells Cargo Trailer 315 WIJIJI 2001 P.J. 63x18 Trailer 316 CCI Cargo Door Container 317 WIJIJI 2007 7X16 TA Load Runner IPMENT 401 CCI Gomaco Slip Form Molds 403 CCI 9 Ton Crane 404 CCI Gomaco Bridge Deck Finisher 405 WIJIJI '97 Bob Cat 873 406 WIJIJI '88 Gomaco Comm. III Slip Form 407 WIJIJI Morrison Vibrating Screed 408 CCI 48" Sidewalk Mold 409 CCI Various Path Molds 410 CCI 1991 30-Ton Todano Crane 411 CCI 06 Bob Cat S300 412 WIJIJI 94 35-Ton Rough Terrain Tadano Crane 413 WIJIJI 2003 Power curber 5700-B SMALL TOOLS Soo CCI Curb & Gutter Form Rails 501 CCI Bridge Stripping Buggy 503 CCI Rock Cut Form Liners 504 WIJIJI Bob Cat Dozer Blade 505 CCI E-Z Drill 506 CCI Welder 507 CCI Concrete Saw 508 CCI Stamping Tools 509 CCI Curber Machine 510 WIJIJI Breaker#5560 511 CCI Norton Demo.Saw, C13P16•N T1 CCI Jumping Jack Tamper,Macasa T2 CCI Plate Tamper, Vibramax T3 CCI Plate Tamper, Mikasa T4 CCI Whacker, Jumping Jack T5 CCI Whacker, Plate Compactor C0110111N1 CONSTRUCTOILS INC. 6800 N Broadway, Suite 112 DENVER, CO 80221 (303) 427-0868 f (303) 427-0882 email: maul@coloradoconstivctorsinc.com "Transforming two dimensional drawings into three dimensional reality" SIMILAR FLATWORK EXPERIENCE GENERAL AND SUB -CONTRACTOR OWNER NAME OF PROJECT CONTRACT % OWN FORCES City of Greenwood Village Cherry Creek Dam Bike Path $617,727.58 10001 E. Costilla Avenue Greenwood Village, CO Greenwood Village, CO 80112 Completed: 04/99 85% Construct 12,000 LF of new 10' wide concrete bike path along the face of Cherry Creek Dam. Work included grading, drainage, backfill, landscaping and construction of 1,200 face square feet of concrete retaining wall. City of Aurora Tollgate Creek Trail $319,174.00 15151 E. Alameda Parkway Aurora, CO Aurora, CO 80012 Completed: 01/03 78% Construct 6,600 LF of new 10' wide concrete bike path through open space between Hampden Avenue and Quincy Avenue. Work included grading, drainage, backfill, furnishing and installing a pedestrian bridge and landscaping. . City of Golden US 6 Bike Path $407,932.40 1445 Tenth Street Golden, CO Golden, CO 80401 Completed: 07/03 100% Construct 9,800 LF of new 10' wide concrete bike path with 1,500 SF of decorative concrete along SH6. Work included grading, drainage, backfill, traffic control, signs, and landscaping. City of Wheat Ridge Clear Creek Trail $232,500.00 4005 Kipling Street Wheat Ridge, CO Wheat Ridge, CO 80033 Completed: 07/03 90% Reconstruction of 4,234 LF existing asphalt bike trail to concrete trail along Clear Creek. Work included grading, drainage, backfill and landscaping. City of Fort Collins Poudre Trail $235,576.26 215 N. Mason Street Ft. Collins Ft. Collins, CO 80522 Completed: 05/04 Construct 7600 LF of new 10' wide colored concrete bike path along the Poudre River. Work included grading, drainage, backfill and landscaping. City & County of Denver Highline Canal Bike Path $318,136.00 200 W. 140' Avenue Denver, CO Denver, CO 80204 Completed: 10/06 85% Construct 8700 LF of new 10' wide concrete bike path with handicap ramps along the Highline Canal. Work included grading, drainage, backfill and landscaping. We are a concrete contractor, and provide curb and gutter, sidewalk, bike paths, cart paths, concrete floor slabs and any other concrete structure. We are also a bridge contractor, building new structures, bridge replacements, and box culverts. There are many various miscellaneous projects that are not included on this report. Please notify our offices if you would like to request a complete list of completed projects. SWMP Participants Power Trail NAME I POSITION / TRADE I COMPANY I CONTACT # ROBERT C. CLINE 702 Dearborn Street Fort Collins, Colorado 80525 (303) 427-0868 (Office) EXPERIENCE 1994 - Present PRESIDENT Colorado Constructors, Inc Denver, Colorado Responsible for all engineering functions of the corporatio estimating, project management and supervision of field oPemrations.ons. g 1990 - l 994 VICE PRESIDENT CONTRACT ADMINISTRATION Lawson Construction Company Longmont, Colorado Responsible for supervision of estimating and project management Personnel. Projects range in scope from small bridges and structures to multimillion dollar concrete paving projects, Owners include the City and County of Denver, Denver International Airport and Colorado Department of Transportation. 1986 - 1990 PROJECT MANAGER, A. S. Homer Construction co., Inc., Englewood, Colorado Responsible for estimating and managing assigned Projects varying in size from two to twenty million dollars. Projects include steel box girder, cast in place post tensioned concrete box and tee girder, Prestressed concrete box and I girder bridges. 1982 - 1986 PROJECT MANAGER, Flatiron Structures Company, Longmont, Colorado Responsible for management of assigned projects including estimating, cost control, subcontract and material procurement. Projects include cast in Place post tensioned box girder and tee girder bridges, v aryin from two to four million dollars. Assisted in the development of in size computer estimating and project management systems. 1983 - 1984 CASTING ENGINEER, Flatiron Structures Company, Eagle, Colorado. Responsible for the geometric and quality control for five precast segmental box girder bridges -in Glenwood Canyon. The bridges have a total of 18 spans with span lengths from 106' to 132' totaling 2,116' for all five bridges. The segments were manufactured by "short line" match casting, and erected by the span -by -span method. PROFESSIONAL ACTIVITIES Current member of the Colorado Contractors Association/ Colorado Department of i Chaired Committee Transportation Bridge Committee n 1999. Craig Gabel Long 5111 Beech Street Arvada, CO 80002 (303) 420-1268 (Home) (303) 427-0868 (Office) EXPERIENCE 1994 to Present; CHIEF EXECUTIVE OFFICER, Colorado Constructors, Inc. Responsible for business and office administration for this concrete construction company. 1993 to 1994; ESTIMATOR and GENERAL MANAGER, Concrete Works of Colorado, Inc. Responsible for estimating, bidding and project management for this concrete and pipe construction company. 1989 to 1993; Various positions at Yenter Companies; 1992 to June 1993; VICE PRESIDENT, ROC EX, Inc.. a division of Yenter Companies, Morrison, CO. Responsible for marketing, estimating and project management for this excavation and pipe contractor. 1991 to 1992; VICE PRESIDENT, Yenter & Sons Blasting, Golden, CO. Responsible for estimating, marketing and project management for this drilling and blasting company. We grew from a company doing one million dollars a year to five companies doing four million and organized a support staff that wasn't there when we were smaller. I hired an estimator/project manager to assist in the growth of the company who grew to the position of VP of the quarry and highway company. 1989 to 1991; ESTIMATOR and PROJECT MANAGER, Yenter & Sons Blasting, Golden, CO. Responsible for estimating, bidding and negotiating work. Helped in installing new management systems and controls for this small family business. 1988 to 1989; ESTIMATOR and PROJECT MANAGER, D.C.C.I., Castle Rock, CO. Responsible for estimating, bidding, negotiating work, subcontract and material procurement for this water and waste water treatment plant company. 1987 to 1988; ESTIMATOR and PROJECT MANAGER, I.F. Jenson Company, Castle Rock, CO. Responsible for estimating, bidding, negotiating work, purchasing materials and writing subcontracts for this concrete paving company. 1986 to 1987; CHIEF ESTIMATOR, Mountain States Paving, Inc., Arvada, CO. Responsible for estimating, bidding, negotiating work, training and organizing of estimators. Helped in installing new management systems and controls for this re -organized concrete paving company. 1985 to 1986; GENERAL MANAGER and PRESIDENT, Kela Concrete Corp. and VICE PRESIDENT, Women Constructors, Inc., Henderson, CO. Hired to estimate, bid and manage work, set up office procedures for this concrete paving and flatwork company in the Colorado market. Responsible for managing all office procedures, establishing computerized estimating system, bidding and negotiating work, establishing cost controls and getting the company prequalified with various agencies (Colorado Department of Highways and others). At the time WCI was established I prepared and submitted all the information to get prequalified with the Colorado Department of highways and helped organize the business. 1983 to 1985; VICE PRESIDENT, DIVISION MANAGER, Palisade Construction Company / KNC Inc., Denver, CO. Hired to start and manage a heavy and highway construction division in the Colorado market. Responsible for determining the market, establishing an estimating system (which I Computerized), bidding and negotiating work, hiring and managing necessary supervision, establishing cost controls and full profit/loss responsibility for this division of the Terra Construction Companies. 1976 to 1983; Various positions at Flatiron Structures Company 1982 to 1983; VICE PRESIDENT, Flatiron Structures Company, Longmont, CO. Responsible for managing a division of the company including estimate preparation (I computerized part of the estimating system), bidding jobs, assigning jobs, assigning crews, material and subcontract procurement for this heavy and highway construction company. During my tenure from 1975 to 1983, the gross profit on my jobs built each year was the largest of the project managers. 1976 to 1982; ESTIMATOR / PROJECT MANAGER, Flatiron Structures Company, Longmont, CO. Responsible for estimating jobs, monitoring costs, subcontract and material procurement. Jobs bid include Colorado Highway Department, local cities, counties and private developers. To my knowledge my crews were the first in Colorado to slip -form over one mile of curb and gutter in a day. 1973 to 1976; Supervisory positions for D&M Construction Co., Denver, CO, Garland Construction Co., Denver, CO, Fortune Construction Co., Denver, CO, and I ran my own framing company building houses for Golden Key Building Corp. EDUCATION B.S. Industrial Construction Management, Colorado State University, June, 1973. Important courses; Construction Estimates and Costs, Construction Planning and Scheduling, Structural Theory and Design, Human Relations in Business, Calculus, Differential Equations. Other concentration: Electrical Engineering. PROFESSIONAL ORGANIZATIONS . Member of the American Association of Cost Engineers International Member of various committees of the Colorado Contractors Association CURTIS W. WHEELER 1754 S. Leyden Street Denver, Colorado 80224 (303) 427-0868 (Office) EXPERIENCE 1995 - Present VICE PRESIDENT Colorado Constructors, Inc. Denver, Colorado Responsible for developing field side of the bridge construction Division. General Superintendent for all structures work. 1989 - 1995 SUPERINTENDENT Flatiron Structures Company Longmont, Colorado Management of new construction and renovation projects for Leading concrete construction firm. Supervise construction of 273 Mw co -generation plan with 5 combustion turbines and 2 steam turbine foundations — a project of more than $100 million in conjunction with Frontier Kemper. Administration of$15 million viaduct replacement project at 15te Street underpass. Reconstruction of 1-mile section of I-25 at 38'b Avenue for RTD, a 3-phase, $10 million project which included widening of the interstate and two bridges. Manage and coordinate as many as 25 subcontractors per project. 1986 - 1989 CARPENTER SUPERINTENDENT A & R Construction, Inc. Commerce City, Colorado Coordinate and supervise crew of 60 on new construction of Budweiser plant. Prepare bids and order materials. 1983 - 1986 CARPENTER G.E. Johnson Construction Company, Denver G.H. Phipps Construction Company, Denver Remodeling and new construction projects including Martin Marietta, St. Joseph Hospital and Presbyterian St. Luke's Hospital. 1965 - 1983 ASSISTANT SUPERINTENDENT CARPENTER GENERAL FORMAN A. S. Homer Construction Company Denver, Colorado Coordinate construction projects for major highway/bridge construction Contractor. Supervisor as many as 100 personnel per project. Managed expansion construction of Ideal Cement Plant in Portland, Colorado, and new construction of Henderson West Mill Site in Henderson, Colorado — a project requiring 80,000 cubic yard of concrete. PROJECTS CONSTRUCTED BY COLORADO CONSTRUCTORS, INC. WITHIN THE PAST FIVE YEARS PROJECT: BRIDGE REPLACEMENT ON SH 36 OVER WOLF CREEK. OWNER: COLORADO DEPARTMENT OF TRANSPORTATION AMOUNT: $785,000.00 DESCRIPTION: 2-SPAN (104'-0", 104'-0") PRESTRESSED CONCRETE BOX GIRDER BRIDGE PROJECT: SUPERSTRUCTURE REPLACEMENT ON HOVER STREET OVER THE ST. VRAIN RIVER OWNER: CITY OF LONGMONT, COLORADO AMOUNT: $1,100,000.00 DESCRIPTION: REPLACEMENT OF EXISTING DOUBLE TEE SUPERSTRUCTURE WITH PRESTRESSED CONCRETE BOX GIRDERS. CONSTRUCTED IN THREE PHASES UNDER TRAFFIC. PROJECT: BRIDGE REPLACEMENT ON SOUTH BOUND INTERSTATE 25 OVER WALSEN ARROYA OWNER: COLORADO DEPARTMENT OF TRANSPORTATION AMOUNT: $1,239,000.00 DESCRIPTION: 2-SPAN (101'-0", 101'-0") PRESTRESSED CONCRETE BT 54 GIRDER BRIDGE PROJECT: BRIDGE REPLACEMENTS ON 120TH AVENUE OVER BOX ELDER CREEK, AND 88.. AVENUE OVER COMMANCHE CREEK OWNER ADAMS COUNTY, COLORADO AMOUNT: $1,202,000.00 DESCRIPTION: 3-SPAN (75'-0", 100'-0", 75'-0") PRESTRESSED CONCRETE BT 54 GIRDER BRIDGE; 2-SPAN (75'-0", 75'-0") PRESTRESSED CONCRETE BT 54 GIRDER BRIDGE PROJECT: BRIDGE REPLACEMENT ON RUSSELVILLE ROAD OVER EAST CHERRY CREEK OWNER DOUGLAS COUNTY, COLORADO AMOUNT: $345,686.00 DESCRIPTION: 2-SPAN (50'-0", 50'-0") PRESTRESSED CONCRETE BOX GIRDER BRIDGE PROJECT: WALTON CREEK BRIDGES OWNER: STORM MOUNTAIN RANCH, STEAMBOAT SPRINGS, COLORADO AMOUNT: $939,000.00 DESCRIPTION: DESIGN BUILD 4 TIMBER BRIDGES, HIGHWAY RATED. 4-SPAN (50'-0", 50'-0", 50'-0", 50'-0") 2-SPAN (35'-0", 35'-0") I -SPAN (67'-0"), 1-SPAN (35'-0"), 1-SPAN (70'-0") EQUESTRIAN BRIDGE SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: October 21, 2009 TO: Colorado Constructors, Inc. PROJECT: 7078 Power Trail - Keenland Drive to Trilby Road OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated October 15, 2009 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7078 Power Trail - Keenland Drive to Trilby Road. The Price of your Agreement is Three Hundred Four Thousand Two Hundred Sixt One Dollars and Sixty Eight Cents ($304,261.68). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the 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 November 15, 2009. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and_to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER By: -Ja es B. O'Neill, II, CPPO, FNIGP D'rector of Purchasing & Risk Management Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 215t day of October in the year of 2009 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Colorado Constructors, Inc.(hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7078 Power Trail - Keenland Drive to Trilby Roadand is generally described in Section 01100. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Park Planning, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within ninety (90) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within hundred (100) calendar days after the date when the Contract Times commence to run. 3.2. 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 3.1. 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) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Section 00520 Page 1 Three Hundred, Dollars ($300.00) for each calendar day or fraction thereof that expires after the thirty (30) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, One Hundred Fifty Dollars ($150.00) for each calendar day or fraction thereof that expires after the ten(10) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Three Hundred Four Thousand Two Hundred Sixty One Dollars and Sixty Eight Cents ($304,261.68) in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. Section 00520 Page 2 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine.or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph.14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying). all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. Section 00320 Page 3 SWMP Participants — Power Trail NAME POSITION / TRADE COMPANY CONTACT # 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in.performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3Lien Waiver Releases 7.2.4Consent of Surety 7.2.5Application for Exemption Certificate 7.2.6Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: SHEET SHEET TITLE 1 COVER SHEET 2 KEENLAND DRIVE ACCESS RAMP 3 MAIL CREEK DITCH CROSSING 4 RCP DITCH CROSSING 5 8' SIDEWALK CONNECTION The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 3, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or Section 00520 Page 4 incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. Section 00320 Page 5 OWNER: CITY OF FORT COLLINS CON TRAC OR:Colorado Constructors, Inc. LBy. _ By. , JAMES 'NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT 6 Title T Date: pR `� F,.. .0 Date • �-Z OC I-T� � 8 9 �2 U'• .N (CORPORATE SEAL) AL Attest: 1. A.`' Attest: ✓ City C rO..... p LOR Address for giving notices: Address for giving notices: P. 0. Box 580 (On op IY, 7�nocj � Z Fort Collins, CO 80522 e-'nwr' co tsQ> 2 LICENSE NO.: Approv,�d a�/�/o� m Ass/iSt/City Attorney Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: 7078 Power Trail - Keenland Drive to Trilby Road To: This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of 20 The dates for Substantial Completion and Final Acceptance shall be 20_ and 20_, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR: Colorado Constructors, Inc. By: Title. Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No . S386082 KNOW ALL MEN BY THESE PRESENTS: that ( Firm) Colorado Constructors, Inc. (Address) 6800 N. Broadway, Suite 112, Denver, CO 80221 '(an Individual), (a Partnership); (.a Corporation), hereinafter referred to as the "Principal" and ( Firm) Employers Mutual Casualty Company (Address) P.O. Box 712, Des Moines, IA 50.306 hereinafter referred to as "the Surety", are held and firmly bound unto City of .Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the) "OWNER", in the penal sum of Three Hundred Four Thousand Two Hundred Sixty One Dollars and 68/100 ($304.261.68) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves., successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated .the 21slt day of October, 2009, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, '7078 Power Trail - Keenland Drive to Trilby Road. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions .and agreements of said Agreement during the original term thereof, and any .extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so,.and shall reimburse .and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. Rev10/20/07 Section 00610 Page 1 Bond No.: S386082 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time', alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER,, that no final settlement between the OWNER ,and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall, be deemed an original, this 22nd day of October - , 20 09. .IN PRESENCE OF: BB—IR�Z �— Principal lorpdo Cons By: ors, Inc. (Title) 6800 N. Broadway, Suite 112, Denver NCO f (Address) (Corporate Seal) IN PRESENCE OF: Other Partners Not Applicable By: Not Applicable Not Applicable By: Not Applicable n oou oeba f��8j'Y �v aQ'3� D ✓ .r 1� 30221 5'ooaoo^R �� ,r �''sA:74b9S9rg.4 'v IN PRESENCE OF: Surety x � �- r�yU�6ab2dosve•,'' d , / E o ers M tual Casualty Company By: r Ti n� nigle, Attorneyfact 7 Lindsey Knic erbocker, Surety Witness $ P B x 1 , Des Moines; -I (Ad e Zr (Surety Seal), NOTE: Date of Bond must not be prior to date of If CONTRACTOR is Partnership, all partners should execute"Borid:''' Rev 10/20/07 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. S386082 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Colorado Constructors, Inc. (Address) 6800 N. Broadway, Suite 112, Denver, CO 80221 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and ( Firm) Employers Mutual Casualty Company (Address) . P.O. Box 712, Des Moines, IA 50306 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as ."the OWNER", in the penal sum of Three Hundred Four Thousand Two Hundred Sixty One Dollars and 68/100 ($304,261.68) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly_ and severally, firmly by these. presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 21st day of October, 2009, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7078 Power Trail - Keenland Drive to Trilby Road. NOW, THEREFORE, if the Principal shall make payment to all persons, firms,. subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then .this obligation shall be void;, otherwise to remain in full force and effect. Rev 10/20/07 Section 00615 Page 1 0 Bond No.: S386082 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration_ or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation_ on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the .OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an. original, this 22nd day of October 20og . IN PRESENCE OF: F� � By ,GAL Cam—. (Corporate Seal) IN PRESENCE OF: Not Applicable Not Applicable IN PRESENCE OF: PrincipalC ao Constructors, c. By: o -:.ram Kis,-p r p a z (Title) zs y ti � �����.p c f•r � °r'w ' t 6800 N. Broadway, Suite 112,, Denver•, (Address)� ' 'J'.�.?.@3S25t999� Other Partners Not Applicable, Not Applicable Surety, By: Ity Lindsey Knic erbocker, Surety Witness B P. . Bo 7 Des Moines, IA 50306�' .,_'s ^„ r (Surety Seal) = :�` NOTE: Date of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership, all partners should execute'Bbnd"``" Rev 10/20/07 Section 00615 Page 2 No Text B. Identification of Potential Pollution Sources The permit identifies 13 potential sources that must be evaluated for their potential to contribute pollutants to stormwater discharge. These items have been evaluated below for this project (this initial assessment shall be reviewed and modified by the permit holder): 1) Disturbed and stored soil — YES — The construction will require that areas be disturbed exposing soil including concrete pouring, helical bridge construction, and slope construction as shown on the plans. BMPs will include silt fence between areas of cut and fill (more than 6 inches) and existing vegetation, a rock check dam on the downhill side of the 36" culvert ditch crossing, minimizing disturbance of existing vegetation and hard surfaces with the use of a delineated limits of disturbance boundary, and slope roughening and tracking of slopes after disturbance and prior to landscaping. A windrow will be utilized to keep soil from moving down slopes that do not need silt fence 2) Vehicle tracking of sediment - YES — The construction will require that subgrade be prepared for trail construction and that vehicles drive on unpaved surfaces along the tail alignment. BMPs will include three vehicle tracking pads, one located off the existing edge of pavement at Keenland Drive, a second at the connection to Southridge Greens Boulevard, and the third will be located just north of Trilby Road. Any muddy vehicle will use the vehicle tracking pad prior to leaving the site. If mud is tracked off site the Contractor will remove it in the following manner: (CONTRACTOR TO SPECIFY HERE) 3) Management of contaminated soil — NO — Soil borings do not indicate any existing contamination. 4) . Loading and unloading operations — YES — Chemicals and petroleum products will be brought to the site. Anytime these are being transported, they will be in a sealed container. 5) Outdoor storage activities — NO — There .are no materials that are anticipated to be stored on site. 6) Vehicle and equipment maintenance and fueling — YES — Vehicle maintenance and fueling will take place at the north end of the site just off the existing edge of pavement of Keenland Drive. No fuel will be stored on site; a fuel truck will deliver fuel directly to equipment as needed. The largest risk to stormwater with this operation is pollutants being spilled on the existing ground. Absorbent (CONTRACTOR TO SPECIFY HERE) will be in the construction trailer and applied on any spill immediately and the dry material disposed of properly and legally. 7) Significant dust or particulate generating processes — NO — The trail 8 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. Rev 10/20/07 1Section 00615 Page 3 Client#: F ' OLOCON4 ACORD., CERTIFICA fE OF LIABILITY INSURANCE 10/22/09°"Y'"' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Willis of Colorado, Inc. 0 South Colorado Boulevard ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ate 60ON Denver, CO 80246 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Insurance 39357 Colorado Constructors, Inc. 6800 N. Broadway, Suite 112 Denver, CO 80221 INSURERS: Pinnacol Assurance 41190 INSURER C: INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. S LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7 OCCUR CGD246 0805 C0325D5893 08/01/09 08/01/10 - EACH OCCURRENCE $1 000 000 DAMAGE TO RENTED PREMISES a occurrence) $300 000 MED EXP (Any one person) $5 000 PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC JECT PRODUCTS - COMP/OP AGG s2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 810325135893 08/01/09 08/01110 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESS/UMBRELLA LIABILITY X I OCCUR CLAIMS MADE DEDUCTIBLE X RETENTION SO CUP325D5893 08/01/09 08/01/10 EACH OCCURRENCE $1 000 000 AGGREGATE $ $ $ $ B WORKERS COMPENSATION AND -EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS beiow 4084182 08/01/09 08101 /10 X WC STATUMIT- OTH- CRYFR E.L. EACH ACCIDENT $1 ,000,000 E.L. DISEASE - EA EMPLOYEE $1,000 000 E.L. DISEASE - POLICY LIMIT 11,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project Description: Power Trail, Keenland Drive to Trilby Road Project Number: RFP 7078 The following are Additional Insureds as respects General Liability only (See Attached Descriptions) u rvrr� nv�ur=n UANIa LLAI WN City of Fort Collins Purchasing Division 215 N. Mason Street, 2nd Floor Fort Collins, CO 80524 OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION TE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *.In DAYS WRITTEN•. TICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL LOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE _ ACUKLI za <<UU-I/UU) 1 of 3 #S6522971M643049 WAND © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 3 #S652297/M643049 DESCRIPTIONS-(Continuedvfrorn Page-1) if required by written contract and coverage applies only as respects ,ork performed by the Insured for the Additional Insureds. J coverage terms, conditions and exclusions of the policy apply. Additional Insureds: City of Fort Collins and others as required by written contract The Additional Insured endorsement which is referenced above under "Type of Insurance -General Liability" is attached. This Certificate of Insurance represents coverage currently in effect and may or may not be in compliance with any written contract. The following cancellation conditions always apply: -10 days for non-payment of premium - If policy shown, 10 days for Workers' Compensation for fraud; material misrepresentation; non-payment of premium; other reasons approved by the Commissioner of Insurance AMS 25.3 (2001/08) 3 of 3 #S652297/M643049 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT. CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) -- - This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIA13IL17Y COVERAGE PART 1. WHO IS AN INSURED - (Section ll) is amended to Include any person or organizationthat you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and, b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor In the performance of "your work" to which the "written contract requiring Insurance" applies. The person or organization does not qualify as an additional Insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorserrient is iimited as follows: a) In the event that the Limits of insurance of this Coverage Part shown In the Declarations exceed the limits of liability required by the "written contract requiring, Insurance", the In- surance provided to the additional Insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section IIi - Limits Of Insurance. b) The Insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal Injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, ,approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, -Bold or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and 11. Supervisory; inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the ""products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional - insured, and -then the insurance provided -to the additional insured applies only to such "bodily injury" or "property damage" that oc,-; curs before the end of the period of time for which the "written contract' requiring Insur- ance" requires you to provide such coverage or'the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and coilectible "other insurance", whether primary, excess, contingent or 'on any other basis, that is available to the additional Insured- for a loss we cover under this endorsement. • However, if the "written contraot requiring Insurance" specifjoaliy requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to. the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any -other basis, that is available to the add[ tional Insured when that person or organization Is an additional Insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured.by this endorsement a) Th-e additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should Include: CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, inc. I Page t of 2 comiU ERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" or offense took place; I The names and addresses of any injured persons and witnesses; and M. The nature and location of any 'injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional Insured must: 1. Immediately record the specifics of the claim or "suit' and the date received; and ii. Notify us as soon as practicable. The additional insured_ must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional Insured must immediately send us copies of all legal papers received In connection with the claim or "suit", cooperate with us In the Investigation or settlement of ,the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "d'ther Insurance" which would cover the additional Insured for a loss we cover under this endorsement, However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. ti. The following definition Is added to SECTION V. DEFINITIONS: 'Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person' or organization as an additional in- sured on this Coverage pars, provided that the "bodily Injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect and c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 06 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:7078 Power Trail - Keenland Drive to Trilby Road PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance .with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE IDATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE REMARKS: Rev 10/20/07 Section 00635 Page 1 DATE SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: 20 You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 7078 Power Trail - Keenland Drive to Trilby Road. A check is attached hereto_ in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated , 20 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: 20 Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: Rev10/20107 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PR0JECT:7078 Power Trail_- Keenland Drive to Trilby Road 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 attorneys fees, incurred as a result of such claims. Rev10/20/07 Section 00650 Page 1 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 by Witness my hand and official seal. My Commission Expires: Notary Public 20 Rev 10/20/07 Section 00650 Page 2 construction only includes grading and concrete pouring and none of the operations are expected to generate significant dust. 8) Routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc. = YES — Fertilizers and pesticides will not be used. Any cleaning or maintenance of small equipment that cannot be done at the concrete washout will be required to be done within a containment device (CONTRACTOR TO SPECIFY HERE) and the liquid disposed of properly and legally. 9) On -site waste management — NO — There is no demolition associated with this project. 10) Concrete truck/equipment washing — YES — A concrete washout will be provided at the same three locations as the vehicle tracking control: east of Keenland Drive, at the proposed walk connection to Southridge Greens Blvd. and the connection north of Trilby Road. This will be used for trucks and for any concrete tools. 11) Dedicated asphalt of concrete batch plants — NO — None on this project. 12) Non-structural waste sources such as worker trash and portable toilets — YES — A trashcan will be at the construction trailer and will be emptied weekly. A portable toilet will be located at (CONTRACTOR TO SPECIFY HERE) on a gravel pad. 13) _,- Other areas where potential spills can occur — NO — The above 12 items are adequate for the anticipated construction process. C. BMPs for Stormwater Pollution Prevention 1) Structural Practices for Erosion and Sedimentation Control: Structural Practices to control soil movement on this site will include silt fence along both sides of the trail where significant grading will take place (cut/fill greater than 6 inches). Silt fence will also be used near the Mail Creek Ditch crossing. A windrow will be utilized to keep soil from moving down slopes that do not need silt fence. A rock check dam will be used at the downstream end of the 36-inch culvert at the proposed ditch crossing. These are the locations where disturbed soil could reach the site boundaries and adjacent waterways. These BMP's shall be installed per the included City of Fort Collins Details. They shall be inspected per the permit requirements and repaired or rebuilt to maintain their effectiveness. Even without a formal inspection, if the BMP does not appear to be operating properly, the SMWP Administrator shall be notified and repairs begun immediately. They shall be removed and disposed of immediately upon final stabilization of the area that drains to the BMP. 9 SECTION 00660 CONSENT'OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 7078 Power Trail - Keenland Drive to Trilbv Road CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of 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 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. Rev10/20107 Section 00660 Page 1 SECTION 00670 Section 00670 Page 1 DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) Le vV rV i 1 VVRI 1 C IIV 1 r11J bvAL;t The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumedby the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. - Any unauthorized use of the exemption certificate wiK result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 89 - 0170-750 (999) $0.00 ' ,3!4." rU. ,.,,�v t=.l. .rc �A�y,i i`�'tq, IS n: :�'i�rtp,.si 'f i T .�.. -• �:i $A t✓_/`,�M sc„ie r2r5<'T2 ".%1 As 2�4 }.CONY f v� „ ,.r,z=��h�- INFORMATI;ONE `ktJjVia(" s..�Y x,,��.�y� jay d y _.., 1�� ,e�..,. s i ��ir�W. INV` j'�'�>ka,{�pya?e,�. `V Y'`.xyxxfe.7xii'?'adv"Pfue.$:'r�b.`�,.k'fr".l$"LCsr.Kr,$.i'�,r >Y"4«a Y`'.�W rr. LaJb. afiLi"t'v.� ass^r..`+'ai Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: Fax Number. Business telephone number: ) Colorado withholding tax account number: Copies of c ntff-orragr men pages 1 ttlen ' n the con rt actin g " ExEM�,,},PrioN� i iFsORpp IVIA N t and{(2)h.hcoYny4am ng,stgnature,!ys.of-contractmgrpartres must beFattachedc� § � i tWv?K" 4 y�i L g fiyjH x F} 9 fl�1^JNYt�si?aG+w,".'v^.:N.S'. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date completion date: "q: F„�y3 '� �i ,�' n _ k£�;� �;y'"M2< >'�''S`�f'� Fl�-a5�q. �%¢�'.4''�-• �iy`t5 - k:, r�5�f�i-,�5�` w4 y, '.rd�+^�., 4.e«kK'its �w:X�.w' �+,' ` �.' �� i8�"j'S . ,�t°..5�*s L 3, y . _?��r'�i Y... iz.. �-3w� . `�t:�it. �t��,.=h.,f#.a�m'Li'� Y,.7."'�::] ry ;v 'ik s>A ��ji �h i '1'XL) 4Q p�'�{��.F�.y1Jf � b�.;K�B'+���R �e,`,f' ��S fY4t-r�.1 a], i? ^:1r7'Pl,:�• l declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: T/l ATl — — — — t1 Title of corporate officer: Date: iv ivv i VV 1\1I J' 131LLV VV 1 t113 J.JJNr Section 00670 Page 2 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no long erissue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. Section 00670 Page 3 Section 00670 Page 4 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF TIM CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1916-8 (1990 Edition), as abase, Changes to that document are shown by underlining test that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY .OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Ti►le TABLE OF CONTENTS OF GENERAL, CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS ....................... _.. _.......... _...............I 1AAddenda .............................................1 1.2 Agreement ................................:......... 1.3 Application for Payment ...................... 1 1.4 Asbestos......_ ........ ...........................1 1.5 Bid.....................................................I L6 Bidding Documents.............................:l. 1.7 Bidding Requirements ....................... J. L8Bonds ...............................................:.1 1.9 Change Order, ...... ...... ............... 1.10 Contract Documents 1 1.11 Contract Price,.,.,,•..,.,.,... 1.12 Contract Times, ....... ............ .............. 1.13 CONTRACTOR..................................1 1.14 deective...............................................I 1.15 Drawings'... ........ ............ ....... ........ 1 1.16 Effective Date of the Agreement,.,..._-- l 1.17 ENGINEER ........................... .........1 1.18 ENGINEERS Consultant 1.19 Field Order ......................................... 1 1.20 General Requirements ......................... 2 121 Hazardous Waste 2 1.22.a Laws and Regulations; Laws or Regulations...-, .......................... 1.22.b Legal Holidays.. .................. 11 ........... 2 1.23 Liens..................................................2 1.24 Milestone............................................2 1.25 Notice of Award ........---.---.............. 1.26 Notice to Proceed.................................2 1.27 OWNER ............................................. 1.28 Partial Utilization 2, 1.29 PCBs..................................................2 1.30 Petroleum .. .................................. 2 1.31 Project ------ ........ ........... ..--............-2 1.32.a Radioactive Material ............................2 1.32.b Regular Working Hours ........................ 1.33 Resident Project Representative,,.,,,-.,-,-. L34 Samples ........................... 1.35 Shop Drawings, ................... I ...... 1.36 Specifications.........:...........................2 1.37 Subcontractor.....................................2 L38 Substantial Completion.,.,.. ..................2 1.39 Supplementary Conditions. .................. 1.40 Supplier ................ 2 1.41 Underground Facilities, ................ 2-3 1.42 Unit Price Work..................................3 L43Work ..................................................3 1.44 Work Change Directive_.....................3 1.45 Written Amendment., .......................... Page Number 2. PRELIMINARY NIATTERS......_........................3 2.1 Delivery of Bonds. . ...... _ .................. 3 2.2 Copies of Documents ........................3 2:3 Commencement of Contract Times-, Notice to Proceed .............. 3 2.4 Starting the Work ............ I .............. 3 2.5-2.7 Before Starting. Construction; CONTRACTORs Responsibility to Report; Preliminary Schediles; Delivery of Certificates of Insurance 3-4 2.8 Preconstruction Conference;,,,,,,,,,,,, 3 2.9 Initially Acceptable Schedules .......... 4 3. CONTRACT DOCUMENTS: INTENT, AMENDING; REUSE..........................................4 3.1-3.2 Intent 4 3.3 Reference to Standards and Speci- fications of Technical Societies:, Reporting and Resolving Dis- crepancies ................................. 4-5 3-4. Intent of Certain Terms or Adjectives ..................................... 5 3.5 Amending Contract Doctinents......... 5 3.6 Supplementing Contract Documents ..... . ............................. 5 3.7 Reuse of Documents .........................5 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS.........................................5 4.1 Availability of Lands.....................5-6 4.2 Subsurface and Physical Conditions ................ - 6 4.2.1 Reports and Drawings ......... .............6 4.2.2 Limited Reliance by CONTRAC- TORAuthorized; Technical Data............................................ 6 4.2.3 Notice of Differing Subsurface or Physical Conditions,,,,,,,,,,,,,,,,,,¢ 4.2.4 ENGINF.ER'sReview......................6 4.2.5 Possible Contract Documents Change., .... ................. ......... ...... 6 4.2.6 Possible Price and Tunes Adjustments .............................. 6-7 4.3 Physical Conditions --Underground Facilities ....................................... 7 4.3.1 Shown or Indicated., ..... •;...... .......... 7 4.3.2 Not Shown or Indicated ................... 7 4.4 Reference Points .............................. 7 EJCDC GL•NERAL co7mmoNS 19io-8 (t990 EDITION w/ CITY OF FORTCOM NS MODSCAMONS (REV 9199) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material,,,,,,,,,,,,,,,,,,,,?-8 5. BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance, Payment and Other Bonds................................ . 5.3 Licensed Sureties and Insurers; Certificates of Insurance....................8 5.4 CONTRACTOR's Liability Insurance 9 5.5 OWNER's Liability Insurance...............9 5:6 Property Insurance. ......... I ......... 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance............. ....10 5.8 Notice of Cancellation Proiision 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts_,,,,,, 10 5:10 Other Special'Insurance ......................10 5.11 Waiver of Rights„ .............................11 5.12-5.13 Receipt.and Application of Insurance Proceeds 10-11 5.14 Acceptance of Bonds and Insic- ance;.Option to Replace....................11 5;15 Partial Utilization --Property Insurance 6. CON rRAcroR,s RESPONSIBBILITIES 6.1-6.2 Supervision and Superintendence....... I I 6.3-6:5 Labor, Materials and Equipment.__ 11-12 6.6 Progress Schedule,,,,__.,,,,, .....12 6.7 Substitutes and "Or -Equal" Items; CONTRACTORS Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation „..,.,__..,.12-13 6.8-6.11 Concerning Subcontractors, Suppliers. and Others; Waiver of Rights ... ..................... 13-14 6.12 Patent Fees and Royalties...................14 6.13 Permits...,... 14 6.14 Laws and Regulations„_.,..._, ._.,,. 14 6:I5 Taxes .................. .......... ............... 14-15 6.16 Use of Piemises...................... 15 6.17 Site Cleanliness,,,., 15 6.18 Safe Structural Loading,,,,;,,,,,,,,,,,,, , 15 6:19 Record Documents ......:................ 15 6.20 Safety and Protection ................... 15-16 6.21 Safety Representative .......................... 16 6:22 Hazard Communication Programs ...... 16 6.23 Emergencies,,,,,,,,,,,,,,,,, 16 6.24 Shop Drawings and Samples.............16 6.25 Submittal.Proceedures; CON- TRACTOR's Review Prior to Shop'Diawing or Sample Submittal .................... . .............1.6 6.26 Shop Drawing & Sample Submit- tals Rcview by ENGINEER ...... 16-17 6.27 Responsibility for Variations From Contract Documents,., ......... 17 6.28 Related Work Performed.Prior to ENGINEER's Review and Approval of Required Submittals, .............................. „ 17 6.29 Continuing the Work....................17 6.30 CONTRACTOR's General Warranty and Guarantee., ............. 17 6.31-6.33 Indemnification,.,,___,._....._,.._._.17-18 6.34 Survival of Obligations ................... I S 7. OTHER WORK.................................................18 7.1-7.3 Related Work at Site18 7.4 Coordination'........._ .................... 18 8. OWNER'S RESPONSIBILITIES .........................18 8.1 Communications to CON- TRACTOR .,....... 18 8.2 Replacement ofENGIN73ER,.... ...... is 8.3 Furnish Data andPay Promptly When Due..................................18 8.4 Lands and Easements; Reports and Tests 8.5 Insurance 8.6 . Change Orders ............................... 19 8.7 Inspections, Tests and Approvals.........................I.........19 9.8 Stop or Suspend Work; Terminate CONTRACTORSs Services ... ................19 .................. 8.9 Limitations.on OWNER'S Responsibilities .......................... 19 8.10 Asbestas,.PCBS, Petroleum, Hazardous Waste or Radioactive Material-,. ......... 19 8.11 Evidence of Financial Arrangements ............. I.............. J.9 9, ENGINEERS STATUS DURING CONSTRUCTION ................... ..... ...... ,19 9.1 OWNER'S Representative...............19 9.2 Visits to Site., 9.3 Project Representative ...............19-21 9.4 Clarifications and Interpre- tations21 9.5 Authorized Variations in 1'brk_.._.__21 1:JC13C GENERAL CONDITIONS 1910.8 (1990 EDMON) w/ CITY OF FORT COLLM NIODIRCATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Numbcr & Title Number 9:6 Rejecting Defective Work...................21 13.8-13.9 Uncovering Work at ENG1- 9.7-9.9 Shop Drawings, Change Orders NEER'sRequest_ ..................27-28 and Payments....................................21 13.10 OWNER May Stop the Work ........... 28 9.10 Determinations for Unit Prices.,_...21-22 13.11 Correction or Removal of 9.11-9:12 Decisions on Disputes; FNGI- Defective Work ..........................28 NEER,as.Initial Interpreter..............22 13.12 Correction Period,,,.,.,,,,.,,.,,.,.,...,.,.t8 9.13 Limitations on ENGINEER's 13.13 Acceptance ofDefective Wort ,'.., 28 Authority and Responsibilities ..... "?-23 13.14 OWNTER May Correct Defective Work 28-29 CHANGES TNT THE WORK 23 al OIVNER's Ordered Change,,,,,,,,,,,,,,, '23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claimfor Adjustment ........................23 COMPLETION ..................... ............................. 29 10.3 Work Not Required by Contract 141. Schedule of Values ........................ 29 Documents......................................23 14.2 Application for Progress 10.4 Change Orders........."..... ..........23 Payment.....................................29 10.5 Notification of Surety-..... ............. ---- 23 14.3 CONTRACTOR's Warranty of Title 29 CHANGE OF CONTRACT PRICE .............................23 14.4-14.7 Review of Applications for 11.1-11.3 . Contract Price: Claim for Progress Payments.................29-30 Adjustment; Value of 14.8-14.9 Substantial Completion,,,,,,,,,,,,,,,,,, 30 the Work ..............".._. ..............".23-24 14.10 Partial Utilizafion.......,..;.-_..30-31 11.4 Cost of the Work...........................24-25 14.11 Final lnspectioq ........................... ..31 11.5 Exclusions to Cost of the Work,,.,,.,,., 25 14,12 Final Application for Payment,._ ..... 31 1.1 6 CONTRACTOR's Fee,,,,,,,,,,,,;,,,,,,,,,,, 25 14.13-14.14 Final Payment and Acceptance ....... 31 11.7 Cast Records,,,,,, ,,,,,,,,, .......2.i-26 14.15 Waiver of Claims .... ..................31-32 11.8 Cash.Allowances,,,,,,,,,,,,,,,26 11.9 Unit PricetArorF;..............",.:..._..___....26 15. SUSPENSION OF WORK AND TERMINATION ................................................ 32 CHANGE OF CONTRACT TIMES... .............. ...... 15.1 OWNER May Suspend Work .......... 32 12.1 Claim far Adjustment.-, ---------------------- 26 15.2-15.4 OWNER May Term inate;............... 32 12.2 Time of the Essence 26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate,,,,,,,,,,,,,,,,, 32-33 Control.....; ................................ 26-2 7 12.4 Delays Beyond OWNER's and 16. DISPUTE RESCQLUTION.................................. 33 CONTRACTOR's Control................27 17, NgSCEI,LANEOU5- 33 TESTS AND INSPECTIONS; CORRECTION, 17.1 Giving Notice ............................... 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times;,,,,,,,, ,,,,, 33 DEFECTIVE WORK..................................................27 17.3 Notice of Claim_ ........... ,,............. .33. 13.1 Notice of Defects...............................27 17.4 Cumulative Remedies, ... _.............. _,33 13.2 Access to the Work ..................."27 17.5 Professional Fees and Court 13.3 Tests and Inspections; Costs Included,,.,....;.,,_,.. 33 CONTRACTOR's Cooperation..,,..,., 27 17.6 Applicable State Laws,,,,,,,,,,,,,„ 33-34 13.4 OWNER's Responsibilities; Intentionally left blank ........ ..................:............ 35 Independent Testing Laboratory ....... 27 13.5 CONTRACTORs EXHIBIT GC -A: ,(Optional) Responsibilities...............................27 Dispute Resolution Agreement ....... ..,...,,..._,.GC-A1 13.6-13.7 Covering, Work Prior tolnspec- 16.1-16.6 Arbitration ........... ..._-„.,_,_GC-A1 tion, Testing or Approval.................27 16.7 Mediation .............................. GC -Al F1CDC OE•NERAL CONDITIONS 19I0.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 2) Non -Structural Practices for Erosion and Sedimentation Control: All low sloped areas exposed during land disturbing activity (stripping, grading, stockpiling, filling, etc.) shall be kept in a roughened condition by ripping or disking along land contours until mulch, vegetation or other permanent erosion control is installed. All exposed steep sloped areas exposed during land disturbing activity (stripping, grading, stockpiling, filling, etc.) shall have slope protection. The contractor shall use a "tracked" vehicle, run perpendicular to slope to inhibit rill/gully erosion; the contractor may use other windrow -type methods as necessary. Permanent erosion control (hard surface or mulch and seed) shall be installed as soon as practical. No soil (not being actively constructed upon) shall remain exposed by land disturbing activity for more than fourteen (14) days. If the above methods do not prove adequate, it may be necessary for erosion blankets, mats, or mulch to be placed on disturbed areas and the SWMP amended. 3) Phased BMP Implementation: The Construction Schedule discussing phases of construction and the required BMP's is included in the Appendix. Site maps will be modified / updated as construction occurs in accordance with the permit which will following the schedule and the phasing of the actual construction. 4) Materials Handling and Spill Prevention: Potential impacts from significant materials and their handling are as follows: Chemicals, cleaning substances, and petroleum products related to the construction will be stored inside. Fueling and maintenance of equipment shall take place in the northern entrance to the site off the existing pavement at Keenland Drive. Fueling will be accomplished with fueling trucks on an as needed basis. Absorbent (CONTRACTOR TO SPECIFY HERE) will be in the construction trailer and applied on any spill immediately and the dry material disposed of properly and legally. All construction waste shall be disposed of in the available trash receptical throughout the workday. Liquid wastes will be hauled off site and 10 INDEX TO GENERAL COMMONS City of Fort Collins modifications to the, General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of - Bonds and Insurance....................:....:..............5.14 defective Work .............................10.4.1, 13.5, 1113 final payment...... .......... ........... 1 9. 1 Z 14.15 ............. _ insurance........... 5.14 other Work, by CONTRACTOR ..........................7.3 . Substitutes and "Or -Equal" items .....................67.1 67.1 Work by OWNER ..............................2.5. 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities ...................... ; I .......... 4.1 site, related Work...............................................7.2 Work, ............................ ; ............. 13:2. 13.14, 14.9 Acts or Omissions--, Acts and Omissions -- CONTRACTOR ................................... 6.9-1, 9.13.3 ENGINEER...,_-, ...... .......... .......... 6,20, 9,13.3 OWNER.... ........................... ....... fi.20, 8.9 Addenda --definition of (also see definition of Specifications) ....... 1.10, 6-19), 1.1 Additional Prop" Insurances. � 5.7 Adjustments - Contract Price or Contract Times ...........................1.5, ....................... 1.5, 3.5. 4.1, 4.3.2, 4.5.2, .......... I ....... ..... 1A. 53, 9.4, 9.5, 10.2-10,4, ................................. : ....... 11, 12,14.8,15.1 progress schedule ......... ............................ . ....... 6,6 Agreement -- definition Of ......................................................1.2 .All -Risk" Insurance; policy form............................i.6.2 Allowances, Cash ............................................. ...... ll.s Amending Contract Documents,.,,..,,,,,_, ................ 3.5 Amendment, Written -- in general ................. 1. 10, 1.45, 3.5, 5.10, 5.12, 6.6.2 ........................... 0. KZ 6; 19, 10.1, 10A, 11.2 i .... * ..... * .............. * ...... 12A, 13.12.2, 14,7,22 Appeal, OWNER CONTRACTOR intent to ....................... 10, 9.11, 10.4. 16;21 .16.5 Application for Payment -- definition Of ...................................................... 1.3 ENGINEFR's Responsibility 9.9 final payment,,,,,,,,,,,,,,,, 9.13.4, 9.13.5, 14.12-14.15 in general ..... I ........ I ... I ....... 18, 2-9, 5:6.4, 9.10, 15.5 progress payment .....,., .... ... 4. 1. - J 4.1-14.7 review Of ................. ................................. 14.4-14. 7 Arbitration ......................................... ..... 16.1-16.6 Asbestos -- claims pursuant thereto ..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definition of„ I.A, Article or Paragraph Number OWNER responsibility for..-- .......... * .1 .... 4:5_ 1, 8.10 possible price and timese�angq........................4.5.2 Authorized Variations in Work. ........... 3.6. 6.225, 6.27, 9.5 Availability of Lands ................................_.......4.1, 8.4 Award, Notice of -=defined. ...................... ............... 1.25 Before Starting Construdiork ....... ........................ ". 5-2.8 Bid --definition of .......... _ ....... 1.5 (1 . 1, 1. 10, 2.3, 33, ................... 4.2.6.4i 6.13, 11.4.3, 11.9, 1) Bidding Documcnts-definition of 1.6(6.8.2) Bidding Requirements -definition of......................................I....1.7 (1.1, 4.2.6.2) Bonds -- acceptance of,,.,.,,. ...................... 5.14 . . additional bonds ....... ..................10.5. 11 A.5.9 Cost of the Work .... ....................................... 11-5.4 definition of ........................... ....1.8 delivery of ...................................................2.1, * 5.1 final Application for Paymcnt .... 14.12-14.14 general ..................................I...1.10, 5� 1-5.3, 5.13, ........ I .................... _... I I ... 9,13, 10.5. 14.7.6 Performance, Payment and Other ....... .......... 5A-5,2 Bonds. and Insurance --in general ....... ................ 5 Builder's risk "all-risk" policy form..,,,.,_.,, . ....... 5.6.2 Cancellation Provisions, Insurance.,;.._.; 5.4.11, 5.8. 5.15 Cash Allowances............................................11.8 Certificate of Substantial Completion * ........ 1.38, 6.30.2.3, ..................................................14.8, 14.10 Certificates of Inspection ........... ....... 9.13.4, 13.5, 14.12 Certificates of Insurance ............... 2.7. 5.3. 5.4,11. 5.4.13, .., .................... 5-6-5;5.8, 5.14,.9.13.4,.14.12 Change in Contract Price -- Cash Allowances 11.8 claim for price adjustment,..._,,.„_, 4.1. 4.2.6i 4.5. 5.15, 6.8.2, 9.4 _ ................ 5i. 5. 9. 1 i. 10. 2. 10.5. 11.2. 13.9. ........................ I 113, 13.14, 14.7, 15.1, 15.5 CONTRACTOR's fee ....................... ;...; ............. 11.6 Cost of the Work general ...................................... 11.4-11.7 Exclusions to 11.5 Cost Records ....... ....................... .... ....) 11.7 in general ............. J.191 1.44, 9,11, 10.4:-_10.4.3, 11 Lump Sum Pricing ..................... .................... 11.3.2 Notification Of SuictY ............ ........................... 10.5 Scope of,...,..........,.... ............. 10.3-10.4 Testing and Inspection, Uncovering the Work ................................. 139 FJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wt CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Unit Price Work 11.9 Article or Paragraph Number Value of Work..................................................11.3 Change in Contract Times - Claim for times adjuctment,,.....4.1, 4.2.6, 4.5, 5,15, 6.8.2, 9.4; 9.5, 9.11, 10.2, 10.5, 12.1, ...............13.9, 13.13, 13.14, 14.7; 15.1, 15.5 Contractual time limits ................ :......:............. 12.2 Delays beyond CONTRACTOR's control.....................: .....................:...........12.3 Delays beyond OWNER's and CONTRACTOR's control 1.2.4 Notifcation.of surety; ........................... ............ 10.5 Scope -of change., .... .......... ............ - .... 10.3-10.4 Change Orders -- Acceptance of defective Work ..........................13.13 Amending Contract Documents ...........................3.5 Cash Allowances ............................................... 11.8 Change of Contract Price__ ..........................,....... i l Change of Contract Times,,,,,;,,,,,,,,, 2 Changes. in the Work............................................10 CONTRACTOR's fee., ................... 1 .................. 11.6 Cost of the Work.......................................11.4-11.7 Cost Records.........................................:..........11.7 definition of ............................................ 1.9 emergencies....................................:..:........... 6.23 ENGINEERsresponsibility ....... 9.8, 10.4, 11.2, 12.1 execution of,,,,,,,,,,,,,,,,,, ................................... 10.4 Indemnifiction .........................6.11, 6.16,.6.31-6.33 Insurance, Bonds and ........ .......5.10; 5.13, 10.5 OWNER may, term inate............................15.2-15.4 O NER's Responsibility.... ..... : ............. 8.6, 10.4 Physical Conditions- Subsurface and,.. ............................................ 4.2 Underground Facilities-- ............. _............. 4.3.2 Record Documents.... ...... ......... ............. 6.19 Scope of Change ................. ......................10.3-10.4 Substitutes ............................................. 6.7.3, 6.9.2 Unit Price Work ............................................... 11.9 value of Work, covered by.................................11.3 Changes in the Work................................................JO Notification of surety ........................................ 10.5 OWNERS and CONTRACTORs responsibilities ......: r...................................10.4 Right to an adjustment .... :.............. I ...... ,_.......... 10.2 Scope of change........................................10.3-10.4 Claims -- against CONTRACTOR....................................6.16 against ENGINEER .......................................... 6.32 against OWNER ...............................................6.32 Change of Contract Pricg ........................... 9.4, 11.2 Change of Contract Times ..........................9A, 12.1 CONTRACTOR's............. 4. 7.1; 9A 9.5, 9,11. 10.2. ...........................I l .2 11.9, 1.2.1, 13.9, 14.8, ............................................15.1, 15.5, 17.3 CONTRACTOR's Fee 11.6 Article or Paragraph Number CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31 Cost of the Work................._.....--_..__....,..11.4, 11.5 Decisions on Disputes ............................... 9,11, 9.12 Dispute Resolution.............................................141 Dispute Resolution Agreement ...................16.1-16.6 ENGINEER as initial interpretor,,,,,,,,,,,,,,,,,,I ...... 9.11 Lump Sum Pricing.........................................11.3.2 Notice of ................. ......................... 17.3 OWNER's....................Q.4, 9:5, 9,11, 10.2, 11.2, 11.9 ......................12.1, 13.9; 13.13, 13.14. 17.3 OWNER'S liability_ ............................................ 5.5 OWNER may refuse to make payment ................14.7 Professional Fees and Court Costs Included ....................................................... 17.5 request for formal decision on ............................9.l l Substitute Items ....................................... 6.7.1.2 ...... Time Extension.................................................12.1 Time requirements...................................9.11, 12.1 Unit Price Work.............................................11.9.3 Valueof...........................................................1,1.3 Waiver of --on Final Payment„...............J4.14, 14.15 Work Change.Directive..............................:..:.. 10.2 written notice required ......................9.11, 11.2, 12.1 Clarifications and Interpretations,,,,;,,,,,;, 3.6.3, 9.4. 9.11 CleanSite ............................................ .6.17 Codes of Technical Society, Organization or Association.................................................. �3.3 Commencement of Contract Times.... ..... __ .... „ 2.3 Communications-- general.............................................:6:2, 6.9.2, 8.1 Hazard Communication Programs,.,,,,,, . 6.22 Completion - Final Application for Payment ..........................14.12 Final Inspection..............................................14.11 Final Payment and Acceptance„.....:.......14.13-14.14 Partial Utilization,,,,,,,,,,,,,,,,,,,_,.,,,, ... ;............. 14.10 Substantial Completion ......................1.38; 14.8-14.9 Waiver of Claims, ................ a ......... I ................ J4.15 Computation of Times ................... Concerning Subcontractors, Suppliers and Others ................................................. 6.8-6.1 I Conferences -- initially acceptable schedules„ ............................ 2.9 preconstruction........................... I........................ 2:8 Conflict, Error, Ambiguity,. Discrepancy -- CONTRACTOR to Report .......................... 2.5, 3:3.2 Construction, before "starting by CONTRACTOR .............................. ............ ..2.5-2.7 Construction ivfachinery, Equipment, etc,,,,,,,,,,,,,,,,,, 6.4 Continuing the Work .................................... 6,29, 10.4 Contract Documents - Amending...........................................................15 Bonds........................................... .................. 5.1 E1CDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9/99) Cash Allowances 11.8 Article or Parograph Number Change of Contract Price ..... * ...... ....... Change of Contract Times,.__.-.. .................. 12 Changes in the Work ................................ 10;4-10.5 check and verify ................................................ . 2.5 Clarifications and Interpretations ............ ....... 3:2, 3.6, 9.4, 9.11 definition of ........... ......... .......................... I o ENGINEER as initial interpreter of,- ... 9.11 ENGINEER as OWNER's representative..............9.1 gencral3 Insurance ...... ....... I .......................... 5.3 Intent ...... ............ 1-3.4 minor variations in the Work .......... ........... 3. 6 OWNER's responsibility to furnish data OWNER's responsibility to make prompt payment ..........................8.3, 14.4, 14.13 precedence ................................................ 3,1,3.3.3 . Record Documents ....... ....... .... ...... 0.19 * Reference to Standards and Specifications of 'fechnical Societies .................................... 3.3 Related Work .....................................................7.2 Reporting and Resolving Discrepancies,,,,,,.. 2.5,3.3 Reuse of 3.7 Supplementing .............. ........ ........... 3.6 Termination of ENGINEER's Employm ent .......... 8.2 Unit Price'Work .................. ............................... i 1-9 variations , .........................................3.6, 6.23,6,27 Visits to Site. ENGINEER!s.. .......... 9.2 Contract Price - adjustment of ................. 3.5, 4;1, 9.4, 10.3, 11.2-11.3 Changeof .. ............ ** ...... .................. ...... ...... ** ......... Decision on Disputes ........................................ 9.11 definition of Contract Times -- adjustment of; ......................... 3.5, 4.1, 9.4, 10.3, 12 Change of , .............. ....... ......................... 12.1-12.4 Commencement Of .............................................2.3 definition Of ....................... ............................. 1.12 CONTRACTOR - Acceptance of Insurance.,..... I ....... ....... ........ ... 5.14 Communications,,,,,, ,,, ,,,,,, ........... . 6.2, 6.9.2 Continue Work,,,,,,,,,,,,, ............................ 6.29, 10.4 coordination and scheduling ............................6.9.2 definition Of ..... : ..................................... 13 Limited Reliance on Technical Data Authorized,...,.,, 4.12 WY Stop Work or Term irate ...... ......... ...... 15.5 provide site access to others ........................ 7.2, 13.2 Safety and Protection ..................... 4.3. 1 2, 6.16, 6.18, ....... ............... ii ....... 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal ........................................6.2.5 Stop Work requirements_,... I— ........................ 4.5.2 CONTRACTOR's- Article or Paragraph Number Compensation ............................................11.1.11.2 Continuing Obligation ........ i .............. ............. 14,15 Defective Work ............. .................. 9.6. 13. 1 O- 13.14 Duty to correct defective Work ..........................13.11 Duty to Report -- Changes in the Work- caused by Emergency_ .................. .......... 6 23 Defects in Work of Others ............................ :.7.3 Differing c6ndit ions... ....... .................. 4.2.3 Discrepancy in Documents ........ -2.5, 3.3.2, 6.14.2 Underground Facilitiesnot indicated ........... 4.3.2 Emergencies, ................ ..................... ............. 6.23 Equipment and Machinery kcntal,'Cost of the Work ...........................................11.4.5.3 Fee--CostPlus,......... ! ................. 1.1 A.5.6, 11.5.I, 11.6 General Warmntv and G uariinici; .......................6.30 Hazard Communication Programs,,..,,-,,, 0.22 Indemnification ................ .... �, 1-). 6.16, 6.31-6.33 Inspection of the Work ..... ...... I .................... 1.3, 13.4 Labor, Materials andEqui- pment ......... 6.3-6. 5 Laws and Regulations, Compliance I by ............. 6.14.1 Liability Insurance ....... : .................. _ 5.4 Notice of Intent to Appeal;..; .................... :9.10. 10.4 obligation to perform and complete . the Work.......... ..........6.30 ........... Patent Fees and Royalties' paid for b.................6.12 Performance and Other Bonds... .............. _ .......... 5.1 Permits, obtained and paid for by ....................... 6,13 Progress Schedule 16, 2-8, ................. 2.9, 6.6, ........................................6.29. 10.4. 15.11 Request for formal decisionon disputes„--,,,,...... 9.11 Resporn§ibilities-- Changes in the Work ................ ...10.1 Concerning Subcontractors, Suppliers and Others 6.8-6.11 Continuing the Work .... . 6. . 29,10.4 CONMcNp kCTOF�s . erise ........................... 0,71 CONTRACTORs General Warranty And Guarantee ........... ......... 6.30 CONTRACtoki review prior to Shop Drawing or Sample submittal ................. 5.25 Coordination of Work,,,,,,,,,,,,, ............... 6.92 Emergencies, .............................................6.23 ENGINEER!s evaluation, Substitutes or "Or -Equal" Iterris ............................ 6.73 For Acts and Omissions of Other ** ....... ................ 6.9.1-6.9.2, 9.13 for deductible *Amountsjw'urance. .5.9 general ................................... 7.2. 7.3, 8.9 flazardws Communicition Programs.,..,_... 6.22 IndemnificatiM .................................. 0.31-6.33 EXI)C GENERAL CONDITIONS 1910.8 (1990 EDITION) W1 CITY OF FORT coLLrNs MODIFICATIONS (REV 9/99) Labor, Materials:and Equipment..............6.3-6.5 CONTRACTORS --other ......... ,__...... ..... ;...... ................ 7 Laws and Regulations, Contractual Liability Insurance,.. ... .............. _..5.4.10 Liability Insurance ........................................ 5.4 Contractual Time Limits .... ....... ........................ ......12.2 Article or Paragraph Number Notice of variation from Contract Documents........................................... 6.27 Patent Fees and Royalties............................6.12 Permits................... :................................... .13 Progress Schedule.......................................6.6 Record Documents.. ..... ........... ........... ...6.19 related Work performed, prior to ENGINEERs approval of required submittals..,,... ................................. 15.28 safe structural loading.................................6.18 Safety and Protection... . .......... __.6,240. 7.2,13.2 Safety, Representative :.... ......... ..........6.21 Scheduling the Wok..................................6.9.2 Shop Drawings and Samples ....................... 6.24 Shop Drawinggs and. Samples Review by LNGINEE•R.......................................6.26 Site Cleanliness ............... I .......................... 6.17 Submittal Procedures...................................6.25 Substitute Construction Methods andProcedures_ .................................... , 7-2 Substitutes and "Or -Equal" Items .... :........... 6.7.1 Superintende.. nce......................................... 6.2 Supervision..... . ...... .. ............... ........... . ........ . .6.1 Survival of Obligations6.34 Taxes.......................................................... :15 Tests and Inspections.., 1. ................ .......... 13.5 To Report........ Use of Premises .....................0.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal........................................6.25 Right to adjustment for changes in the Work10.2 right to claim,._,,....,,. 4, 7.1, 9A, 9..5, 9.11, 10.2,11.2, .11.9,12:1,13.9,14.8,15.1,15.5,17.3 Safety and Protection. 6.20-6.22. 7.2, 13.2 Safety Representative ......... ......................6.21 Shop DraWings,and Samples Submittal$ ....6.24.6.28 Special Consult arits........................................11.4.4 Substitute Construction Methods and Procedures_6.7 Substitutes and "Oe-Equal" Items; Expense .............. :................. .......... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others.......... 6.8-6.11 Supervision and Su perintenderice, ...... 61, E.2, 6.21 Taxesjay....:.... ............. 6.15 Use of Premises ........................................ 6.16-6.18 Warranties and guarantees ..........................6.5, 6.30 Warranty of Title ......... ........ ............................14.3 Written Notice Required-- CONTRACTOR stop Work or terminate........15.5 ReportsofDiffering Subsurface and Physical Conditions ....................... 4.2.3 Substantial Completion .............. ...............14.8 viii Article or Paragraph Number Coordination-- CONfRACTOR's responsibility ........................6.9.2 Copies of Documents ............................................... 2.2 Correction Period..................................................13.12 Correction, Removal or Acceptance of Defective Work-- in general ......... ....................... ...10.4.1,.1,3.10-13.14 Acceptance of Defective Work ... .................... _A3.13 Correction or Removal of Defective Work ......................... ........ 6.30, 13.11 Correction Period ...................... a ........... 13.12 ........... OWNER -May Correct Defective -Work. .....13.14 OWNER May Stop Work .................. .............. 13.10 Cost -- of Tests and Inspections.....................................13.4 Records11.7 Cost of the Work-- Bonds and insurance, additional ...................)1.4.5.9 Cash Discounts............................................11.4.2 CONTRACTORSs Fee ...... .....: ...........................11.6 Employee Expenses,,... ................................. 11.4.5.1 Exclusions to.................:......:.:........:........::.......11.5 General 11.4-11.5 Home office. and overhead expenses ....................11.5 Losses and damages.....................................11.4.5.E Materials and equipmen................................. 11.4.2 Minor expenses...........................................11.4.5.8 Payroll costs on changes................................11.4.1 performed by Subcontractors..........................11.4.3 Records 11.7 Rentals of construction equipment and machinery .................................... ...11.4-5.3 Royalty payments, permits and license fees . ...... .................................. ....11.4.5.5 Site office and temporary facilities ................11.4.5.2 Special Consultants, CONTRACTOR's......... _ 11.4.4 Supplemental .................................................11.4.5 Taxes related to the Work... ............. Tests and Inspection.... ......... I ......... ................... 13.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facilities .............. j 1.4,5.7 Work after regular hours.........,., ..............11.4.1 Covering Work ......... .....:. ......... ...........13.6-13.7 Cumulative Remedies ........... ....... .................... 17.4-17.5 Cutting, fitting and patching .......... :.:............. .......... 7.2 Data, to be furnished by OWNER ............................. $ 3 Day --definition of ................................................. J7.2.2 Decisions on Disputes, ............. ................. 9.11, 9.12 defective --definition of ......................... ................ ..1.14 defective Work -- Acceptance of :.......................... ............10.4.1, 13.13 EICDC GENF7tAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLM MODIRCATIONS (REV 9/99) Correction or Removal of 10.4.1, 13.11 Correction Period ------------- - 13.12 in general .........................................131. 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER .............. ; ...... I .......... 9.2 OWNER May Stop Work. . ................... ........... 13.10 Prompt Notice of Defects ...................................13.1 Rejecting.......................... ................................9.6 Uncovering the Work ...... ............................ 13.8 Definitions I Delays ...............................4.1, ...........*.........4.1, 6,29, 12.3-12.4 Delivery of Bonds .....................................................2.1 Delivery ofccrtificates.of insurancc, . ........................... 2.7 Determinations for Unit Prices,,.., 9.10 Differing Subsurface or Physical Conditions - Notice of ", ...... .... .................... .. ..... " ' " "' 4.2.3 . ENGINEER's Review ........... ............................ 4.2.4 tr Possible Conact Documents Chang� ............ _.4.2.5 Possible Price and Times Adjustments .............. 4. 16 Discrcpancies=Reporting and Resolving.: .............................. 25, 3.3.2, 6,14.2 Dispute Resolution - Agreement ................................... I ............. 16.1-16.6 Arbitration ....... ............... 161-16.5 genera116 Mediation ....... i._ ................. ........... 1 6.6 Dispute Resolution Agreement, ......................... t6,1-16.6 Disputes, Decisions by ENGINEER .................... ci. 11-9,12 Docurn ents- - Copies of..........._...... 2.2 Record 6.19 Reuse of * ........... * .................. ......... 3.7 ............... ""' Drawings -definition of... ........ .......... 1.15 Easements .............. 4.1 Effective date of Agreement -- definition of .............. ).16 Emergencies ....... ..................... 73 ENGINEER - as initial interpreter on disputes,,,,,,,,,,,,,,,; 9.11-9.12 definition of,,,,,,,,,,,,,,,,,, _ ....................... L17 Limitations on authority and responsibilities,,.,,. . 9.13 Replacement of....................................................8.2 . Resident Project Representativ'e, ...... I..................... 93 ENGINEER!s Consultant -- defimition of 1.18 ENGINEER!s-- authority and responsibility, limitations op... ..... 9.13 Authorized Variations in the Work .... .9.5 Change Orders, responsibility fq_ ....... 9.7, 10, 11, 12 Clarifications and Interpretatioris ................ 3.6.3,9.4 Decisions on Disputes ......... ** ............ 9.11-9.12 defective Work, notice of ..1. I ....... I ....... 13.1 Evaluation of Substitute Items,,,,,,,,,,,,,,,,,,,,,,"* .... 6.7.3 Liability ...................... Notice Work is Acceptable.---_ ....... .......... __J4.13 Observations .................................... ....... 6,30.2, 9.2 OWNER's Representative .................................... 9.1 .Payments to the CONTRACTOR, Responsibility for,,,,,,,,-„-, I . I � .............. ...... 9.9. 14 Recommendation of Payment... ................ J4_4, 14.13 Article or Paragraph Number Responsibilities --Limitations on ................ 9.11-9.13 Review of Reports on Differing Suibisurthce and Physical Conditions .............................. 4.2.4 Shop Drawings and Samples, review responsibility.. ... I .......... ............. ......... ...... 6.26 : Status During Construction - authorized variations in`the Work... ............... P.5 Clarifications and Interpretattorip ........... ...... 9.4 Decisions on Disputes ** ........ 9.11-9.12 Determinations on Unit Price 9.10 ENGINEER as Initial Intcroreter ..... ---- 9.11-9.12 ENGINEER'S Responsibilities ................ 9.1-9.12 Limitations on ENOINEERs Authority and ResponAilities, ................... .... 9.13 OWNER's Representative ...... : ........................ 9-1 Project RePre'SentatiVe...................................9.3 Rejecting Defective Work ............................... 9.6 Shop Drawings, Change Orders and Payments ................................. _ 9.7-9.9 Visits to Site Unit Price determinations Visits to Site ............. .......................... .....9.2 Written consent required ...... ......... * ....... 7.2,9.1 Equipment, Labor, Materials and ...... * .................. 6.3-6.5 Equipment rental, Cost of tho, Work 11.4.5.3 Equivalent Materials and Equipment,---„-,,,,,-,-,_„-,_„. 6.7 error or omissions ..................................................0.33 .... .. ............I".........................0.33 Evidence of Financial Arrangements„_ 11 ... ?.I I Explorations of physical conditions ........................ 42.1 Fee, CONTRACTOR!s-Costs Plus,..... .._ ............ 11.6 Field Order -- definition of ..... .......................................... ... 1.19 issued by ENGINEER. . .............................. 3 ' 6.1.9.5 Final Application for Payment.,.,.;,-..„. : .... ... 14.12 Final Inspection ............. .: ...................................... 14.11 Final Payment - and Acceptance..,,. ............ 14.13-14.14 Prior to, for cash allovences General Provisions, .......................................... 17.3-17.4 General Requirements - definition of 1.20 principal references to..............2.6 6A, 6:6-6.7, 6.24 Giving Notice...........-_- ....... ..... 17.1 Guarantee of Work -by CONTRACTOR., ...... �30, 14.12 Hazard Communication Programs__,,., o-22 hazardous Waste -- definition of ...................................................... 1.21 general..... _ ..- -_ .......... .... ------ ............. ....... 4.5 OWNER's responsibility for ............................... A10 ri,icw GENERAL CONDITIONS 1910.8 (1990 ED111 ON) W/ MY OF FORT COLONS MODIFICATIONS (REV 9199) Indemnification........._.._ ........ ....... 6.1) 6.16, 6.31-6.33 Initially Acceptable Schedules..,..... I ............ .......... 2.9 Inspection -- Certificates of,,,,,, ; .............9.13.4, 13.5. 14.12 Final................. ......... ................................ 14.11 Article or Paragraph Number Special,.Tequired byENGINEER,_ .... ........ ........ 9.6 Tests and Approval ......................... $.7, 13.3-114 Insurance - Acceptance of, by OWNER, . ...... ........ ..... 5,14 Additional, required, by changes .in the Work ........... .......... .......... 11.4.5.9 Before. starting the Work ........................ ........ I ... 2.7 Bonds and --in general..........................................5 Cancellation Provisions ................... 5.8 Certificates of ............ ....... 2.7, 5, 5.3, 5,4.11, 5,4,13, 5.0.5, 5.8, 5,14, 9,13.4, 14.12 5.4-13 CONTRACTOR' sLialiflity ....... .......................... 5.4 CONTRACTOR's objcction to coverage .............. 5.14 Contractual Liability ....................... 5.4.10 deductible amounts, CONTRACTOR's responsilbility ................................................5.9. Final Application for Payment ..........................14.12 Licensed Insurers Notice requirements, material changes ...... :,5.8, 10.5 Option to Replace . ..................... ....... 5.14 other special insurances,; ................ ................. 5.10 OWNER as fiduciary for insureds .............. 5.12-5,13 OWNER's Li;ihiia"y ...................... . ............ . -5.5 OWNER's Responsibility„,,,,,,,,,,,,,, ... I .... I ..... ..... 8.5 Partial Utilization, Property Insurance ................ 5.15 Property..................................................... 5.6-5.10 Receiptand Application of Insurance Proceeds, ............................................. 5.12-5 ' 13 Special Insurance .............................................. 5-10 Waiver of Rights_ .... _ ....................... .............. 5.11 Intent of Contract Documents ... ................ 4 Interpretations and ClarificationA ..................... 3.6-3,9.4 Investigations of physical conditions ........ ................4.2 Labor, Materials and Equipment .... ............ :_63-6.5 Lands -- and Easements ...................8.4 Availability of ........ I .................................... A-118.4 Reports and Tests ........ .................... .............. 8.4 Laws and Regulations --Laws or Regulations— Ponds............. .......................................... 5.1-5.2 Changes in the Work ........................................10.4 Contract Documents ......... ......... I .................... 3.1 CONTRACTOR's Responsibilities .....................6.14 Correction Period, defective Work,;,,,,,,,,,,,,,,, 13.12 Cost of the Work, taxes................................11.4.5.4 definition of..........- ................. _12 ..... 22 gcneraI6.14 Indemnification 6.31-6.33 Insurance ...... ..................... * .......... * ... * ... * ........... * 5-3 Prcccdc.. .ncc ............................. ...... 3.3.3 Reference to 3.3.1 Safety and Protection .... ........... ........... ... 6.20, 13.2 Subcontractors, Suppliers and Others ............ 6.8-6-11 Article or Paragraph Number Tests and Inspections.-, ... 1. ... 1. I ... I... I ... 1 ... 13.5 Use of Premises ............... .................................. 6.16 Visits to Site .......................... 9.2 Liability Insurance-- CONTRACTOR's .............................................. JA OWNER's_ ................................ ........................ 5.5 Licensed Sureties and Insurers ................................. 5.3 Lions-- Application for Progress Payment.......................14.2 CONTRACTOR's CTOR's Warranty I of "ritic. . .................. 14.3 Final Application for Payment ..........................14.12 definition of ........................... .............. 1.23 Waiver of Claims ........ j4,15 Limitations on ENGINE ER's authority and responsibilities ..................................................9. Limited Reliance by CONTRACTOR * .................... ** ....... * ........... Authorized ... * ' 4.2,2 6�............................................ Maintenance and crating Manuals-- Final Application for Payment .........................14.12 Manuals (of others) -- Precedence Reference to in Contract Documents,_ .............. 33.1 Materials and equipment - famished by CONTRACTOR......_...-._._....._----- - 63 not incorporated in Work., ................... -14.2 Materials or equipment --equivalent. .............. 6.7 Mediation (Optional) .............. .............................16.7 6.7 Milestones --definition of ........................................ 3.24 Miscellaneous, Computation of Times ...... Cumulative Remedies .............. I.......:................. 17.4 Giving Notice ....................................................17.1 Notice of Cla, im 17.3 Professional Fees and Court Costs Included,,..,,__ 1 T 5 Multi -prime contracts,.. ............................................. .7 Not Shown or Indicated......... .......... ....... Notice of -- Acceptability of Ptojeck... ................. ............... 14.13 Award, definition of ........ .................. _ ............ j.25 Claim J.73 Defects.111 Differing Sifturface or, Physical Conditions ....... 4.2.3 Giving...... .................... ............ I ............ I ....17.1 .. Tests and Inspections ........................................13.3 Variation, Shop Drawing and Samplc.................6.27 Notice to:Proceed- definition of, 1.26 givingof .... _ .............................................. .... _13 EJCDC. GENERAL CONDITIONS 1910-8 (1990 EDI-TION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Notification to Surety .......... ........ ... .................. ..... .10.5 Observations, by ENGINEER ..................._._._.6.30, 9.2 Occupancy of the Work ................... 5.15, 6.30.2.4," 14.10 Omissions or acts by CONTRACTOR : .............. 6.9, 9.13 Open Peril policy form, Insurance....., ..... _ I .......... .5.6.2 Option to Replace....................................................5.14 Article or Paragraph Number "Or Equal" Items ......................... ................ _............ 6.7 Other work 7 Overtime Work --prohibition of ................................. 6.3 OWNER -- Acceptance of defective Work.. ......................... 13.13 appoint an ENGINEER ......... ............. ................8.2 as fiduciary ............................. ............... ...5.12-5.13 Availability of Lands-, responsibility ..................... 4.1 definition Of,.-., ... .......... _ .................... .......... 1,27 data, furnish................ 8.3 May Correct Defective'Work ..................... ......1.3.14 May refuse to make payment ...........................1 14.7 May Stop the Work ...... ............... ........ .:.. 1.10 May Suspend Work, Terminate .........................._8.8, 13.10, 15.1-15.4 Payment, make prompt. .................... x 3, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirements ........ ..:....... C.13 purchased insurance requirements ....... ....... 5.6-5.10 OWNER's-- Acceptance of the Work...............................6.30.2.5 Change Orders, obligation to execute,,,.,,.... 8.6, 10.4 Communications .........:..................................... 8.1 Coordination of the Work., ...... .................. __.....7.4 Disputes, request for decision ...........................9.11 Inspections, tests and approvals..................8.7; 13.4 Liability Insurance ... ......... ......................... .........5.5 Notice of Defects..............................................13.1 Representative --During Construction, ENGINEER's Status. ,...... .............................. 9.1 Responsibilities-- Asbestos, PCBs, Petroleum, Hazardous ,Waste or Radioactive Material................8.10 ChangeOrders..............................................8.6 .. Changes in the Work.__--.. .... ........ 10.1 communications...:........................................8.1 CONTRACTOR's responsibilities .................. 8.9 evidence of fiitancial arrangements...............8. I I inspections, tests and approvals-, ...... ...... 8.7 insurance.............. . .............................. ........5.5 lands and easements.....................................8.4 prompt payment by .............. .......................8.3 : replacement of ENGINEER_,_., .... .............. 8.2 reports and tests- ........ ....... ........ ...... -8.4 stop or suspend Work .................. 8.8, 13.10, 15.1 terminate CONTRACTOR's services........................._......._._...8.8, 15.2 separate representative at site; 9.3 testing, independent, ...... ................... ............. 13.4 use or occupancy of the Work ......................... 5.15, 6.30.2.4, 14.10 written consent or approval required..........................................9.1, 6.3, 11.4 EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLONS NIODIRCA116NS (REV 9199) Article or Paragraph Number written notice required....... .................. 7.1, 9.4, 9.11, ............ .......... .............. U2, 11.9, 14.7. 15.4 PCBs -- definition of......................................................1.29 general... ...... ................................ ................... 4.5 OWNER'S responsibility for...............................MO Partial Utilization — definition of.. ................... ............... _ ......... .... ).28 general6.30.2.4, 14.10 Property insurance ...................................... :..... 5,15 Patent Fees and Royalties ........................ :............... 6.12 Payment Bonds. ............ .................. ..... 5.1-5.2 Payments, Recommendation of..............14.4-14.7, 14.13 Payments to CONTRACTOR.and Completion -- Application for ProgressPayments ......................)4.2 CONTRACTOR'sWarranty ofTitle .............. _. 14.3 Final Application for Pa}Thent.........................14.12 Final Inspection...............................................14.11 Final Payment and Acceptance ............ ..14.13-14.14 general........................................................3.3, 14 Partial Utilization ........................................... 14.10 Retainage......................................................... 14.2 Review of Applications for Progress Payments ......................... ....... 14.4-14.7 prompt payment . ................................................. $.3 Schedule of Values..........:..................................14.1 Substantial Completion...............................14.8-14.9 Waiver of CIaims............................ ................. 14,15 when payments due ................................ 14.4, 14.13 withholding payment...._............_...--.-_...........14-7 Performance Bonds ................. ........................... 5.1-5.2 Permits .................................... 6.1 3 Petroleum -- definition of.....................................................1.30 general............................................... I .............. 4.5 OWNER's responsibility for...............................8.10 Physical Conditions -- Drawings of, in or relating tq........................ 4.2.1.2 ENGM.ER's review ............. ......... ........ 4.2.4 existing structures ........ .... .._ .......................... ._2.2 general4.2.1.2. ........................... ................. Notice of Differing Subsurface or......................4.2.3 Possible Contract Documents Change...............4.2.5 Possible Price and Times Adjustments,,,,,,,,,,,,, 4.2:6 Reports and Drawings ..................................... 4.2.1 Subsurface and ................. ............. ..................... 4,2 Subsurface Conditions... . ..... ............... ...... A2. 1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4.2.2 Underground Facilities-- general ... ......... ......:.............. ....................... 4.3 Not Shown or Indicaed..............................4.3.2 Protection of.........................................4.3, 6.20 Article or Paragraph Num ber Shown or Indicated...........:....................................4.3.1 Technical Data ............................................... 4.22 Preconstruction Conference........................................2.8 Preliminary Matters,. -------- Prelim inary Schedules.., .................... ...................... 2.6 Premises, Use of ...................................:......... 6.16-6.18 Price, Change of.Contract..........................................I I Price, Contract--dermition of .............;.................... 1.11 Progress Payment, Applications for ....................... ...14.2 Progress Paymcnt--rctainage...................................14.2 Progress schedule, CONTRACTOR's............r.6,.2.$, 2:9, ..... I..... I ........ I ..... ...:... 6.6, 6.29, 10.4, 15.2.1 Project --definition of ........... .................................... 1-31 Project Representative-- ENGiNEER's Status During Construction .......... ,93 Project Representative, Resident --definition of ... 1.33 prompt payment byQWNER.....................................8-3 Property Insurance-- Additional.........................................................5.7 genera15.6-5.10 Partial Utilization ..................... ........... 5.15, 14,10.2 receipcand application of proceeds...,,,,_,...5.12-5.13 Protection, Safety and .......... ............ ........ 6.20-6.21, 132 Punch list ..::....................:......... .. ........... 14.11 Radioactive Material-- defmtion of .......:..:...:...................... ..:..:....:....... 1.32 genera14.5 OWNER's responsibility for . ......................... .....$.10 Recommendation of Paymcnt.................14.4, 14:5, 14.13 Record Documents............................._.._,..-..6.19, 14.12 Records, procedures for maintaining,,,,,,,,,,,,,,, 8 Reference Points.......................................................4.4 Reference to Standards and Specifications of Technical Societies.........................................3.3 Regulations, Laws and(or)...................................... 6.14 Rejecting DefectNe Work ..........................................9.6 Related Work -- atSite ... ................. ............... .....................7.1-7.3 Performed prior'to Shop Drawings and. Samples submittals review....................6.28 Remedies, cumulative ................ ............. ......... 17.4, 17.5 Removal or Correction ofDefective Work..__;,_..._....13.11 rental agreements, OWNER approval require ....11.4.5.3 replacement of ENGINEER by.OWNER....... ............. ;8.2 Reporting and Resolving Discrepancies................................2.5,,3.3.2, 6.14.2 Reports -- and Drawings..........;......................................4.2.1 and Tests, OWNFR's responsibility. . .............. 8.4 Resident and Project Representative -- definition of, ................... ......................... ......1.33 provisionfor............................................................ 9.3 xii EX -DC GENERAL CONDITIONS 1910-8 (1990 MITION . w! CITY OF FORT COLUNS MODIFICATIONS (REV 9/99) Article or Paragraph . Num ber Resident. Superintendent, CONTRACTOR$ ....... - -, 6.2 Responsibilities-- CONTRACTOR's-in general.-" ............................... 6 ENGINEER's-in general ..................................... .9 Limitations on.............................................9.13 OWNERs-in general,.,,,,,,, .......8 Retainage ............ .1-4.2 Reuse of Documents ................. :.........................._...3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ..........................6.25 Review of Applications.for Progress Payments ............................. .....14.4-14.7 Right to an adjustment... ......... _ ............ ............ _10.2 Rights of Way.. ..... ........ .. _ ..... 4.1 Royalties, Patent Fees and,_.,.,,,,-„,,,,,,,,,,,,,,, ,,,,,,,,,,6.12 Safe Structural Loading..........................................6.19 Safety -- and Protection................................4.3.2, 6.16, 6.18, .....................................6.20-6.21. 7.2. 13.2 genera( ................... .............5,20-6.23 . .................... Representative, CONTRACTORs.....................:6.21 Samples -- definition of............................................ 1.34 general ..:......:..... ... 6.24-6.28 Review by CONTRACTOR ............................... 6.25 Review by ENGINEER,..............................6-26, 6.27 related Work...........................................:.........6.28 submittal of ............................ 6.24.2 submittal procedures................... ....... ......0.25 Schedule of progress ........................... .2.6, 2.5-2.9, 6.6. .........................................6,29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals.............................2.6, 2.8-2.9, 6.24-6.28 Schedule of Values.. ...................... .2.6, 2.8-2.9, 14.1 Schedules -- Adherence to;, 15.2.1 Adjusting... ............................ .......................... ..6.6 Change of Contract Times .................10.4 Initially Acceptable ................... ................. 2.8, 2.9 Prelim inary ........................................................2.6 Scope of Changes ..................................... 10.3-10.4 Subsurface Conditions,,,,,,,,,,,,, 4.11.1 Shop Drawings -- and Samples, general., ............................... 6.24-6:28 Change Orders & Applications for Payments, and .................................... .....9.7-9.9 definition of,,, ...1.35 ENGINEER's approval of.................................3.6.2 ENGINEER's responsibility for review ..................................... 9.7, 6.24-6.28 related Work ........ .............. ......_......................6.28 review procedures................................2,8, 6.24-6.28 Article or Paragraph Number submittal required,.... ......................... __ ............. 6.24.1 Submittal Procedures........................................6.25 use to approve substitutions .............................. 6.7.3 Shown or Indicated,,, Site Access ...........:.........: 7,2, 13.2 Site Cleanliness..................................................... 6.17 Site, Visits to -- ;by ENGliJEER...........................................9.2, 13.2 by others....... ............. 13.2 "special causes of loss" policy form, insurame....................................................... 5.6.2 definition of :. ........ ........................... :............ ...1.36 Specifications- defination of ....... .................................. ....... ....1:36 of Technical Societies, reference to ...................3.3:1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies ..................... 3.-3 Starting Construction, Before,,,,,,,,,,,,,,,, ,,, 25-2.8 Starting the World,,,,,,,,,,,,, 2 4 Stop or Suspend Work-- . . by CONTRACTOR...........................................15.5 by OWNER ....:.............. I .... :............8.8, lilo, 15.1 Storage of materials and equipment ...................... 4.1, 7.2 Structural Loading, Safety............, ..............:.......:....6.18 Subcontractor — Concerning,,,,,,,,,,,,,,,,,,,, ........................... ti.8-6.11 definition of ...................: ............................... ..1.37 delays .................. 12.3 waiver of rights................................................0.11 Subcontractors --in general ........... ....... ............... 6.8-6.11 Subcontracts --required provisions,.,,,,,-- 5.11, 6.11, 11.4.3 Submittals-- Applications for Payment .............................. .14.2 Maintenance and Operation Manuals," 14.12 Procedures ............ ..................................... ..... 6.25 Progress Schedules:......., . .........2.6, 2.9 Samples........ ............. ..............................6.24-6.28 Schedule of Values....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions.„ 26, 2.8-2.9 Shop Drawings ............... ............. 6.24-6.28 Substantial Completion -- certification ofI -,,,,,,,,,-„_6.30.2.3, 14.8-14.9 definition of, ............. .... ; .. ........1.38 Substitute Construction Methods :or Procedure$ ........ 6.7.2 Substitutes and "Or Equal" ttcm...... ."--,...,,.. 6.7 CONTRACTOR's Expense ........................... 0.7.1.3 ENGINEER's Evaluation,,,,,,,,, ,,,,, 6.7.3 "Or -Equal."- .................... I .. 6.7.1.1 Substitute Construction Methods EICDC OLN[RAL CONDITIONS 1910.8 (1990 EDITION) wf CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number or Procedures.............................................6.7.2 Substitute Items 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatng to,,,,,,,,,,,,,,,,,,,,,,,, 4.2.1.2 ENGINEER's Review 4.2.4 genera..............................................................4 2 Limited Reliance by CONTRACTOR Authorized ..................................:....:.:....... 4.2.2 Notice of Differing Subsurface or Physical Conditions .............................. Physical Conditions..............................-........4.2.1.2 Possible Contract Documents Chang. e........ ..... _4.2.5 Possible Price andTimes Adjustments., ........ 4.2.6 Reports and Drawings.:...:.._............................4.2.1 Subsurface and .............. 4.2 Subsurface Conditions at the Site ,,,,,,,,.„.....„•4.2.1.1 Technical Data ...................... ........4.12 Supervision— CONTRACTOR's responsibility .............. ........ .1 OWNER shall not supervise ................... ............. 8.9 ENGINEER shall not. supervise,,,,,,,,,,,,,,,, 9,2, 9.13.2 Superintendence .................. ............ I............... I ........ .2 Superintendent, CONTRACTOR's resident...............0.2 Supplemental costs ..........:....... i:........ .......... ......... 11.4.5 Supplementary Conditions -- definition of ......................... .......................1.39 principal references to.................).10, 1.18, 2.2, 2.7, .......... - - - _..4-2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, .............. 1.5.11,6.8,6,13,7.4,8.11,9.3,9.10 Supplementing Contract Documents ...........................;.6 Supplier -- definition of.....................................................1.40 principal references to,,,,3.7, 6.5, 6,8411, 6.20, :..6.24, 9.13, 14.12 Waiver of Rights...............................................6.1 1 Surety -- consent to final payment .......................14.12, 14.14 ENGINEER has no duty to................................9,13 Notification of..................................1Q.1. 10.5. 15.2 qualification of ....... ...................... .............. ..5.1-5.3 Survival of Obligations ....................:...................... 6.34 Suspend Work, OWNER May ........... I ........... 13.10, 15.1 Suspension of Work and Termination- .....................15 CONTRACTOR May Stop Work or Terminate... ...... I......................15.5 OWNER May Suspend Work ............................ 1.5.1 OWNER May Terminate ....................... .... 15.2-15.4 Taxes --Payment by CONTRACTOR. ....................... 6-15 Technical Data -- Limited Reliance by CONTRACTOR„...............4.2.2 Possible Price and Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions...................................A.2.3 xiv -rem porary construction faci I itics __ ... . .. ......... .. .__.. --_ 4,1 Article or Paragraph Number Termination — by CONTRACTOR _............... 15.5 by OWNER ........................................ �.8, 15.1-15.4 of ENGINEER's employment...............................8.2 Suspension of Work-in general,,,., ................... .....15 Terms and Adjectives................:.............................3.4 Tests and Inspections — Access to the Work, by others ...........................13.2 CONTRACTOR's responsibilities ......... ... 13.5 cost of 13.4. covering Work prior to .................. ........... j3.6-13.7 Laws and Regulations (or), 13.5 Notice of Defects,........ .. ,-....13.1 OWNER May Stop Work .... ....... ........ .............. 13,10 OWNER's independent testing .... ...................... j3A special, required by ENGINEER .........................y.6 timely notice required ..... ......... „;............13.4 Uncovering the Work, at ENGINEER's request ........ ........................................ 13.8-13.9 Times -- Adjusti ng......... :................................ ................. .6 Change of Contract.............................................12 Computation of......................................I.........17.2 Contract Times--defmition of ........ :........ .:..... ...1.12 day...................................................17.2.2 Milestones ....................................... ............... ...12 Requirements -- appeals............. ............................ ....... 9.10, 16 clarifications, claims and disputes..................9.11, 11.2. 12 Commencement of Contract Times2.3 Preeonstruction Conference ...........................2.S schedules ......................................... 2.6, 2.9, 6.6 Starting the Word.........................................2.4 Title, Warranty of....................................................14.3 Uncovering Work........................::.........I.........13.8-13.9 Underground Facilities, Physical Conditions -- definitionof....................................................1.41 Not Shown cr Indicated.-, .... ....... ..... ,------- 4.3.2 protection of .................. ....... ................... ..4:3, 6.20 Shown or Indicated..........................................4.3.1 Unit Price Work— claims.........................................................11,9.3 definition of..................................I.................1.42 general] 1.9, 14.1, 14.5 Unit Prices -- general 11.3.1 Determination far9.10 Use of Premises; 6.16, 6.18, 6:30.2.4 Utility owners ............ ................. ¢,13. 6.20, 7.1-7.3, 13.2 Utilization, Partial ................... 1,28.5.15. 6.30.2.4. 14.10 Value of the Work............ .............. _.11.3 Values, Schedule of_......_....................2.6. 2.8-2.9, 14.1 E1CllC GENERAL CONDITIONS 1910.8 (1990 6DIT10N) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199.) City of Fort Collins ADDENDUM No. 3 SPECIFICATIONS AND CONTRACT DOCUMENTS Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing Description of RFP 7078: Power Trail Keenland Drive to Trilby Road OPENING DATE: 3:00 P.M. (Our Clock) October 15, 2009 To all prospective bidders under the specification and contract documents described above, the following changes are hereby made. GENERAL CLARIFICATION: 1. Bid Item #4 — Erosion Control has been revised (see attached 01800 Definition of Bid Items). The City of Fort Collins will require an erosion control supervisor and a SWMP plan per the State of Colorado Stormwa.ter Discharge Permit application. 2. If Silt fence is needed and installed along the west side of the proposed trail it can double as the limits of disturbance fence. 3. Bid Item #15 quantity of 30,488 SF was determined by taking the Centerline LF of both the colored and regular concrete with the over excavation of 2' either side of the trail that would need to be restored. This item is a unit price item and will be measured and paid based upon approved field quantities. 4. Bid Item #16 will be measured for payment 5. The extent of clear and grub in Bid Item #6 will be approximately a 4' x 20' area of willows and one Russian Olive Tree located north of the 36" RCP location 6. Sanitary Facilities will be the contractors responsibility per SECTION 01000 — PROJECT SUMMARY, PART 1 —GENERAL, 1.13 A. 7. The city does require a CPM Schedule per Section 1310 - CONSTRUCTION SCHEDULES. It is not required to be in Microsoft Project. 8. Proposed Trail Fence (By Others) is currently being installed and will be completed the week of Oct 12th. The Proposed 4' and 10' gates (By Others) will be installed after the trail project to allow for construction of the bridge. 9. Bid Item #10 is for the non -colored 8' sidewalk connection. disposed of properly and legally. Any cleaning or maintenance of small equipment that cannot be done inside the concrete washout - will be required to be done within a containment device (CONTRACTOR TO SPECIFY HERE) and the liquid disposed of properly and legally. In the event of any spill, the SWMP Administrator shall be immediately notified. Spills can be broken into three categories. Their definitions and the procedures required to address the spills are as follow: Minor Spill — A spill generally of less than 5 gallons which is unlikely to reach adjacent waters (i.e. equipment leak). Procedure: a. Stop the source of the spill. b. Contain the spillage. c. Contact the SWMP Administrator. d. Clean up the spill with on site absorbent material. e. Dispose of the dry material property or legally. f. Document the spill and the response in the SWMP including dates and times — verify that the pollutants are completely cleaned up. g. Include incident in the following training meeting. h. Provide information to the City of Fort Collins at the next regular inspection. Significant Spill — A spill of pollutants or oils of any size that will likely or has reached adjacent waters, may endanger health or the environment, or which may cause an exceedance of a water quality standard. Procedure: a. Stop the source of the spill. b. Contain the spillage. c. Contact the SWMP Administrator. d. Clean up the spill with on site absorbent material. e. Dispose of the dry material property or.legally. f. Document the spill and the response in the SWMP — verify that the pollutants are completely cleaned up. g. Notify the City of Fort Collins, contact Craig Kisling (970) 221- 6367 and the Colorado Department of Public Health and Environment spill reporting line (877) 518-5608 of the spill. IF Variations in Work --Miner Authorized_..............................._.....6,25, 6,27.9.5 Article or Paragraph Number Visits to Site --by ENGINEER .................................... 9.2 Waiver of Claims --on Final Payment..... ......... .... 1 4.15 Waiver of Rights by insured parties..................5,116.11 Warranty and Guarantee, General --by CONTRACTOR................................................6.30 Warranty of Title, CONTRACTOR's..............I.........14.3 Work --- Access to 13,2 by others,'-- .. .... * .............. ......... thers.................................................... * .............7 Changes in the .......................... ..10 Continuing the,., .............................................. 6.29 CONTRACTOR May Stop Work or Terminate ................................... ........... 15.5 Coordination of.. ... I ...... __ ....... .................. 7A Cost of the ............................... ...............11.4-11.5 definition of., - .............................................. 1.43 neglected by CONTRACTOR...; ........................ 13.14 other Work ................ ........................................ 7 OWNERDIhy Stop Work._..............................13.10 OWNER May Suspend Work ................... j 3.10, 15.1 Related, Work at Site....................................7.1-7.3 Starting the,.,.... ................:............... 2A ................... Stopping by CONTRACTOR .......................... ... I'5.5 Stopping by OWNER.:...............................15.1-15.4 Variation and deviation authorized, minot.... ...... 3.6 Work Change Directive -- claims pursuant to.............................................)0.2 definition of principal references to .............„,,.._, 3.5.3, 10.I-10;2 Written Amendment -- definition of ....... ,.............................................. 1.45 principal references to...............I i 10, 3.5, 5.10,15.12, ........................6.6.2, 6.S.2; 6.19. 10.1, 10A. .................... ........ t 1.2, 12.1, 13.12.2, 14.7.2 'Written Clarifications and Interpretations .... ....................... __... 3.6.3, 9.4: 9.11 Written Notice Required — by CONTRACTOR ...........................7.1, 9.10-9.11, ......................................... _ 10.4, 11.2, 12.1 by OWNER .................... 9.10-9.1 1, 10A, 11.2, 13.14 xv L'ICDC GENERAL CONDITIONS 1910.5 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) (This page left blank intentionally) xvi EICDC GL•NERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GENERAL CONDITIONS ARTICLE 1--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terns have the meanings indicated which are applicable' to both the singular and plural thereof. 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents, 1Z Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed, other Contract Documents are attached to the Agreement and made a part thereof, as provided therein. 1.3. Application for Payment —The form accepted by E'NGiNEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by `such supporting "documentationas is required by the. Contract Documents. 1.4. Asbestos --A iy material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the. prescribed form setting forth the prices for the Work to beperformed. 1.6.' Biddln$ Doctmtents—The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Regtdrements--The advertisement or invitationto Bid, instructions,to bidders, and the Bid form. 1.8. Bondi=Performance and Payment bonds and other instruments of security. 1.9. Change Oder —A document recommended by EN,R,MR which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.i0. Contracl Docunents=The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid .and any post Bid documentation submitted -prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC GENEtAL CONDITION51910-8 (1999 E(itim) w/ CITY OF FORT COLLINS MODIFICATIONS (REv 4n000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders Work Change Directives, Field Orders and E4G]2,TEER's written interpretations and clarifications issued pursuant to paragtaphs3.5, 3.6.1 and.3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.' 6 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price -The moneys payable by OWNER toCONTRACTOR for completion of the Work- in accordance with the Contract Documents as stated in the Agreement (subject to .the provisions of paragraph 11.9.1 in the case of Unit Price Work).. 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) :to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final pa y,,mment as evidenced by ENGINEER's written recommendation of final payment to accordance with paragraph 14.13. 1.13. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement 1.14. defective —Art adjective which when modif},ing the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not confirm to the Contract Documents, or does not meet the requirements of any mspection reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final ,r6yment (unless responsibility for the protection thereof has been assumed by OWNE %t Substantial Completion in accordance with paragraph 14.8 or 14,10), 1.15, Drawings --The drawings which show the scope, extent and character of the Work .to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the, Contract Documents. Shop drawings are not Drawings as so defined 1.16. Effective Dote of the Agreement -The date indicated in the Agreement on which' it becomes effective, but if no such date is indicated itmeans.the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGIREER—The person, fret or corporation named as such in the Agreement: 1.18. ENGIAE'ER s Consultant —A person, firm or corporation having a contract with ENGINEER tofumish services as ENGINEER's independent professional associate or consultant with.respect.to the Project and who is identified;as such in the Supplementary Conditions. 1.19. Field Order A written order'. issued by ENGINEER which orders mirror changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the ContractPrice or the Contract Times. 1 20, General Requirements -Sections of Division 1 of the Specifications. 1 21, Hazardous Waste -The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time.to time. 1 22:a. Laws and Regulations; Laws or Regulations -Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction 1.22:b, Lezal Holidms--shall be those holidays observed by the City of Fort Collints. 1.23. Liens -Liens, charges, seatrity interests or encumbrances upon real property or personal property. 1.24, Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Cgrtipletion of all the Work. 1,25. Notice ofAward-A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precederit enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations. under the Correct Documents. 1.27. OFYNER-The- public body or authority, corporation, association, firm or ..person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 128. Partial Utilization -Use by. .OWNER of a substantially completed part of the Work for the purpose for which it. is, intended (or a related purpose) prior to Substantial Coitipletion of all the Work 1 29. PG3s-Polychlorinated biphenyls. 1.30. Petroleton-Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oilsludge, oil refuse, gasoline, kerosene and oil mixed with.other non -Hazardous Wastes: and crude oils. l3j1 Project -The total construction of which the Work - to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents, 1.32.a. Radioactive ALaterial-Source, special nuclear, or byprodiict material as defined by the Atomic Energy Act of EICDC UEN'ERAL COND111ONS 19105 (1990 Editim) a•/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 1954 (42 USC Section 201-1 et seq) as amended from time to time. 132.b. Regular R'oririnz Hours -Regular working hours are defined as 7:00am to 6:00pm unless otherwise specified in the General Requirements. 1.31 Resident Project.Represenntative-The authorized representative of ENGINEER who may be assigned to the site or, any part thereof. 134. Samples -Physical e)atples of materials, equipment, or workmanshipp that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Dranings -All drawings, diagrams, illustrations, schedules and other data or information which arc specif 'ally prepared or assembled by .or for CONTRACTOR .and submitted. by CONTRACTOR to illustrate some portion of the Work. 136. Specifications -Those portions of the Contract Documents consisting of written technical descriptions of materials equipment, construction systems, standards and workmanship as applied to the Work .and certain administrative details applicable thereto. 1.37. Subcontractor -An individual, firm or corporation having a.direct contract with CONTRACTOR orwith any other Subcontractor for the perfonnancc of a part of the Work at the site. 138. Substantial Completion -The Work (or a specified part thereof) has progressed to thepoint. where, in the opinion of ENGINTFER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in, accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER'S written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied.to all or parr of the Work refer to Substantial Completion thereof. 1.39. Supplementap, Conditions -The part of .the Contract. Documents which amends or supplements these Geneial..Conditions. 1.40. Supplier -A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to fimiish,materials.or equipment.to be. incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Undergtntand Facilities -All pipelines; conduits, ducts, cables, wires, manholes; vaults, tanks, tunnels or other such facilities. or attachments, and any cricasements containing such facilities which have been installed underground to fir mush any of the following services or materials; electricity, gases, steam, liquid petroleum products, telephone or other communications; cable television, sewage and drainage removal, traffic or other control systems or water. 1.42, Unit Price {York=Work, to be paid for on the basis of unit prices. 1.43. Work —The entire completed construction or the various separately identifiable parts thereof required to be f irnished under the Contract Dociuents. Work includes and is the result of perforating: or furnWting labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required_ by the Contract Documents. L44. Rork Charge Directive —A written directive to CONTRACTOR, issued on or after the EQec4ve Date of the A reement and signed by OWNER and recommended by ENGINEER, ordering, an addition, deletionevi 'or rsion in the Work, or responding to differing or unforeseen physical. conditioris under which the Work is to be performed as provided in paragraph 42 .or 4.3 or to emergencies under paragraph6:23. A' Wort: Change Directive will not change the ContracvPrice or the Contract Times, but' is evidence that the parties expect that the m change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on'the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written ,amencfinent—A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract,Documents. ARTICLE2—PRELIMINARY SLITTERS Delivery ofBohdv..- 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the eost.of reproduction. Commencement of Contrad Times; Notice to Proceed- 2.3. The Contract Tunes will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EJCDC GENERAL CONDITIONS 191M (19" E(fition) w CITY OF FORT COLLINS MODIFICATIONS (REV 412000) if a Notice to Proceed is given, on the day indicated. in the Notice to Proceed. A Notice,to'Proceed may be given at any time within thirty days after the. Effective Date of the Agreement of-F3idopenincor-the-thirtietl►-dey�nfter-tkte-F�ffeativRe-bate ef-thea�geem�E; whichever -date -is -earlier: Starting the Work: 2A. CONTRACTOR shall start. to Perform the Work on the date when the Contract Times commence'to rim, but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Starting Cott uruction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check 'and verify 'pertinent figures, shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain awritten interpretation or clarification from ENGINEER before' proceeding with any Work affected thereby; however; CONTRACTOR shall hot be liable to OWNER orENGTNEER for failure.to report any conflict error, ambiguity or discrepancy in the Contract Documents, unless. CONTRACTOR knew or reasonably should have known thereof. 16. Within ten days after. the Effective Date of the Agreement '(unless otherwise specified in the General 'Requirements), CONTRACTOR shall submit to ENGINEER for review: 26.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing t}ie various stages of the Work, including any Milestones. specified in the Contract Documents, 2.6.2, a prelim nary schedule of Shop. Drawing and Sample submittals which will list each required submittal.and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Rice and will subdivide the Work into component parts in.suQicient detail. to serve as the basis for progress payments duririg construction 'Such prices will include an appropnate.amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started. CONTRACTOR end AW shall each deliver to the edw OWNER with copies to - .� .,�,in the fitJle. ,e„tary Gend;t;ons ENGiNF.F.R certificates,of insurance (and other evidence of insurance W teaseflel ly--request requested by OWNER) which CONTRACTOR .. is required to purn accorda chase .and maintain in with paragraptu9 5.4-5:et4t�-5:7. Preconstruction Conference. 2:8. Within twenty days after the Contract Times start to run, but before any Work at_ the site is started, a conference attended by:CONTRACTOR, ENGINEER and others is appropriate will be held to, establish . a working understanding 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. InitkilyAcceptable Schedules: 2.9. Unless otherwise jrovided in the Contract Documents,at before any work at the site begins a :conference attended by CONTRACTOR, ENGINEER and others as desi agn ted by OWNER. will be held to review ora of -ccro6bility to ENGMER:as provided below the schedules submitted in accordance with paragraph 2.6. and Division 1 - General Requirements. CONTRACTOR shall: have, an additional ten days.to make corrections and adjustments.' and to complete: and :resubmit the schedules No progress payment shall le made to CONTRACTOR untiltheschedules are submitted to and acceptable to. ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Tinter, but such acceptance will neither impose on ENGIIIhEIZ responsibility for the sequencing, scheduling or progress of the Work nor inti ere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop.Drawutg and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CON'fRACTOR's schedule of values will be acceptable to ENGINEER as to form and substani e, ARTICLE 3-CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent. 31.1. The Contract- Documents comprise the entire agreement .between OWNER .and CONTRACTOR concerning the Work. The Contract Documents arc complementary; what is called for by one is as birxbg as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3:2_ It is the intent of the Contract Documents to EICDC GEN61tAL CONDITIONS 1910-8 (1990 E(fition) w/ aTY OF FORT COLLM MODIFICATIONS (REV 4r1000) describe a functionally complete Project (or part. thereof) to be constructed in accordance, with the Contract m Docuents. Any Work; materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage a's being required to produce the . intended result will. be famished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry .or trade meaning are used to describe Work, materials or .equipment,, such words or phrases shall. be 'interpreted in accordance with that meaning; Clarifications aridL interpretations of the'Contract Documents shall be issued by ENGTNEIR as provided in paragraph 9, .4. 3.3. Reference to Standards and Specifications of Technical. Societies, Reporting and Resobing Discrepancies• ,3.3.1. Reference to standards,. specifications, .manuals or:codes of any techmcai society, -organization or association, or to the Laws or Regulations of any mmen govetai 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 (or, Ph the EfTcctive.Datc4the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents: 3,3.1 IC during the performance of the Work, CONTRACTOR discovers. any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of -any such standard, specification,manual or,coiie orof any instruction of any Supplier referred to in, paragraph 6.5, CONTRACTOR shall report- it to ENGINEER in writing at once, and; CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph:6:23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6: provided, however, that CONTRACTOR shall not be liab_ le . to. OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless . CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except.as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph3.5 or 3.6, the provisions of the Contract. Documents shall take precedence in resolving any conflict, eaor,.ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the Provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code 'or ihstiuciion shall be effective to .change the duties and responsibilities :of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective.to assign to OWNER, ENGINEER 'or any of ENGINF.ER's Coiriultants, agents or ennployecsany duty :or authority to supervise of direct the furnishing or performance of the Work or any duty or authority to undertakeresponsibility inconsistent. with the provisions of paragraph 9.13 or any other provision of the Contract Documents. ' 3A. Whenever in the Contract Documents the terms "as ordered", "as directed", "as.. required"; "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable"; "acceptable", "proper" or "satisfactory`. or adjectives of like effect or Import are used to describe a requirement,_ direction, review or judgment of ENGINEER as to the Work,,. it is intended that such requirement, direction, review or judgment will be solely to. evaluate, in. general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement'nndicatni otherwise). The use of any suchtetm or'adjective shall not be effective to assign to E,TG=- -R_ anyduty, or authority to "supervise or direct the fwnish6g or performance of the Work or any duty or authority to. undertake responsibility contrary to the provisions of paragraphs 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents: 3.5.. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10,4) EJCDCOENERAL CONDITIONS 191M (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (RL•'V 4/2000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents -may be supplemented;. and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.1 ENGINFER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6:26 and 6.27), or 3.6.3. ENGMEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse oJDoeunrents: 3.7 CONTRACTOR, and .any Subcontractor or Supplier or other person:or organization performing or furl is}wrg' any of the Work under a direct or indirect contract with OWNER (i).shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other. documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEERs Consultant, and (ii) shall not reuse: any of such Drawings, Sp'ccificattons;;other documents or capics on extensions of the Project or any other project without written consent of OWNER.and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4--AVAILABILITY OF LANDS; SUBSURFACE AND, P HYSICAL CONDITIONS; REFERENCE POINTS Availability ofLnnds: 4.1. OW1 TER shall furnish — as indicated in the Contract Documents, the lands upon which the Work is to be performed Its;of-'gay and easements for access thereto, and such other lands which are designated for the use of CONTRACTORIpon reasonable written-rz�west- OWNER ,shall.'identify any encumbrances or, restrictions not of general applicatron'but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or. permanent changes in existing facilities will be obtained_ and paid for by OWNER, unless otherwise provided in, the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.1 Subsurface andPhy#44 Conrff[ions• 4.2.1. Reports and Drauings. Reference is made to the Supplementary Conditions for identification of: 42.1,1. Subsurface Corulk ns: Those reports of explorations and tests of subsurface conditions at or contiguous :to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contia ous to the site .(except Underground Facilities) that have been utilized by ENGINEER in preparing the" Contact Documents. 4.2.2. Limited Reliance by —,.CONTRACTOR Authorized Technical Data: CONTRACTOR may. rely upon the general accwacy of the "technical 'data" contained in such Fe ports and drawings, but such reports and drawings are not Contract Documents.. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR� may norrely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants writh respect to: 42.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed. by CONTRACTOR and safety precautions and programs incident thereto; or 4.2 2.2.. other data; interpretations, opinions and information contained in such reports or shown or indicated in such drawings,.or 4.2 2.3. any CONTRACTOR interpretation of or'conclusion drawn from any "technical data" or any such data, iiiierlaetations; opinions or information. 4.2.3. Notice' of Diffie iirg Subsurface or Pjr ,sical Conditions: if CONTRACTOR Believes that any subsurface or: physical condition at°or contiguous to the site that is uncovered or revealed either: 4.2.3.1. . is of stich a nature as to establish that any 'technical dauf" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.22 ismaterially inaccurate, or 4.2.3.2. is of such a nature as. to require a change in the Contract Documents or 4.2.3.1 differs materially from that shown or EJCDCOEI,UUI CONDITIONS 1910$ (1990E(fition) w/ CITY 01; FORT COLLINS MODIFICATIONS (REV 4/2000) indicated in the Contract Documents, or 42.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, pr-Bmptly immediately, after becoming aware thereof and before, further disturbing conditions, affected thereby or performing. any Work in connection therewith (except .m an emergency as permitted by paragraph 623), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions. .or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Review. ENGINEER will promptly review the pertinent conditions, determine the necessity of 01A'NERs obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to. CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Dorwnents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflectand document the consequences of such change. 4.2.6. Possible 'Price and Times Adjustments. An equitable adjustment in the Conimct; Price or in the Contract Times, or.both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of; the Work; subject, however, to the following: 4:2.6.1. such condition must meet any one or more of the. categories. described in paragraphs 4.23.1 through t 4:2:3.4, inclusive, 4.2.6.2. a change in the Contract Documents puisuant to paragraph 4,2.5 will not be an automatic, authorization of nor a condition precedentto entitlement to any such adjustment; 4.2.6.1 with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject 'to the provisions of paragraphs 9.10 and 11.9, and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the ContractPrice or'Times 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.1 the existence of such condition could reasornbly have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas: required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTR4CTOR's making such final corm tntent; or 4-2,6.4 3. CONTRACTOR failed to give the written notice within the time and as required byparagraph 4.2.3. If .OWNER and CONTRACTOR are unable to agree on entitlement to or as to the'amount or length of any such equitable adjustment in the Contract Price 'or Contract Times, a. claim may be made therefor ns,provided in Articles I and 12. iowcver OMITk, ENGINEER and F..NGTNEER's Consultants shall not be liable to CONTRACTOR for any. claims, costs, losses or damages sustained by CONTRACTOR on or in corrneciioh with any other project or anticipated project 4.3. Phisicai Cond dens —Underground Facilities: 4.3.1. Shourr or Ind6ve& The information and data shown or indicated in .the. Contract Documents with respect to existing Underground Facilities at or conuguous to the site is based on;infotmation and data furnished to OWNERor FNGiNEER by theouaners of such Underground Facilities or by others. Unless it is otherwise expressly provided in this: Supplementary Conditions: 4.5.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or.data; and 4.3.1.2. The cost of ail of the following will be included in the Contract I�rice and CONTRACTOR shall have;full responsibiligJor: (i).reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Docunent.s,(iii) coordination of the Work with the owners of such Underground Facilities during constriction, and. (iv) the safety and Meretonesulting of:all such Underground Facilities as in "paragraph6.20 acid repairing arT from the Work. 4.3.2. Not Shown or IndicatedIf:an Underground Facility is uncovered or revealed 'at, -or contiguous to the site which was. not .shown or indicated in the Contract Documcnts, CONTRACTOR shall, promptly immediate1v after becoming aware, thereofand before further disturbing conditions a&ctcd thereby or. performing any Work in connection thercurith (except in an emergency as "required by paragraph 6.23), identify the owner of such Underground Facility and FJCDC GENERAL CONNT1ON51910-5 (1990 E(fition) w CITY OF FORT COLLINS MODIFICATIONS (REV 411000) give written notice to that owner and to,01VNER and 24GTNEER-ENGINEER will promptly review the Underground Facility and determine the cadent, if any, to which a change is required in the Contract Documents to reflect arui.docuriietit the consequences of the existence of the Underground Facility. If ENGINEER concludes that. a change in the Contract Documents is required, a Work Change'Directive or a Change'OrderwilI be. issued as provnded'in Article 10 to relled and locumem such consequences. During such. time, CONTRACTOR such., for the safety .and protection of such Underground Facility as.. provided in ppaatapph 6.20. CONTRACTOR shall may brallowed an. increase in the Contract Price or an extension of the Contract Times, or both, to the extentthat they;arc attributable to the existence of any Underground Facility that was not. shown. or .indicated in. the Contract Documents and that CONTRACTOR did not know of and could not remnably have been. exp ed to be aware of or to have anticipated. If OWNER and CONTRACTOR are-unn'ble' to agree on entitlement to oi`. the amount or length of any'such ad)'ustmerrt in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER,, ENGINEER and ENGINEER'S Consultants dial) not be.liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points' 4.4. OWNER shall. provide engineering, surveys to establish reference points 'for construction which in ENGINEER'S judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR -shall be responsible for .laying out the Works, shall protect, and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER: CONTRACTOR shall reportNEER to ENGIwhenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations; andshall be responsible for the accurate -replacement, or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, ffazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications. or identified in the Contract Documenis.to be within the'-.sccpe',of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. 4.5.2- •60 iT �GTBIi sha8•itnmediately-(d) stepsll r #rittin net CQl�F1-R�GF9R-does-not-egiea-to-rasume-suelrwExle based en a Wi at€et i ern agree-es•to�ntidement-to-eFihe-amount-nfe�tent-e€an wither-peFty-may-ntaka-e-6laim-t#tarefer-as-pFovickd-irt purtien�the—Work pefforitied�4i�s-own forces or-oUiars-ut-ecsor�snca-with-tlsticla�- EJCDCOENERAL CONDITIONS 1910.8 (1990 E(ition) wI CITY OF FORT COLLINS MODIFICAMNS (REV 4/100W) ARTICLE 5—BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds .each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents, These Ron& shall remain in effect at least until one ,year after.the date when final payment becomes due, except as provided, otherwise by Laws or Regulations. or by the' Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary: Conditions. All bonds shall be ui the form prescnbed; by the Contract Documents except as provided otherwise by Laws or Regulations and shall be_ executed by such sureties as are named in the cairent list of "Companies: Holding Certificates of Authority i3s.Accepwble Sureties, on Federal Bonds and as Acceptable_ Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All .Bonds signed by an agent must be accompanied by a certified c;py of such agent's authority to act. 5.2. if .the . surety on any Bond furnished by CONTRACTOR is declared A bankrupt or becomes insolvent or its right.to do business 4s.termmated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety,.both ofwhich must be acceptableto OWNER. 5.3. Licensed Sureties and Insurers; Certificates of insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTORshall be obtained from surety or insurance . companies that are duly licensed. or authorized in the jun. iction in which the Project is located to issue Bonds: or insurance policies for the limits and coverages so required. Such surety acid insurance companies shall also meet such additional requireinems aril qualifications as may be provided in the. Supplementary Conditions. 53.2. CONTRACTOR _ shall deliver to OWNER with copies to each additional insured identified in the Supplementary Conditions; certificates of insurance (and other evidence- of insurance requested by OWNER or any other, additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. (}IA — ll h. Notify the same two entities above with a written submission (outlined within the permit) within 5 calendar days. i. Include incident in the following training meeting. Hazardous Spill — A , spill of a dangerous substance requiring expert cleanup. Procedure: a. Secure the area — do not approach the spill. b. Offer first aid to any injured parties. c. Call 911 and describe the nature of the spill and any injuries. d. If possible, isolate downstream areas from the spill (for example, cover an inlet that is downstream and a safe distance from the spill with plastic and soil). e. Contact the SWMP Administrator. f. Document the spill and the response in the SWMP g. Notify the City of Fort Collins, contact Craig Kisling (970) 221- 6367 and the Colorado Department of Public Health and Environment spill reporting line (877) 518-5608 of the spill. h. Notify the same two entities above with a written submission (outlined within the permit) within 5 calendar days. i. Include incident in the following training meeting. 5) Dedicated Concrete of Asphalt Batch Plants: There will be no plants located on the site. 6) Vehicle Tracking Control: Vehicles shall be clean of sediment prior to entering the site. Any vehicle containing sediment will use the vehicle tracking pad prior to leaving the site. Keeneland Drive, Southridge Greens Blvd, and Trilby Road shall be inspected at the end of each workday and immediately cleaned of any mud, sediment or debris by (CONTRACTOR TO SPECIFY HERE) 7) Waste Management Disposal, Including Concrete Washout: All waste materials and construction debris will be removed from the site by means of (CONTRACTOR TO SPECIFY HERE). No construction materials (including broken concrete) will be buried on -site. The portable toilet will be located (CONTRACTOR TO SPECIFY HERE) on a gravel pad. 12 CONTR4CTOR'sLiability Lrsurance. 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and Iumished, and as will provide protection from claims set forth below which may arise out of or..result from ;QONTRACTOR's performance and furnishing of .the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished 'by CONTRACTOR, any Subcontradtir or Supplier; or by anyone directly or indirectly employed by 'any of them to perform or famish any of the Work; or by anyone for whose acts any of them maybe liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee hcnefit:acts; 5.412. claims for damages because of bodily injury, occupational sickness or disease, or oath of CONTRACTOR's employees, 5.4.3. claims for damages because of bodily injury, sickness or -disease- or death of any person other than CONTRACPOR's employees; �:4<4--uleints-Ter; damegas=insured-by-custcxnary Dayst etli�reasoit; 5.4.5. claims for damages other than to the Work itsclk because of injury to, or destruction of tangible property wherever' located, including loss of use resulting there&om; and 5:4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be Purchased and Maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include as additional insureds. (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER; hfi1GINEER's Consultants and any other' persons or entities identified in the Supplementary Conditions., all of whom shall be listed as additional insureds, and include coverage for the respective officers, and employees of all such additiciiial insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5:4.9. include completed operations insurance; EJCDCGEtULU COTiDMONS 1910-8 (19" Edition) a/ CITY OF FORT COLLINS MODIFICATIONS (REV M700D) 5.4.10. include contractual liability, insurance cohering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6A 6 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled materially changed or renewal' refused. until at least thirty days' prior .written notice has been given to OWNER and CONTRACTOR and.to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance famished by the CONTRACTOR pursuant to paragraph 5.3 2 will so provide); 5.4.12. remain in effect at least until finial payment and at all times thereafter when CONTRACTOR ma} be correcting, 'removing or replacing defective Work in accordance with'paragraph 13..12;'and 5.41.13. with respect to completed. operations insurance, and any insurance coverage. written on a claims -made basis; remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom fiea a ccrtite of insurance has been issued evidence satisfactory :to OWNER and any such additional insured of continuation of such insurance at final paymient and,one year thc,reatler). 0MIVER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR''under paragraph'5.4. 01AINER, at OWNER's option,, may purchase and maintain at OWNER's expense,OWNER's ovn liability insurance as will protect .OWNER aga ist claims which may, arise from Ocrationsunder the Contract Documents, Propero, lnsurwree. 5:6—Uriless-odwp*ise-provided-in4be-Supplementary Fcatditicar -Ol }VfSR- ,hall- purchrtsg-ene! nteWain o�tha-full-repk+semznt-cost-thareof-{subject-to-sash deducti'bla-entotuit�- a�-..ay-be-pr-0vi<led u.-the Suppl enta.-y--Gonditiens-or-required-b, - ows-and Ragulaacinsj-"Fhis�insttrattca-stutlla shall ;it lea� iklii& 3:63—include the. inEerets-cif--OVI�R: CBI;FI'iZ�('T611?S—Su�rerttnisErtt� E'V6$�i�SEI'S entities-iderit�ed=iri-Ehe-Ser't�plement!uy.-C-�iriditions; eaehbf-yvhom-is-cleetned�a�have=an-instvsble;interest endshttil-6e-Gsted�is�sn-insured-ofacldtiortirl-insured; 3:fi.-o_-6e-written-en-e-Bttildes'a- �-�a11-Rslc-or cot••ersga-that-vandslis�+a-anel-nieliciotis-aiischir� 363 4nehide-experise 9.-irieutred -in - tile -repair--Of r�placeme+�r e�eny-;,mitred-preparxy-Einsl!�?ir,g-liutt-not ARd erehiteetsj. stored at the sit "st-anotheF-leeation-that-was-agreed-to-in-writing-by eewM01- I ar. thirty —Li'By4LSFiiten-not1ll- additieria4 issued- ld the eeftifieetes or meintQinad by QU4+jin escer�anee wiih {iaragrsphs� 6 eovarege-a>�'odad-wdlt=not=1?e- csneel�d=-or--inRtariel ly ehet�ed-oF-ranewal-re€used-trnti}-et=hest-thirty-days'-prig f writtto-notice-has--been--giren=to-9lR-arid wheat-a-eertifreate-o�insuranea-lms-bean-i�-ued-end-wil l oentein—weive��r©visions—at—eceerdenee—with 5.9. OWNER shall not be responsible for purchasing and maintaining any property imurance to protect the interests of CONTRACTOR, Subcontractors or others in 510. 4f-GAp�T�t4GF412-re'ill 12 the uests-irt weit drat etheF EJCDCGEN tAL CONDITIONS 1910.8 (1990 E(ition) 10 w/ CITY OF FORT COLLINS M011tFICATIONS (REV 4nO ) commattcament-of-t}�•Yor{: at-tl>a••sita; ��NFR-shall-i+t kas �-t I a in :.ddi,; nG4 n Wo waive, .all rigW against GQNTRAGT-Q SubMtwtt)fs; R�GWEER-xcsZrn raTEir'd—v.c ollicers;-diraetor�mployees-end-sgerxs-of-any--e€ titeat-For: 5.14.2.1. -loss due te.bu5ifless of -use -or -other- eer5equen ial-icy-e�aending beyv�-direct-pltysieal-less-or _ dnmega-to ariSittg-Aui-9eF-FZSttlEing-frAal-flfd-Of-Athe[-p@ril; whether of rtoE insured liy OIiFR-and recevzry-ageirtst-any-e�C,p�:�l:{.Rf16'FO�SubcExttrcwwrs; Receipt andAppGeatim of Inatnance Proceeds. 5.12. Any insured loss under the policies of insurance required by paragraphs 5:6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may, appear,_ subject to the requirements of any applicable mortgage clause and of paragraph'5.13. OWNER shall deposit in a separate account any money so received and §hall distribute it in accordance'with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall 6ii repaired or replaced, the moneys so received: applied on account thereof and the Work and the cost thcieof.covered by an appropriate Change Order or Written Amendment'. 5.13. OWNER as fiduciary shall have po]ver to adjust and .settle any loss with the insurers unless one of the parties in interest "shall. object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection bc'made� OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in intei6d may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers _ fl]]TTCD �ffdd-iR-L� t. " 4ntefei, b,-l3Y-8fl�� pf'.'l L Acceptance of6ondc and Insurance; Option to Replace: 5.14. 1fGTOR OWNER has any objection to the coverage afforded by or oilier provisions of the Bonds or insurance required to .be purchased and maintained by the y CONTRACTOR in accordance with Article 5 on the basis of non-cbnfornia,* with the Cbntra,.t Documents, the the certificates 2.7. Partial Utifiza ion-Property.Insurwrce: 5.15. If OWNER Grins it necessary to occupy or use a portion or portions of the Work prior to Substantial EICDCGENERAI. CONDITIONS 1910.8 p990E(8tion) a/ CITY OF FORT COLLINS MODIFICATIONS (RL'V,1200o) Completion of all the Work, such use or occupancy may tie accomplished in accordance with paragraph 14.16,, provided that no such use or occupancy shall commence before the insurers providing.the property insurance have acknowledged notice thereof and in writing; effected any changes in coverage, necessitated. thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6-CON'TRACTOR'S RESPONSIBILITIES Superiision and §upaintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work _ competently and efficiently.. devoting such attention thereto and applying such skills and expertise as may necessary to perform the Work in accordance with the Contract ' Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not:beresponsible for the negligence of'others in the design or specification of a specific means, method,' technique, sequence or procedure of construction which is shown or indicated in and :expressly required by the Contract .Documents. CONTRACTOR .shall be responsible to' see that the completed Work complies accurately with the Contract I.�ocumcnts. 6.2. CONTRACTOR shall keep on the Work at all times during 'its progress a competent resident superintendent, who shall not be replaced.without written notice to OWNER .and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the :site and shall have authority to act on behalf of 'CONTRACTOR All communications.to the superintendent shalfbe as binding as if given to.CONTRACTOR Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to, survey, lay out and construct: .the Work as required by the Contract Documents: CONTRACTOR shall at all, times maintain good discipline grid order at the site. Exceptas otherwise regilued for the safety or protection '.of' persons or the Work or property at 'the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be. performed during regular working hours and CONTRAC TOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior wntten notice to ENGINEER CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in .advance of any Work to be performed out Saturday Sunday Holidays or outside the Regular Working Hours. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume lull responsibility for all material& equipment, labor. transportation,. construction equipment and machinery, tools; appliances, fuel, power, light, heat, telephone, water, sanitary facilities, tahporary facilities 'aiid all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4.1. Purchasing Restrictions: CONTRACTOR must comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Marmgement Division or the City Clerk's office: 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was trot made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the liccnefit of OWNER: T f,required by ENGINEER, CONTRACTOR "shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and' equipment All materials and equipment shall be applied, installed, connected, erected, used cleaned and cpnditichcd in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule. 6.6. CONTRACTOR shall adhere to the progress schedule established in accordancewith. paragraph2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in. the progress schedule that will change the Contract Times (of Ivfilestones) shall be submitted in accordancewiih the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Subdittesand "Or -Equal" Items.• 63.1. Whenever an item of material or equipment is Specified or described in the Contract Documents by using the name of a proprietary item or the name of'a .particular Supplier, the specification: or description is intended to establish the type, "function and quality required Unless the specification or description EXQC GENERAL CONDITIONS I910-8 (1990 E(ition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by, ENGINEER under the following circumstances: 6.7.1.1. 'or ET1121": If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar.so that no change in related Work will be required; it may be considered by .ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINMER's sole discretion, be :accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR dommot qualify as an "or -equal" item under subparagraph 6.7-1.1, it will be considered a proposed substitute. item. CONTRACTOR ' shall submit _ sufficient information as provided below to allow ENGINEER to detcrinine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute. therefor. The procedure for review by the ENGINEER will include the following as supplemented in the Generiil Requiiarensarid, as ENGINEER may decide is appropriate. under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from . anyone other than CONTRACTOR. If CONTRACTOR wishes to fumish� or use a substitute item of material or equipment, CONTRACTOR .shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perfonn adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent, if any, to, which the evaluation and acceptance of the.proposed substitute will Prejudice CONTRACTOWs achievement of Substantial Completion on time, whether.or not acceptance of the substitute for use in the Work will require a change in any, of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with ;the Work is subject to payment of any license fee or royalty. till variations of the.proposed'substitutz frgin_that specified will be identified in the. application and available maintenance,repair and : replacement service will he indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, aU of which will be considered by ENGINEER. in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3: CONM4CTOMY.Expense: AU data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's evense. 6.7.2. Substitute. Construction Methods or Procedint?s If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method technique, sequence or procedure ,of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's.sole,discretion, to determine that the substitute. proposed is,equivalent to that expressly called for by the Contract Documents. The procedure fir review by ENGINEER will be similar to that provided in subparagraph 631.2. 6.7.3. Engineers Evacuation: ENGINEER will be allowed a reasonable time. within which to evaluate each proposal or submittal made . pursuant to paragraphs.6.7:1.2 and 6.1.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will beordered inlled or utilized without ENGIINEER's prior written. acceptance which will be evidenced by either a Change. Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTORS expense a special performance guarantee or other surety with respect to.any "or -equal" or substitute. ENGINEER will record time required by ENGLNT-ER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR.'purstiant to paragraphs 6.7,1 2 and 6.7.2 and in making .changes in the Contract Documents (or in the provisions of any. other direct contract . with. OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts .a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6_8. Concerning Subcontractors, Suppliers and Others: 6:S.1. CONTRACTOR shall not employ arty Subcontractor, Supplier or other person or organization (including those acceptable to. OWNER and ENGINEER as indicated in paragraph 6.8:2), whether initially or as'a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other pewnor organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EJCDC GENERAL COMM OM 1919-8 (19" Edticn) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 6.9. CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is without subcontracting) The ?0 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 percent. of the Contract Price. 6.8.2. If—the-Supplementary—Gonditimts Bidding Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who, are to furnish the pa'iricipal items of materials or equipment) to be suhttined to OWNER in-advanee-of-,the-speeifted date prior to the Effective Date of the. Agreement for acceptance by OWNER and ENGiNEE.R,--an" VWNEK's or ENUINEER's acceptance (either in writing,or by..faihng,to make, written objection thereto by the date indicated for acceptance or objection in the bidding documerus or the; Contract Documents) of nt1JVUNZntc. No acceptance oy VtvNbK or ENGINEER of any such Subcontractor, Supplier or alter person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work, 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all.acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work 6mler a direct or indirect contract, with CONTRACTOR just as CONTRACTOR is responsible . for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other .person or 'organization any contractual relationship between OWNER or ENGINEER and arty.such Subcontractor, Supplier or other personor organization, nor shall it create any obligation on the :part of OWNER. or ENGINEER to pay or to see to.the payment of any moneys due any such Subcontractor. Supplier or other pawn or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any subcontractor supplier or other person or oruanization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Pavment" 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations ,performing or furnishing any of the Work under a direct* or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors. Suppliers and such other persons and organizations performirV or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR: 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be. performed by any specific trade. 6.11. All Work perfomded for CONTRACfOR by a Subcontractor or Supplier will . be pursuant to an appropriate agreement between CONTRACTOR and the Su ntractor or Supplier which specifically binds the Subcoritractar oe Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER WheRever any qurh agreement ier -will Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention; design, process; product or device which is the subject of patent rights or -copyrights held by others. If a'particular invention; design, process, product or device is specified in the Contract Documents for use in the performance of the Work, and if to the actual%knowledge of OWNER or ENGINEER its use is. subject to patent rights or copyrights calling for the payment of any license fee or roylty ato others the existence of such rights shall be disclosed by OWNER in tiwContract Documents. To the fullest extent permitted` by Laws and Regulations, CONTRACTOR shall 'indemnify and hold harmless OWNER, ENGINEER ENGINEER's Consultants and the officers, directors, employees, agents"and other consultants of each and an), of them from and against all claims, costs, losses and damages arising out of or resulting from any itifriugement of patent rights or cooppyrights incident to the use in:tke performance of the Work or resulting from the incorporation in the Work of any invention, design, process; product or device not specified in the Contract Documents. EJCDC GENERAL CONDITIOM 191" (1990 Ed dim) 14 w1 CITY OF FORT COLLINS MODIFICATIONS (KLV 412000) Permits: 6.13: unless otherwise provided in the Supplemcntary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses OWNER shall assist CONTRACTOR, when necessary; in obtaining such permits and licenses. ,CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the INlork, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility. owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 614. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to f air shirrg and: performance of the' Work. Except where otherwise expressly required by applicable Laws and Regulations, neither 0WNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with .any Laws or Regulations. 6.14.2. Tf CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear All claims, costs; losses and damages caused by, arising out of or resultirg therefrom; however, it shall not be CONTRACTOR's.primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not. relieve CONTRACTOR of CONTRACTOR's obligatioris under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15,1. OWNER is.exemlit from Colorado State and local sales and use caress on materials to be permanently incorporated into the.nroiect. Said taxes shall not be included in the Contract Price. Address: Colorado Department of Revenue State Capital Annex 1375. Sherman Street Deriver. Colorado. 80261 Sales and Use Taxes for the State of Colorado Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected tares), on any items other than construction and building materials physically incorporated into the protect are to be paid by CONTRACTOR and are to be included in appropriate bid items. (Ise of Premises• 6.16. CONTRACTOR shall confine construction equipment, the storage ofmaterials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements; and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land_ or area, or to the owner or occupant thereof or of arty adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws.and Regulations, indemnify and hold harmless OWNER, ENGi\iiEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims: costs, losses and damages arising out of or resulting from any claim or action legal or equitable, brought.by any such owner or occupant against OWNER, ENGINEER or any other pain, indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the .premises as well as all tools, appliances constriction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of. the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents.` 6: i S. CONTRACTOR shell not load nor permit any part of .any structure to be loaded in any manner that will endanger the, structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to -stresses or pressures that will endanger it, Record Doeuntenra: EJCDCGENERAL CONDITIONS 1910-s o990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV VR000) 6.19. CONTRACTOR shall,maintain in a safe place at the site one record copy of all Drawirgs, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction: These record documents together with all approved Samples and a counterpart of all. approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and'gior to release of final Payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER.. Safety and Protecdon 620. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs ut.connection with the Work. CONTRACTOR shall take all necessary precautions for the safety oC and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all personson the Work site or who may be affected by the Work; 6.20:1. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all `applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shalt notifv owners of.adpcent property and of Underground Facilities and utility owners when prosecution of :the Work may affect them; and shall cooperate with them in iha protection, removal, relocation and replacement of their property. Al damage, injury or loss to any property referred to in paragraphs 6.262 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or "organization directly or indirectly employed by any of them to perform or 'furrrish any of the Work or anyone forwhoseacts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the "fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEERS Consultant or anyone, employed by any of them or anyone for whose acts any of themmay be liable, and not attributable, directly or indirectly, , in whole or in part; to the fault or negligence of CONTRACTOR. or any Subcontractor, Supplier :or other person or organization directly . or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue. until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14:13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Represen><ufve. CONTRACTOR shall designate a " qualified and experienced safety representative at the site whose duties and respotisibiliiies shall be.the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs. 6.22. CONTRACTOR shall he responsible for coordinating any exchange of material.safety data sheets or other hazard communication information required to be made available.. toor exchanged between or among employers at" the site in accordance with taws or Regulations. Emergencies• 6.23. in emergencies affecting the safety or protection of persons or the Work or property at, the site or adjacent thereto, CONTRACTOR, .without. special instruction or authorization from OWNER or ENGINEER; is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGiNEF..R prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of.the action taken by CONTRACTOR in response to such an emergency, a"Work Change Directive or Change Order will be issued to- document the consequences.of such action 6.24. Shop Drawings and Samples• 6.24.1. CONTRACTOR shall submit Shop Drawing tQENGINEER for review and, approval in accordance with the accepted schedule of Shop Drawings and Sample. submittals (see paragraph 2.9). Allsubmittals will .be identified as ENGINEER may "require and in the number of copies specified in the General Requirements. The data shown.on.the Shop Drawings will be complete with respect to quantities, dimensions,.specified,perfonnance:and design.criteria, materials and similar ,data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6;26. 6.24.2. CONTRACTOR sWl:also. submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be: identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may. require to enable ENGINEER to review the submittal for.the limited EJCDCGEt.'liM CONDIT[ON51910-8 (1990 Edition) 16 w! CITY OF FORT COLLIM MODIFICATIONS (REV in000) purposes required by paragraph6.26. The members of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: .6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions .specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping; Handling, storage, assembly and ,installation pertaining to the performance of the Work, and 6.25.1..3. all information relative to CONTRACTOWs sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples :and with the requirements of the Work and the. Contract Documents, 6.25.2. Bach submittal will bear a_stamp or specific written indication that CONTRACTOR has satisfied CONTRACTORs obligations under the Contract Documents with respect to CONTRAGTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such "variations, if any,, that the Shop Dravirng or Sample submitted may .have from the requirements of the Contract Documents, such notice to be in -.a written communication separate from the submittal; and in addition shall cause a specific notation to 'be made on each Shop Drawing and Sample .submitted to ENGINEER for review and approval of each such variation 6.26. ENGINEER will review and approve Shop Drawings and Sample's in accordance.with the schedule of Shop Drawing and Sample submittals. accepted by ENGINEER as required by paragraph 2.9 ENG]NEERs review "and approval will be only to,iletermine.if idle items covered by the submittals Will, after installation or incorporation in the Work; ocftform 'to the infatuation given in the Contract Documents and be compatible, with the design concept of 'the completed project as a functionifig whole as indicated_ by the Contract Documents. ENGINEERS review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER; and shall return the required number of corrected copies of Shop Drawings and submitasrequired new Samples for review. and.approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals; 627. ENGINEER's review and. approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any, variation from _the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submissionas required by paragraph 6:25.3 and ENGINEER has given written approval of each such variation by a specific, written notaporithereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any npproval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6 25.1. 6.28. Where a Shop Drawing or Sample .is, required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required 'by paragraph '2.9, any related Work performed prior to RNGINEER's review and approval of the pertinent strbinrttal will be at the sole expense and responsibility of CONTRACTOR Continuing the Work: 6.29. CONTRACTOR shall earry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements,. except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTR4CTOR's General Warranty and Guarantee: 6.30.1..CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse,. modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.1 normal wear and tear under .normal usage. 6.302:.CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDC OENEM CONDITIONS 1910-8 (1990 E(fitim) n/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6:30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6,302.4. use or occupancy of the Work or any part thereof by QXMER; 6.30.2.5. any acceptance by OWNER or any failure to do so, 6.30.26s anyy review and. approval 'of a Shop Drawing or Semple submittal or the issuance of a notice. of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of clefertive Work by OWINFR. Indemnifrcadmi. 6.31. Tothe fullest extent permitted by haws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER LNGINEER. ENGINEERS Consultants.and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects attorneys and other professionals and all.court or°arbitistion or other dispute resolution. costs) caused by, arising out of or, resulting from the performance of the Work, provided that any suck claim, cost, loss or damage: (i) is attributable to bodily injury. sickness, disease or death, or to injury to or destruction of tangible property (other than, the Work itself), including the loss of use resulting therefrom, and (i) is caused in whole or in part by any negligent actor omission of CONTRACTOR any Subcontractor, any Supplier, any person or, organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable,. regardless of whether or not caused in part, by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon Such indemnified party by Laws and, Regulations regardless of the negligence of any such person or entity.' 632: In any and all claims against OWNER or ENGINEER or any of their respective "consultants, agents, officers, directors or employees by 'any employee (or the survivor or persortal representative of such employee) of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to Perform or,fumish am, of the Mork or anyone for whose acts any of them rosy be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable.by or for CONTRACTOR or any such Subcontractor, Supplier or other person or. organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR tinder paragraph 6 3.1 shall not extend to the liability of ENGINEER and ENGR TEER's ConsultanM officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of than. Suniral ofObligations.- 6.34. All representations, indemnification.% warranties and guarantees made in, required by -or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive finial payment, completion and acceptance of the Work and termination or completion of the Agreement: ARTICLE 7--OTHER WORK Related Work at Site. 7.1. OWNER may perform other work related to the Project at the site by OW1vER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work. performed by utility owners. If, the fact that such other work is to be I erformed was not no in the Contract Documents, then: (i)-written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and.12 if CONTRACTOR lxilieves that 'such performance will involve additional expense to CONTRACTOR.or re-quaes additional.tiine and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor Who is a party to such a direct .contract and each utifity owner (and OWNER,, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site;anda reasonable oppartunity for the introduction and "storage of materials, and equipment and and coordinate the Work with theirs Unless otherwise provided in the Contract Documents, CONTRACTOR shall :do all cutting fitting and patching of"the:'Work that may b. required to make its several parts come together properly andintegrate with such other, work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter."their work with the written consent of ENGINEER and the others whose work will tie affected. The duties and.rcporzsibilities of CONTRACTOR under thus paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) is w CITY OF FORT COLLINS MODIFICATIONS (REV 4r2000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work perforned by others under this Article T CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays;.defects or deficiencies in such.other.work that render it unavailable or unsuitable for the proper execution and results of CONPRACTOR's Work: CONTRACTOR's failure so to report will constitute an acceptance of suchother work as fit and proper for integration with CONTRACTOR's .Work except for latent or nonapparentdefects.and -deficiencies in such other work. Coordination: 7A. If OWNER contracts with others. for the performance of other work on the Project at the site, the following will be set forth.in Supplementary Conditions: 7.4.1. the person, firm;or.corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified;. 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and T4.3, the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8--OWNERS RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions; OWNER shall issue ;all communications to CONTRACTOR through ENGINEER. 8.2. In case. of termination of the "employment of ENGINEER, OWNER shall appoint an engineer against whom-60Ai FRAG FOl�-matte no-reascnmble-objection; whose status under the Contract_ Documents shall be that of the former ENGINEER. 83. OWNER shall furnish the date required of OWNER under the Contract Documents promptly and shall make payments to CONfRACTOR,promptly when they are'due as provided in paragraphs 14.4, and 14.13. 8.4.. OWNERs duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in "paragraphs 4.1 and 4:4. Paragraph 4.2 refers to OWNER's identifying and making available to ,CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing It 'is prohibited to wash concrete trucks and pump rigs into the storm drainage system or onto the ground surface. A concrete washout area will be constructed for the washout of concrete truck mixers, pump rigs and tools. Signs shall be placed at the site entrance, at the washout area and where necessary to clearly indicate the location of the concrete washout area. The concrete washout area will have a temporary pit or.bermed area large enough to contain all liquid and waste concrete materials from washout. Washout area will be inspected weekly, during and after any storm event. It will be cleaned out when two-thirds full or as necessary to maintain capacity for wasted concrete. At the end of construction, all hardened concrete shall be removed from the site.. 8) Groundwater or Stormwater Dewaterin • Any dewatering of groundwater for the construction shall be properly permitted with the State, including monitoring. Any excavations on the site will be accomplished in a fashion that will prevent upstream areas from draining into the trench or excavation and thus requiring dewatering. Surface runoff will be diverted away from any excavation to prevent the need to dewater from stormwater entering an excavation. This will be accomplished by providing a berm on the uphill side of any excavation. 13 structures at or contiguous to the site that have been utilized by ENGINEER inpreparing the Contract Documents. and maintakingfrth inph o5 Sthrtiugh 514- 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend. Work, sec p?ragraphs 13.10 and 15.1. Paragraph 15.2 deals witha %MR's right to termirrme services of CONTRACTOR under certain circumstances, 8.9. The OWNER shall not supervise. direct or have .control or authority over, nor be responsible for, 'CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable io'.the furnishing or performance of the Work. OWNER will not be responsible for CONCRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Askpstes—Pis—Eekalemti Ifa ardeus Waste er .lam -site -is 8.11. IF And to the emen! GW?JER has agreed to fuffliii�-h C-Q?9%NGT-Q reasonable evidenee thAt r l ar;ttngemants—liavi—bier—ntada—to—satisfy--0«�II2's ...r.,- .i., G ffit-.... n:... n er APTr-W rYspons3bility irt-respect thereofwill-tie as sat-for{h in the SuppleinzrNat Foridttioris- ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION Oil/NER's Representative: 9:1. ENGINEER will be OWNER's representative during:.the construction period. The duties and responsibilities and the hmitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER Hsi& to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC OE\'ERAL CONDIII OM l910-s(l gw E(hticn) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) that has been made and the quality of the various aspects of CONTRACTORS executed Work. Based on information obtained during such visits and observations. ENGINEER will endeavor for the benefit of OWNER to determine. in general,. if the Work, isproceeding in accordance with the Contract -Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or, quantity of the Work. ENGD=, 's efforts willbe directed toward providing for OWNER agreater degree of confidence that the completed Work will conform generally to the Contract Documcrtts. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endcavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority .and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGIAER's on -site visits or observations' of CONTRACTOR's Work ENGINEER will not supervise: direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to compI y with laws and Regulations applicable to the fumLslvng or perfomiance.of the Work. Project Representative: 9.3. if OWNER and ENG NTEER_agree, ENGINEER will furnish a Resident Project Re prGscntative to assist ENGINEER in providing more,continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will ,be as provided in paragraphs 9:3 and 9:13 Conditions of these. General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not EN IGINEERs Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in aaraeraoh 9.3 9.3.1. 1'he Representative's dealings in matters pertarrlintg to the on -site work will, in general, be with the ENGINEER and CONTRACTOR But the Representative' will keep the OWNER �ronerly advised about such matters. The Remesentative's dealmes:with subcontractors will only be throueh or with the full knowledge and approval of the CONTRACTOR. 9.3.2. Duties and Responsibilities Representative will: 9.3.2.1. Schedules - Review the prozress l9 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability. 9.3.2.2. Conferences and Meeting - Attend meetirto with the CONTRACTOR such as preconstruction conferences, progress meetings and other iob conferences arid prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 0.3.2.3.1. Serve as ENGINEERS liaison a7th CONTRACTOR, .working, pdmipally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the.Coritract Doctmtents. 9.32.3.2. Assist inobtainina from OWNER additional details or infoimatibm when requiicd, for proper execution of the Work. 93.2.3.3. Advise the ENG1NFER and CONTRACTOR of the commencement of My 1York rcq_uiring a Shop Drawing or .sample submission if the stbmission has not been -approved by the ENGINEER 9 3 2 4 Review of Work Rejection of Defective Work, Inspections and'rests - 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the -ENGINEER in determining that the Work is proceeding in accordance Kith the Contract Documents. 932:4.3. Accompany visiting inspectors representing public or other agencies having jytuisdictibn over'the Project record the results of these inspections and report to the ENGINEER.. 9:3.2.5 Interpretation of Contract Doctuments Report 4o ENGINEER when clarifications and interpretations of.the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documentsas issued by the ENGINEER 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S smg-estions for EJCDC OEN ult, CONDMOM 1910-8 (1990 Edition) 20 wl CITY OF FORT COLLINS MODIFICATIONS (REV 4/1000) modification in Drawings or Specifications and report these 'recommendations to'. ENGINEER_ Accurately transmit to CONTRACTOR decisions issued by the ENGINEER 9.3.2.7. Records. 9.3.2.8. Reports, 9.32.8.1. Furnish ENGINEER periodic rgorts, asrequired: of the progress of the Work and of the CONTRACTOR'S cgmphance with the Rrogiess schedule schedule of shod Drawing and sample submittals. 9 3.2.8.2. Cmwlt with ENGINESfrig advance of scheduling major tests irisoections or start of important phases of the Work. 9.3.2.8.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from the CONTRACTOR and "recommend to ENGINEER Orders. Work Directive Changes and field orders, 9.32:8 4. Report immediately to INGINEER and OWNTER the occurrence of any accident. 9.3.2.9. Payment Requests. Review applications for txivmcnt with CONTRACTOR for compliance Aith the established procedure for their submission and forward with recommendation to ENU LEER noting particularly the relationship of the payment requested to the schedule of values Mork completed and materials and equi eat delivered at the site but not incorporated mthe Walt 9.3.2.10. Completion 9.3 2.10.1. Before ENGINEER issues a Certificate of Sub'stantiel Completion submit to. CONTRACTOR a list of observed items reyuirim correction or Completion 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER: OWNER and CONTRACTOR and }xcnare a final list of items to be corrected or completed.. 9.12.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning'acceptaiice. 93.3. Limitation of Authorih� The Representative shall not: 9.33.1. Authorize anv devimiom from the Contract Documents or acge any substitute ENGIENGIN or equipment.' unless authoriged y the NEER. 9.3:3.2. Exceed limitations of ENGINEER'S authority, as set forth in the Contract Documents.- 9.333. Uridertakc any of the responsibilities of the CONTRACTOR Subcontractors or CONTRACTQR'S superintendent: 9.3.3.4. Advise on or issue directions relative to, or assume control over any aspect of the means methods, techniques, sequences or p19,cedures for construction unless such is si ecificallv called for in the Contract Documents. 9.3.3.5. Advise on or issue directions rreeand-ing or assume control over safety precautions and I) ams in connections with the. Work. 9.33.6. Accept Shop Drawings or sample submittals from anyone other than the CONTRACTOR 9.3'33, Authorize OWNER to occupy the Work in whole or in part. 9.3.3.8. Participate in specialized field or laboratory tests'or inspections conducted by others except as specifically authorized by_the ENGINEER: Clarifications and Interpretadons: 9.4. ENGINEER willissue with reasonable promptness such written clarifications or interpretations of the EJCDCGE'NERAL CONDITIONS 1910-8 (19" Edtiao) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) requirements of the Contract Documents (in the form of Drawings or otherwise). as ENGINEER may determine necessary, which shall.be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarificationsand interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the'Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof if any, OWNER or CONTRACTOR may make a written Claim therefor as provided in Article 1 i or Article 12. Authorized Variations in Work: 9.5: ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adJustmcm in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documerts. These may be. accomplished by a Field Order and will ,'be binding on OWNER and also on CONTRACTOR who- shall perform. the Work involved promptly. if bIVNER or CONTRACTOR believesthat a Field Orderjdstifi,es an adjustment in the:ContractPiicc or the Contract Tim'cs and the parties arc unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article II'or 12. Rejecdng Defeelir a Work 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER.believes will not produce a completed Project that conforms to the Contract Documents or that will prejudicethe integrity of the design concept of the completed Project as.a functioning whole as indicated by the Contract Documents: ENGINEER will -also have I uthority to require special. inspection or, testing' of the Work as provided in paragraph 13:9, whether or not the Woik is fabricated; installed a.completed. Shop Drawings, Change :Orders and Payments: 9.T In connection with ENGINEER's authority as to Shop Drawings.and Samples, see paragraphs 6.24 through 6.18 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10.' 11; and 12. 9.9.. In connection with ENGINEERs authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 0.16. ENGINEER will determine the, actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will. review with CONTRACTOR the ENGINEER's preliminary determinations on such.matters before rendering a written decision thereon (by recommendation of an Application 21 for. Payment or otherwise): ENIGINEER's ivritten decision thereon will Abe final and binding upon OWNER. and CONTRACTOR; unless, within. ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to. the other r and to ENGINEER written notice of intention to appeal from ENGINEER'S decision and (i) an appeal.from ENGINEERs decision is.taken within the time limits' and in accordance with the procedures set forth in Exhibit GC -A,. "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or(ii) if no such, Dispute: Resolution Agreement has been entered into. a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such nghts or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes.* 9.11. ENGINEER will be the initial interpreter of the requirements of: the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other mattax relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and.furnishing of the Work and claims under Articles 11 and 12.in-respect of changes in the Contract Price .or Contract Times will be referred' initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the ,agreement promptly (but in no event later than thirty days).aftcr the start of the occurrence or e . V ent giving rise thereto, and_written supporting data will be submitted to. ENGINEER and'the other party within sixty days_ after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more uccuraic data in support of such claim, dispute or other matter. The opposing party shallsubmit'anyresponse to ENGINEER and ,the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision.in writing within thirty days aher'receipt of the opposing part•'s submittal. if any, in accordance with this paragraph ENGINEER s written decision,on siich.claim.,dispute or'other matter will be final and binding upon OWNER rand CONTRACTOR unless: (i) an appeal from ENGINEER's.decision is taken within the time limits and in accordance with the procedures 'set ` forth in EXHIBIT GC -A, "Dispute Resolution Agreement"; entered into between OWNER and CONTRACTOR pursuant to Article, 16, or (ii) if. no such Dispute Resolution Agreement ;has. been .entered, into, a written notice of'intention' tb appeal from ENGMEE-Rs written decision is delivered by OWNER or CONTRACTOR to the other and to'INGIIvEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as,the appealing party may have with, respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such EKDC.oEI.'ERAL COND1T1 ONS 191" (1990 Edition) 22 w! CITY OF FORT COLLIM MODIFICATIONS iRIV 412000) decision, unlessotherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as :interpreter and' judge under paragra* 9:10 and 9.11, ENGINEER will not show partiality to.OWNER or CONTRACTOR and will not be liable in connection. with. any interpretation or decision rendered in good faith iii such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect, to any such claim, dispute or other matter (ekoept'any which have been waived by the making or acceptance of final payment as provided in paragraph 14:15) will be a condition, precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents: or by Laws or Regulations in respect of any such claim, dispute or other matter tile 16. 9.13. Limitations .on ENGINEER's Authority and ResponsBititfes: 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under anv other provision of.thre:Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not."ercise such authority or responsibility or the undertaking, exercise or performance of any authority r or6porisibility by ENGINEER shall create, impose or ,give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organiiniion,.or to any surety for or employee or agent of -any of them,. 9.13.2, ENGINEER will not supervise, direct; control or have authority over or be responsible for CONTRACTOR's means. methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto. or for any failure of'(ONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of.the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13:3. ENGINEER will not be. responsible for the acts or 'omissions of CONTRACTOR or of any Subcontractor. any Supplier, or of any other person or Work tion performing or furnishing any of the 9.13A. ENGINEEK's review of the final Application for Payment. and accompanying documentation and all maintenance and operating instructions; schedules guarantees, Bonds and certificates•of inspection,, tests and approvalsand other. documentation required to be delivered by. paragraph 14.12 will only be to determine.generally.that their content complies with the requirements of and in the case.of certificates of inspections, tests and approvals that the results certified indicate compliance frith, the Contract Documents 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10--CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon: receipt of any such document, CONTRACTOR shall'promptly proceed with the York involved `which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to theextent, if any, of an adjustment in the .Contract Price or an adjustment. of the Contract Times that should be allowed as a result of a'Work'Change Directive, a claim may be.made therefor as provided in Article 11 or Article' 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Tunes with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplcrnented,as provided in paragraphs 3.5'and 3.6, except in the case of an energerwy as provided in paragraph 6.23 or in the case of uncovering Work as provided to Paragraph 13.9. 10:4'. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments). covering: 10.41. changes in the Work which are (i) ordered by OWNER pursuant'to''paragraph 10.1, (u)required because of. acceptance of defective Work under paragraph 1.313 or correcting defec&e Work under paragraph 13.14, or,(Q agreed to by the parties; 1.0.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Timeswhich embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; Provided that, in lieu of executing any such Change Order, an appeal .may, be taken from any such decision in accordance with the provisions of the Contract. Documents and applicable Laws and Regulations, but during any such appeal. CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10:5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC GENERAL CONDITtOta51910-8 (1990 E(fitim) w/ CITY OF FORT COLLIM MODIFICATIONS (REV 42000) (includirp, but not limited to, Contract price or Contract Times) is required by the provisions of any Bond to be given 'to a.surettyy, the giving of any such notice will be CONTRACTO . responsibility, arid. the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE: 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assiggned to or undertaken by CONTRACfOR;shall.be atCON'IRAC:TOR's expense without change in the Contract Price. l) 2. The Contract Price may only be changed by a Change Order orby.a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party andtoENGINEER promptly (but in no event later than thirty days) after. the start of the occurrence or event giving rise to the claim and stating.the general nature of the claim. Notice: of the amount of the claim with supporting data shall be delivered within sixty days after the start- of such occurrence . or event (unless ENGINEER allows additional time forclaimant to submit additional or more accurate data in support of the claim) and "shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determined by II�IGINEER in accordance with' paragraph 9:11 if OWNER and CONTRACTOR cannot otherwise;agree on the amount involved. No' claim for an adjustment in the Contract Price ,till be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any. Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9,1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed .payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained "in the Contract Docurn6rrts and agreement to a lump sum. is not reached under paragraph 11.3.2, an the basis of the Gast of the Work (determined as provided in.paragniphs I I A and 11.5) plus. a .CONTRACTOR's fee for overhead and profit (determined as provided in paragraph l l .6), Cost of jwi Work: 11A. The teen Cm.of the Work means thc.'sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Pa yroll costs for employees in the direct employ of CONTRACTOR in the. performance of the Work 'under schedules of job classiftoations agreed upon by OWNER and • CONTRACTOR. Such employees shall include . without limitation superintendents, foremen and other personnel employed, full-time at the site. Payroll "costs for employees. not,employed ployed full-time on the Work shall be apportioned on the basis of thieir"timc. spent on the Work. Payroll Costs.shall m''clude;-but-not be limited too- salaries. and wages plus the cost of fringe. benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health aiid-reiis ement benefits, bonuses; applicable thereto. expenses exptnsof performing Work after regular working.hours, on Saturday, Sunday or legal holidays, shall be included :in the above to the extent authorized by OWNER: 11.4.2. Cost of all materials and equipment furnished and incorporated :in the Work, including costs of transportatidri And storage thereof.. and Suppliers' field services required in,con nection" therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments; in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER,. and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontmctors, if required by OWNER, EJCDCGENERALCONDITIONS 1910$ (1990Edition) 24 ad CITY OF FORT COLLIN'S MODIFICATIONS (REV 42000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any, "subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost .of the Work, and fee as provided in paragraphs 1 l.4, 11.5. 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Document9 insofaf as applicable. 11.4.4. Costs of special consultants (including but not Ignited to engineers, architects, testing laboratories; surveyors, attorneys. and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11A.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge'of duties connected with the WZirk. 11;4.5,2. Cast, including transportation and maintenance; of all materials, supplies, equipment,. machinery, appliances, office and temporary facilities at the site and hiand'tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by 01RWER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof=all in accordance with terms of said rental agreements. the renial of any such equipment, machinery 'or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5:5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor .or anyone directly or indirectly employed'by any,of, them or for whose acts any of them maybe liable.. arid royalty payments and fees for permitsand licenses. 11.4.5.6. Losses and damagcs (and related exiertses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordarce with paragraph 5.91 provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor; or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and .approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the p��rposc of determining CONTRACTORS fee. 11; however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR. shall be plaid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cast of utilities; fuel and sanitary facilities at the site. 11.4.5:8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11,4.5.9. Cost of premiums for additioiatl Bonds and insurance required because of changes in the Work. 11.5. The tern Cost of the Work shall not include any of the following: I1.5.1. Payroll costs and outer. compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether of the site or in CONTRACTOR's p'ip>af or a branch office for general administration of the Work and not specifically included in the agreed upon . schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5 Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11:53. Any part of CONTRACTOR's capital expienses, including interest on CONTRACTORS capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. `Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EJC DC GENERAL COND1 nom 191" (1990 Edtian) a/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) 1.1.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed. by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work. disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the:eosts`of any item not specifically and expressly included'in paragraph 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6'2. if a fixed fee is not agreed upmt; then a fee based on the following .percentages of the vanotm pioitions of the Cost of c Work; 11.6.2.1. far costs incurred under paragraphs 11 A. l and 11.4.2, the CONTRACTOR's fee, shall be fifteen percent; 11.6.2.2. for eons incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.1cohere one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2,. 11.4.3 and 11.6,2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee. of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4:1 and 11A.2 and that any hi - tier Subcontractor and CONTRACTOR will each be paid a fee-of-five-percent-o&the-amount-paid-to the-ne.,d4ower4ier-Subcentmeter to be negotiated An P-o6d faith with the 01�NER but not to exceed five lxrcent of the amount.paid to the next lower tier.Su orttmaor. l l.&2A. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in. a net decrease in cost will be the amount of,the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one charge, the adjustment in CONNTRACTORs fee shall be computed on the basis.* of the net change. in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cast of any Work is to be h7iM determined pursuant to paragraphs l l.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together withsupporting data. Cash Allowances: H.S. It is.understood that. CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work'so covered to be furnished and perforred for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable, trade discounts) of inaterials and cquipment.required by the allowances to be delivered at the site, and allapplicable taxes; and 11.82 CONTRACTOR's costs for unloading and handling on the site; labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional. payment on account of any of the foregoing will be valid - Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Brice shall be correspondingly adjusted. 11.9. Unit Price Work— 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work; initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated.quantity• of .each item as indicated in the Agreement. The estimated .quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an Amountconsidered by CONTRACTOR to be adequate to cover CONTRAtTOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article I i if: 11.9.11. the. quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; F.JCDCOENERAL COND171ONS 1910-8 (1990 E(ition) 26 ai CITY OF FORT COLLINS MODIFICATIONS (REV 412000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.33. if CONTRACTOR believes that CONTRACTOR is entitled to: an increase in Contract Price as a result: of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease.in Contract Price and the parties are unable' to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR. acknowledges that the OWNER has.the riahvto add or delete items in the Bid or change quantities: at OWNER'S sole discretion without affecting the Contract Price of any remainiriQ item so loniz as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12—CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milamnes) may only be changed by a Change Order or a Written Amendment. Any claim. for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER. promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general stature of the claim. Notice of the extent of the claim with supporting data shall be delivered within.skty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the, claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event., All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance, with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Cordraet Times(or Milestones) will be valid.if not submitted ill accordance with the requirements of this paragraph 111. 1.2.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3: Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR the.Contract Tirires'(or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12. L . Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article!. fires, floods,epidemics. abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed.to be delays.within the control of CONTRACTOR. 12.4.. Where CONTRACTOR is prevented from completing any part of the Work within the.Contract Times (or Ulestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Mlestores) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier;, any other person or organustion or to any surety for or employee or agent of any of them, for damages arising out of or resulting from @.delays caused by or within the control of the CONTRACTOR; or (ii) delays beyond the control of both parties including but not limited to, fires, hoods epidemics; abnormal weather conditions, acts of God m acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTJCLE' 13--TESTS AND iNSPEcTIONS; CORRECTION, REMOVM, OR ACCEPTANCE OF DEFECTIVEWORK 13.1. Notice rif Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will bi given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13:2. OWTIER Ei 1GINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable —times for their observation, inspecting and testing. 'CONTRACTOR shall provide them proper and safe conditions fix such. access and advise them of CONTRACTOR's:site' safety procedures and programs so that they may comply therewith as'applicable ' Tests and Inspections.• 13.3. CONTRACTOR shall give ENGINEER timely notice ofreadincss of the Work for all required inspections, tests or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNIM shall employ and pay for the services of an independent testing laboratory to .pe4crm all inspections, tests, a approvals required .by the Contract. Documents except: 13.4.1. for inspections, tests•or approvals covered by paragraph 13.5 below. 13.4.2. that costs incimred in connection with tests or inspections conducted pursuant to paragraph 13.9 EXDCOENIERAL CONDI71ONS 1910.8 (1990 E(fition) w, CITY OF FORT Comm moDIkICAnONS (REV 4r000) below shall be paid as provided in said paragraph 139; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws:or Regulations of any public body having jurisdiction require any Work (or part thereot) specifically to be inspected, tested or approved by an, employee or other relmsentative of such public body.CONTRACTOR shall assume full responsibility tor arranging and obtaining such' u' wections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all casts in connection with any inspections, tests or approvals required for OWNER's and ENGINEER s acceptance of materials or equipment to be incorporated in the Work; or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's. purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, testedor approved is covered by CONTRACTOR without written 'concurrence of ENGINEER, it must; if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 Shall he at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by 13IGINEER, be uncovered for ENGINEER's observation andyglaced at CONTRACTORs expense. 13.9. IfENGTNEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others CONTRACTOR, at ENGINEER's request; shall uncover, expose or otherwise make available for observation,'inspection or testing as IR40INE—M may require,, that portion of the Work in question, furnishing all necessary labor, material and equipment; If ii ' m fourid "diat such Wort: is defective. CONTRACTOR shall pay 'all `claims; "costs, losses and damages caused by; arising out of or resulting from such uncovering, exposure; observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs .of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Rice, and, if the parties are unable to agree as, to the amount thereof may make a claim therefor as provided in Article 11. If, however, such Work is not found to be ,*receive, CONTRACTOR shall be'allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering. exposure, observation, inspectiorL, testing, replacement and reconstruction: and, if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Articles II and I OWiVER Mav Sop the Work: 13.10. If the Work is defective or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the .Contract Documents, OWNER may ,order. CONTRACTOR: to stop the Work, or any, portion thereof, until the cause for such order has, been eliminated; however, this right of OWNER to stop the Work shall not givc.;risc:to any duty on the part of OWNER to. exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defeefive Work•. 13.117 If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not.fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRL4GI;OR :shall pay ;all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period 13.12a.If withinene veal two years after the date of Substantial Completion or such longer period.of time as may be prescribed by Lawi or Regulations or by the terms of any applicable special, guarantee required. by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance; with OWNEW's written instructions: (i) correct.suci ikfecttve Work; or, if it has been rejected by OWNER, remove it from the site and. replace it with Work that is not defective,, and (ii) satisfactorily correct or remove and replace any damage to other Work or the .work of'ot-hers resulting therefrom. TR If CONACTOR.does not promptly comply with the terms of,such instructions, or in an emergency where delay . would .cause serious risk of loss or .damage, OWNERmay have the defective Work -corrected or the rejected Work.remoyed and'replaeed, 'and all claims, costs, losses and dtmmges.caused b or resulting from such removal and .replacement including but not limited to,all costs.ofrepair or:replacement of work of odiers) will be,paid by CONTRACTOR- 13.12.2. In special„eireurnstances where. a particular item of equipment is placed in continuous service before Substantial Completion of all the Work the correction.period for.."t item may start to run.&om an earlier date if so provided in the Specifications or by Written Amendment: 13.12.3. Where defective Wort: (and damage to other EXI)C OEMakA1. COND111ONS 1910.8 (1990 E(fitim) 28 W1 CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of are year two vears _after such correction or removal and replacement has been satisfactorily completed. .4cceptance of Defecfive Work 13.13. If,, instead of requiririg correction or.removal and replacement of defective Work OWNER (and,prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all.claims, costs, losses and damages attributable, to OWNER's evaluation of and determination to accept such defective Work _(such costs to be approved. by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER'.-, recommendation of fuml payment, a Change Order will be issued incorporating the necc&-", revisions in the Contract Documents with respect to the Work: and OWNER., shall be entitled to an appropriate decrease in the Contract Price, and; if the, parties are unable to, agree as to the amount thereof, OWNER may make a claim therefor as provided in Article l 1. If. the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to'OWNER. 06VNER Ala F Correct Defective -Work: 13.14. If CONTRACTOk fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work,as required by. ENGiNFER in accordance with.paragmph 13.11, or if CONTRACTOR fails to perform the Work. in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, , OWNER may; after sever days' written notice to CONTRACTOR; correct and remedy any such deficiency. In.exercising the rights and remedies under this.paragmph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or pert of the site, take possession of all or part, of the Work, and suspend CONTRACTORs servicesrelated thereto, .take possession of CONTRA:CTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials. and equipment stored at the site or for which OWNER has paid CONTRACTOR but which .are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees. OWNER's other contractors and ENOINEER and E-4GINEER's Consultants access to the site to enable OWNER to exercise: the fights. and remedies under this pamgraph. All claims, costs losses and damages incurred orsustained by OkVNER in exercising such. rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with .respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount. thereof,. OWNER may make a claim therefor as provided in Article r11. Such claims, costs losses and 4. FINAL STABILIZATION AND LONG TERM STORMWATER MANAGEMENT Final Stabilization for this site will be achieved with the establishment of seed along with the completed site improvements (concrete trail). Final stabilization shall be considered achieved once all proposed site improvements are in place, all vegetation is established, all temporary BMPs are removed, and that downstream conveyances are inspected and certified to be clean and free from any construction debris resulting from the construction. Areas controlled by grass sod will be considered established upon the completion of the sod installation. Seeded areas will be considered established when vegetation is 70% of original coverage. The anticipated final stabilization date is included in the Construction Schedule in the Appendix. After the site is stabilized and temporary BMP's are removed, a completed Inactivity Notice to the Colorado Department of Public Health and Environment — Water Quality Control Division will be sent. A copy of this Notice will also be sent to the City of Fort Collins. After stabilization, there are no other long term, permanent BMPs proposed within the site other than routine maintenance of the site (landscape mowing, trail maintenance, etc.). 14 damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged byy correction. removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an e.,dension of the Contract Times (or Milestones) because of any delay in performance of the Work attribuf.A le to the exercise by OWNER'of OWNER's rights and remedies hereunder. ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values- 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments Ed will be incorporated into a form.of Application for tinentseileto ENProgresg.payments on ountof 1JnitPriee Workwill be based on the ntunber of units completed Appliauion for Prag--Payment• 14.2. At least;iwenty days before the date established for each progress. payment (but not more often than once a month). CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out,and signed by CONTPJACI'OR covering the Work completed as of the date 'of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing,.the Application for Payment shall also be aecompinied by a bill of sale, invoice or other documentation warranting that OWNER has received the - materials and equipment free and ciear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest; therein, all of which will be satisfactory to .OWNER. The amount of retainage with respect to progress payments wiU be as stipulated in the Agreement. Any fiinds"that are withheld by.the OtVNER shall not be subiect to'substitution by the CONTRACTOR with securities or arty arrangements involving an escrow or custodianship. By executing the application for oavment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes. Section 24-91-101 et M. CONTR4CTOR's Warranty of Title: .111.3. CONTRACTOR warrants and guarantees that tide to all Work materials and equipment Nvered by any Application for Paymerii, whether incorporated in the Projector not, will pass to.OV%rNMR no later than the time of payment free and clear of all Liens. Review of.4pplications for Progress Payment 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing.a EK DC GENERAL CONDITI OM 1910.8 (1990 Edtim) w/ CITY OF FORT COLLI NS !MODIFICATIONS (REV 4/?000) recommendation of payment and present the Application to Owf m, or return the Application to.CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Application. Teri days after presentation of the Application for Payment to OWNER with EN'61NEER's recommendation, the amount recommended µill (subject to the provisions of the last sentence of paragraph 14.7) become due and when due'will be paid by OWNER to CONTRACTOR 14.5. ENGINEER'S recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER'S on=site• observations of the executed Work as an experienced and qualified design professiorial and on ENGINEER's review of the Application for Payment -and the accompanying data, and schedules; that to the best of ENGINEER's latowledg6, information and belief: 14.5.1. the Work his progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evahiati6n of the Work as a functioning whole prior to or upon Substantial. Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph yAl Q, and to any -other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby bedeemed to have represented that: (0 exhaustive or continuous on -site inspections have been made to check the quality or the quantityy of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (0) that there may not be -other-matters. or issues between the. parties that might 'entitle CONTRACTOR to be paid additionally by.OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means; methods, techniques, sequences or procedures. of construction, or the safety precautions and programs incident thereto, or far any failure of CONTRACTOR to comply withlL ws and Regulations applicable to the famishing or performance: of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents, 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER'S opinion it would be incorrect to make the representations to 29. OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such paymen►, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent. as may be necessary in ENGINEER!s .opinion to protect OWNER from lossbecause: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14:7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 1114, or 14.7.4. ENGINEER has. actual knowledge of the occurrence of any of the, events enumerated in paragraphs 15.2.1 through 15.2.3 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, eXcept where CONTRACTOR has delivered a specific Bond 'satisfactory to OWNER to secure the satisfaction and discharge of such Liens; 147.7. there are other items entitling OWNER to a set- off against the amount.recommended, or 14,T& OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15:2.4 inclusive., but. OWNER must give CONTRACTOR immediate written notice (with a''copy to ENGINEER) stating the reasons for such action.and promptly pay CONTRACTOR the amount so withheld, oranyadjustment:thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action Substanffat Completion; 14.8. When. CONTRACTOR considers the.entire Work ready for its intended use CONTRACTOR shall notify 'OWNER and ENGINEER in writing that the entire Work is substantially.. complete (except for items specifically listed by CONTRACTOR as.incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR ,and ENGINEER shall'make an inspection.. of the Work to determine the status of completion. If' ENGINEER, does not consider the Work . substantially complete, ENGLTIEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EJCDC GENERA!. CONDITIONS 1910-8 (1990 Edition) 30 wIl7TYOFFORT COLLINS MODIFICATIONS (REV4Q000) considers the Work substantially complete. ENGINEER ivill prepare and deliver to OWNER a tentative certificate of Substantial Completion . which shall fix the date of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed or correoted before final payment OWNER shall have seven days after receipt of the, tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially: complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete ENGINEER will within said fourteen clays execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list. of items to be completed or corrected) retlecnng such changes from the tentative cbrtificate.as E eN6"E R believes justified after consideration cif any objections from OWNER At the time of delivery of the.tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of resporusnbnlifies periling final payment tktween OWNER .and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties, and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER to wrttutg prior t6 ENGiNEER's issuing the dc6rtiti6'e certificate of Substantial Completion. ElIGINEER's aforesaid recommendation Kill be binding on OWNER anal CONT TRACTOR until final payment. 14.9. OWNER shall have: the right to exclude CONTRACTOR from the Work after the date of Substantial Completion. -but OWNER shall allow CONTRACTOR reasonable access to complete br correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work, which: .(i) has specifically been identified iri.the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable partof the Work that can be used by OWNER for its intended purpose without significant. interference with CONTRACTO_R's performance of the remainder of the Work:, may be accomplished prior to Substantial Completion of all the Work subject to the following`. 14.10.I.01ADIER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of -the, Work which OWNER believes to be ready for its intended , use and substantially complete. If CONTRACTOR agrees.that such part of the Work is substantially umplete; CONTRACTOR will certify to OWNER and ENGINEER that -such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial .Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of. the, Work ready for its intended use and substantially complete' and requestLNI GINEER to issue-9 certificate of Substantial'Completion for that port of the Work. Within a reasonable time after either such request OWNER; CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status .of completion If ENGINEER does not consider that part of the Work to be substantially "complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers.that part of the Work to be substantially complete, the provisions of paragraphs 14 8 and 149 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of pan of the Work will be accomplished prior to compliance with the requirements of para6raph.5.15 in respect:of property. insurance. Final inspection: 14111. Upon written notice from CONTRACTOR that the entire Wort: or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify _CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or ofective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Finn! Application for Pi vinew: 14.12. After CONTRACTOR has completed all such corrections to.the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds; certificates or other evidence of insurance required by paragraph 5.4: certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR Ply make application for final payinerit, following the procedure for progress payments. The•fn'W Application for Payment shall be accompanied (except is previously delivered) by (i)all documentation called for in the Contract Documents, including, but not limited to the evidence of insurance required by subparagaph5.4.13, (ii) consent of the surety, if any, to fatal payment, and Gii) campletc and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the. Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and.Affidavit of CONTRACTOR that: (tj) the releases and receipts include all labor, services,: material and equipment be filed, for which a Lien could bed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected'with the Work for which OWNER or OWNER's property might in arty way be responsible havr.been paid or otherwise satisfied If any Subcontractor or Supplier fails EJCDCGENBM CONDITIONS 1910$ (1990E(6tim) wY CITY OF FORT COLLIN5 MODIFICATIONS (REV 4200N) to furnish such a release or receipt in full, CONTRACTOR. may furnish a Bond or other collateral satisfactory to OWNER to indemnify OIIiNER against any Lien Releases: or waivers of liens and the consent of the surety to finalize payment are to be, submitted on forms conforming to the format of the OWNER'S standard forms bound in the'Proied manual Final Payment andAcceptanee: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGNEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for payment. indicate in wnting ENGINEER's recommendation of N mien arid present the Application to OWNER for paymerrf. At the same time. ENGWEER"will also give, written notice to OWNER and CONTRACTOR that the Work is accel table subject to the provisions of paragraph 14.15, Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to. recommend final paymenit, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and With ENGINBER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paranranh 17 6 2 of these General.Conditions. 14.14. K through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Na itient and recommendation of ENGINLER,'and witbout�terminatinc the Agreement,:make payment of the balance due for that portion of the Work fully completed and accepted, if the remain4 balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been fumished as required in paragraph'5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of foal payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.11, from failure to comply with the.Contract Documents or the terms of any special guarantees specified therein; or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15;:2.A waiver,of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15-7SUSPENSION OF WORD AND TERMINATION OWAE:R May, Suspend Work. 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof. for a period of not more. than ninety days by notice in writing to CONTRACTOR and. ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the. date so fixed CONTRACTOR shall be allowed -an adjustment in the Contract Price or an extension of the Contract Times, or both, directly att'butable to any such sii4pcnsion if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNTM rtifay Terminate: 15.2. Upon the occurrence of any one. or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Cormad Documents (including: but not limited to, failure to supply sufficient _skilled workers. or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time purivauUo paragraph 6.6)' 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if .CONTRACTOR disregards the authority of ENGINEER;.or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if ariy) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, _ appliances, construction equipment and machinery at thesite' and use. the same to the full extent they could be used by CONTRACTOR (without liability to. CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EJCDC OEN U1 CONDITIONS 1910.8 (1990 Edition) 32 . w•l CITY OF FORT COLLIM MODIFICATIONS (REV 44000) CONTRACTOR butwhich are stored elsewhere, and finish -the Work as OWNTER may deem expedient: 1n such case CONTRACTOR shall not be: entitled to. receive any further payment until the Work is finished If the unpaid balance 'of the .Contract Priceexceeds all claims, casts, mag lcsses,and dam sustained by OWNER arising out of or resulting froth completing the Work such excess.will be paid to CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the.difference to OWNER. Such claims, costs. losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work pcKbimed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will, not affect any rights or remedies of OWNFdt against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER wnl) not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause. and without prejudice to any other,right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date'of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the.elfective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and.profcfon such expenses; 15.4.3. for all claims, costs, losses and damages incurred in seilaement of terminated contracts with Subcontractom Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall riot be paid on account of kiss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination CONTRACTOR Ala Stop Work or Terminate: 155, I f through no act or'fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act. on any Application for Payment within thirty days after it is submitted or OWNER fails for.thirty days to pay CONTRACTOR any suns finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and T- E GINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same.terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles I 1 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.16, 9.11 and 9A2, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—NIISCELLANTEOUS Gting Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it isintended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When arty period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EX -DC GENERAL CONDITIONS 1010-8 (19" Editim) w/ CITY OF FORT COLLI NS MODIFICATIONS (RINK 412000) 17.11 A calendar day of twenty-four hours measured from midnight to the neat midnight will constitute a day. Notce gfClaim: 17.1 Should OWNER or CONTRACTOR suffer injury or damage to person or property because of am error, omission or act of the other party or of any of the other party's employees or agents or others for'whose acts the otherparty is legally liable, claim will b. in de in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this.paragmph 17.3 shall norbe construed as a substitute fix or a waiver of the proviiioiis'of any applicable statute Of limitations or repose.Cuniuladve Remedies 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 1112, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as.a limitation of, any rights and remedies available to any or all of them which are othenvise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply, Professional tees and Court Costs Included• 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges. of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution casts. 17.6. The laws of the State. of Colorado apl+l ty o this reeinent. Referenceto two pertinent Colorado statutes are as follows . 17:6.1. Colorado Revised Statutes (CPS 8-17-101) require that Colorado labor be employed to perform the Work to the extent of not less than 80 percent f80°rot of each Ivpe or class of labor in the several classtfcattons pf illed and common labor emploved on the protect Colorado labor means any person who is a bona fide resident of the State of Colorado at the time of emplo en without_discrimination as to race color, creed age, religion or sex 17.6.2. If a claim is filed 01VnIER is rryttired Iry law (CRS 38 -6-107) to withhold from all Payments to CONTRACTOR sufficient funds to insure the par,mcnt of all claims for labor materials team hire sustenance. provisions, Provender, or other supplies used or consumed by CONTRACTOR or his 33 EJCDC QENTRAL CONDITIONS 1910-8 (1990 E(fiuion) 34 wti CITY OF PORT COLLINS MODIFICATIONS (REV 4nO ) (This gage left blank intentionally.) EJCDCGENEM CONDITIONS 191" (1990 Edition) 35 p/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) EJCDC GENERAL. CONDITIONS 1910.8 (1990 Echtim) 36 wl CITY OF FORT COLLINS MODIFICATIONS (REV 417000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DLSPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and 'CONTRACTOR is amended to include the following agreement.of the parties: 16.1, All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute -or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has.not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as -evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration %ill be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirtyday .or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event steal I any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute oflimitations, 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out. of or relating to the Contract Documents shall include by consolidation, joinder or in any other mariner any other person or entity (including ENGINEER, ENGiNEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16:4,1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.42. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4:3, the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified insuch consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6:11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist, 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof: and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising. out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until tell days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed FJCDC UENERAL CONDITIONS 1910-3 (1990Editioa) OC-Ai w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) FJCDC GENERAI, CONDITIONS 1910.8 (1990 Edlimi) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194) GC -AI SE 5. INSPECTION AND MAINTENANCE Site inspections will be performed to effectively address maintenance, repair, and adequacy of BMPs. The site inspections will be performed by the SWMP Administrator or his designee a minimum of once every fourteen (14) calendar days on active construction sites and within 24 hours after a significant storm event (an event causing erosion). As part of the site inspections the inspector will keep documentation of all inspections and BMP maintenance, including updated Site Maps indicating new BMPs or the removal of BMPs since the previous inspection. Blank Site Maps will be utilized and will be redlined by the SWMP Administrator throughout construction to note all BMPs, pollutant sources, storage locations, etc. Any maintenance,repair, or necessary installation of BMPs that are noted during the inspection must begin immediately. The modifications shall be noted in the SWMP and the action taken as a result of the inspection shall be noted and certified on or attached to the original inspection report (date and time that the repair or change was started and finished and a certification that it was done properly). 15 SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications). and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: Geotechnical Investigation, Power Trail Pedestrian Bridge Prepared by CTL Thompson, Inc. dated April 10, 2009. Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 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: Figure 1 - Location Of Exploratory Borings Figure 2 - Summary Logs Of Exploratory Borings Figure 3 - Example Lateral Earth Pressure Distributions Figure 4 and Figure 5 - Results of Laboratory Testing SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: Rev10/20/07 Section 00800 Page 1 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion,.Collapse, and Underground coverage unless waived by the Owner. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL) . SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule days lost due to abnormal weather conditions. Rev10/20/07 Section 00800 Page 2 SECTION 00900 ADDENDA,,MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment Rev 10/20/07 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 .TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED.BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: DATE: DATE: Rev 10/20/07 Section 00950 Page 1 Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT 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: B Rev1o/2o/07 Section 00960 Page 1 CONTRACT AMOUNTS APPLICATION FOR PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored Bid This Previous To Item Month Periods Date Materials Total Unit This Earned Percent Number Description Quantity Units 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 $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 $0.00 $0.00 $000 $0.00 Section 00960 Page 2 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period 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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 $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 Section 00960 Page 3 Section 00960 Page 4 TABLE OF CONTENTS TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REOUIREMENTS Section 01000 Project Summary Section 01100 Summary of Work Section 01160' Site Conditions Section 01290 Measurement and Payment Section 01300 Coordination and Project Meetings Section 01310 Construction Schedules Section 01330 Shop Drawings, Product Data and Samples Section 01340 Survey Data Section 01450 Quality Control and Testing Section 01500 Temporary Controls Section 01510 Temporary Utilities Section 01570 Traffic Control Section 01600 Material and Equipment Section 01700 Contract Close -Out Section 01800 Definition of Bid Items DIVISION 2 SITEWORK Section 02100 Mobilization Section 02200 Earthwork and Grading Section 02221 Trenching, Backfilling and Compaction Section 02230 Clearing and Grubbing Section 02240 Tree Removal Section 02304 Aggregate Base Course Section 02520 Portland Cement Concrete Paving Section 02890 Pedestrian and Light Vehicle Bridge — IPE Decking Section 02900 Site Revegetation APPENDIX A Geotechnical Investigation Power Trail Pedestrian Bridge Fort Collins, Colorado CTL / T Project No. FC04868-125 April 10, 2009 SCHEDULE OF DRAWINGS SHEET SHEET TITLE 1 COVER SHEET 2 KEENLAND DRIVE ACCESS RAMP 3 MAIL CREEK DITCH CROSSING 4 RCP DITCH CROSSING 5 8' SIDEWALK CONNECTION City of Fort Collins Table of Contents Park Planning and Development Page 1 of I 6. SWMP IMPLEMENTATION It is the responsibility of the permittee to operate and maintain all facilities and systems of treatment and control which are installed to achieve compliance with the conditions of the permit. This includes effective performance, adequate funding, adequate staffing and training, etc. (see permit). All personnel on the construction site who will be in a position to affect or be affected by the SWMP shall be trained prior to beginning work. These individuals will be given general orientation information regarding the project and SWMP, shown where the SWMP is physically located, the SWMP will be explained to.them and available for their review, and the enforcement policy will be reviewed. After this training, a certification that the employee or subcontractor's employee is familiar with the document and its procedures will be signed. Copies of these certifications are included in the Appendix. Throughout the construction, as a part of a weekly safety meeting, the SWMP will be reviewed with all attendees and any incidents discussed. All attendees shall be logged. If the SWMP Administrator is made aware of a person(s) intentionally or unintentionally violating the SWMP or Permit, the following actions will be taken: (contractor can modify this as appropriate) 1) First incident — written warning with copy documented in SWMP and given to employer (if subcontractor). 2) Second incident — suspended from site for seven days. 3) Third incident — suspended from site completely. 4) If any subcontractor has three incidents (even with three different employees) the subcontractor will be suspended from the site. During construction, the SWMP will be located (CONTRACTOR TO SPECWY HERE) For a period of 3 years after the Permit Inactivity Notice is received by the State, the SWMP will reside with the City of Fort Collins Park Planning and Development office (215 N Mason Street, Fort Collins, Colorado 80524). 16 `DIVISION�1, t �� r f s a ; �,.,...0 , s,.�P.,,�..._s�.da�'��F',.f„?'h��.�....:�x�...?�., _i�r%-t�.,�r,:�.,n+�w i�:��!#, �` ,�?'a<t.c 4�.t 4§. �!-#��;�7��„ <i°3x 5•: � �c�. �.n,�, h����f.:=,.?�,.���. �''i:s.A ,-,...' ,a �. SECTION 01000 — PROJECT SUMMARY PART 1 - GENERAL 1.01 Scope A. This section contains general requirements that are applicable to this project. 1.02 Description of Work A. The Contractor shall provide all labor, materials and equipment necessary to perform the work items indentified in the bid schedule. 1.03 City Furnished Materials A. None. 1.04. Conditions of Work A. Oualifications for Bidding: The Contractor must meet minimum qualifications as a condition for bidding the Work. In addition to any other stated requirements the Contractor must be an established single company for five (5) or more years. The Contractor must list a minimum of three (3) projects similar in scope and size, as well as provide the contact information for each of the referenced projects. The Contractor must list a minimum of three (3) projects similar in scope and size that required obtaining a State of Colorado Stormwater Discharge Permit. Please also provide corresponding permit numbers for these projects. Providing contact information that is inaccurate or incomplete will disqualify the referenced project and may disqualify the bid from award. Please provide the following: Project Name: Owner: Timeline of Construction thru completion: Project Contact for Construction Reference: B. Area of Work: The Contractor shall confine his operations to the immediate work area. Material storage shall be confined to areas shown on the Drawings or designated by the City. C. Regulations: The Contractor shall comply with all applicable. Federal, State, and local regulations pertaining to safety, traffic control, fire prevention, erosion control and environmental protection. D. Working Hours: The Contractor's working hours shall be between 7:00 a.m. and 5:00 p.m., with no work on weekends or Federal holidays, unless otherwise approved by the City. E. Material Storage: The Contractor's material and equipment storage site shall be limited to the area of the project site. The area shall be kept orderly and free of litter. 1.05 Project Cleanup A. The Contractor is responsible to maintain the construction site in a clean and orderly condition from the start of the project to completion. Daily cleanups are required. 1. The City may require Contractor to perform cleanup within 100 feet of the progress of the work and perform cleanup of the site daily prior to work stoppage. B. Store volatile wastes in covered containers and dispose off -site. 1. Provide on -site covered'containers for the collection of waste materials, debris and rubbish. City of Fort Collins 14BSECTION 01000 — PROJECT SUMMARY Park Planning & Development Division Page 1 of 4 2. Neatly store construction materials, such as concrete forms, when not in use. C. Wastes shall not be buried or burned on the site or disposed of into storm drains, sanitary sewers, streams or waterways. D. At project completion the Contractor shall remove all equipment, materials, and debris from the site including toilets and dumpsters. Areas around work sites shall be cleaned with dirt and grass surfaces raked clean of any slag from the Contractor's operations. Broom clean exterior paved surfaces. Remaining dirt and fill material shall be removed, or may be scattered, with the approval of the City. 1.06 Trash Removal A. All non -salvageable items and trash shall be hauled off the site and disposed of in accordance with applicable state and local regulations. Items shall be transported in tarp -covered or closed vehicles. Any materials dropped or blown off vehicles shall be picked up immediately by Contractor. 1.07 Verification of Dimensions A. The Contractor shall he responsible for the coordination and proper relation of the work. He shall field verify all dimensions and advise the City of any discrepancies prior to proceeding with that phase of the work. 1.08 Fire Hydrants A. Fire Hydrant Connections: City's permission is required for connection to fire hydrants. Only compatible adapters shall be utilized for hydrant connections. A gate valve shall be provided and installed by the Contractor between the hydrant and supply hoses to control flow. Connection shall include backflow protection. Temporary connections to fire hydrants shall he disconnected at the end of each working day: No quick closing valves such as plug or butterfly valves will he used. 1.09 Outages A. Utility outages necessitated by the work shall be requested in writing at least fifteen (15) working days prior to the proposed outage. The request shall be directed to the City and shall stipulate the specific utility system(s) and circuits to be affected, the location of the work, the time at which the shutdown will occur, and the duration of the outage for each system. Outages shall be kept to a minimum both in number and in duration. Where multiple outages are required, as many outages.as can be accurately scheduled shall he submitted as a group. 1.10 Fill Material A. Excess fill material, including rock, gravel, sod, broken concrete or asphalt, plaster, etc., shall be hauled off the site and disposed of in accordance with applicable State and local regulations. B. Additional fill material, if required, shall be hauled to the site from off the site as a necessary part of the work. Material composition shall be subject to the requirements of the specifications. 1.11 Parking A. Parking of the Contractor's vehicles shall be restricted to an area designated by the City. 1.12 Telephone A. Business Telephone: At the beginning of construction, the Contractor shall provide the City with a telephone number at which the Contractor or his representative may be contacted at any time during regular working hours. The Contractor shall also provide a phone number for after -duty hours contact. City of Fort Collins 14BSECTION 01000 — PROJECT SUMMARY Park Planning & Development Division Page 2 of 4 1.13 Sanitary Provisions A. The Contractor shall provide temporary toilets for the use of construction personnel. Location, type, proposed maintenance, etc., shall be approved by the City prior to placing toilets. Temporary toilets shall be removed at the completion of construction and the adjacent area restored to the condition existing prior to the start of construction or as indicated on the plans. 1.14 Pollution Abatement A. Transporting materials to or from the site shall be accomplished in a manner preventing materials or particles from becoming airborne. Earth materials shall be covered, wetted or otherwise protected. Gravel, sand and concrete shall be contained within vehicles to prevent spillage. B. Prevent the deposit of dirt, mud or debris on improved streets and roads, and remove all should such deposition occur. C. Burning of any material on site is prohibited. D. Stream beds, lakes, drainage ways, sanitary and storm sewers, etc., shall not be polluted by fuels, oils, bitumen, acids, or other harmful materials. Surface drainage from the construction site, which contains harmful amounts of sediment, shall not be allowed to drain onto adjacent areas. All grading shall be accomplished to allow sedimentation to settle out prior to flowing onto adjacent areas. E. Flushing of concrete trucks is allowed only at the project site or the designated contractor storage area, with the responsibility of control and cleanup resting with the Contractor. F. Toxic, corrosive and flammable materials for construction other than specified shall not be used without prior approval of the City of Fort Collins. When approved, disposal of these materials or their containers will be off site and conform to state and federal regulations. 1.15 Protection of Property A. Initiate, maintain and supervise necessary protection to prevent damage, injury or loss to: 1. The Work and materials and equipment to be incorporated in the project, whether in storage on or off the site: and 2. Property at the site or adjacent thereto, including fences, patios, driveways, sidewalks, pavement, trees, shrubs, lawns, walks, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. B. Maintain, protect, and support existing utilities and other appurtenances against damage by shoring, bracing, or other means. C. Do not stockpile excavated material against existing appurtenances. 1.16 Survey Requirements A. ' Contractor shall be responsible for construction staking necessary for proper and accurate completion of the work covered by this contract. The Contractor shall provide experienced instrument personnel, competent assistants, and such instruments, tools, stakes, and other materials required to complete the survey, layout, and measurement Work. Survey work shall be performed under the direction of a licensed professional surveyor in the State of Colorado. In addition, Contractor shall furnish, without charge, competent personnel and such tools, stakes, and other materials as Engineer may require in checking survey, layout, and measurement Work performed by the Contractor. 1.17 Construction Superintendent A. The construction superintendent shall beat the job site anytime work is being accomplished by any of the trades per General Conditions including, but not limited to, Article 6. City of Fort Collins 14BSECTION 01000 — PROJECT SUMMARY Park Planning & Development Division Page 3 of 4 PART 2 - MATERIALS (Not Applicable) PART 3 - EXECUTION (Not Applicable) PART 4 - MEASUREMENT & PAYMENT (Not Applicable) END OF SECTION J City of Fort Collins 14BSECTION 01000 — PROJECT SUMMARY Park Planning & Development Division Page 4 of 4 SECTION 01100 - SUMMARY OF WORK PART 1 - GENERAL 1.01 Description of Work A. The City of Fort Collins Power Trail — Keenland Drive to Trilby Road includes construction of new 10' wide colored concrete trail, installation of 36" RCP culvert pipe, installation of a 65' Pedestrian Bridge with helical pier abutments, hydro -seeding, and restoration for any areas disturbed during construction. B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. 1.02 Notices to Private Owners and Authorities ' A. Notify private owners of adjacent property, utilities, affected governmental agencies, and school district when execution of the work may affect them. B. Give notif cation 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior to excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items that would affect their daily operation. E. Several names and telephone numbers of potentially affected agencies and utilities in the area are listed below for Contractor's convenience. This may not be a comprehensive listing of agencies. Water - City of Fort Collins, Colorado 221-6681 Storm Sewer - City of Fort Collins, Colorado 221-6605 Sanitary Sewer - City of Fort Collins, Colorado 221-6681 Electrical - City of Fort Collins, Colorado 482-5922, 221-8553 Gas - Public Service Company of Colorado 482-5922, 221-8553 Telephone - QWest Communications 484-0300, 226-6310 Roads - City of Ft. Collins, Colorado 221-6815 Cable Television — AT&T Cable Services 493-7400 Utility Locates - One -call System 1-800-922-1987 Safety - Occupational Safety and Health Administration (OSHA) 844-3061 Fire - Poudre Fire Authority Non -Emergency 221-6581/ Emergency 911 Police - City of Fort Collins Police Department Non -Emergency 221-6550 / Emergency 911 Larimer County Sheriff s.Department - Non -Emergency 221-7177 Postmaster - United States Postal Service 482-2837 Ambulance - Poudre Valley Hospital Non -Emergency 484-1227 / Emergency 911 Public Transportation—'TransFort' 221-6620 Traffic Control - Traffic Engineering 221-6815 City of Fort Collins SECTION 01100 — SUMMARY OF WORK Park Planning & Development Division Page 1 of 2 PART 2 - MATERIALS (Not Used) PART 3 - EXECUTION (Not Used) PART 4 - MEASUREMENT & PAYMENT (Not Used) END OF SECTION City of Fort Collins SECTION 01100 — SUMMARY OF WORK Park Planning & Development Division Page 2 of 2 DNISION 1r '�<°`_� �, r,t 4 u7 `w f�^«' 4 ,. �?,,..., .?3a.. - ..w.�..: r A."A.:. ..,:�«,. ��:'?X: h..,;.,# ?�#'. x, s1N5, a_ f ``v1,m .�",.,,. 7 y. z.�<.. n,s rhra r�* _... , , >' _, .. S .... . SECTION 01160 — SITE CONDITIONS PART 1 - SITE INVESTIGATIONS AND REPRESENTATION 1.01 General Investigations A. 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, 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. 1.02 Soil Conditions A. 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. 1.03 Contractor Representation A. 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 - INFORMATION ON SITE CONDITIONS 2.01 General 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. A. Differing Subsurface Conditions: 1. In the event that the subsurface or latent physical conditions are found materially different from those indicated in these Documents, and differing 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 Owner in writing of such changed conditions. 2. 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. City of Fort Collins SECTION 01160 —SITE CONDITIONS Park Planning & Development Division Page 1 of 3 B. Underground Utilities: 1. 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 - CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE 3.01 General A. Where the Contractor's operations could cause damage or inconvenience to railway, telegraph, telephone, television, oil, gas, electricity, water, sewer, or irrigation systems, the operations shall be . suspended until all arrangements necessary for the protection of these utilities and services have been made by the Contractor. B. Notify all utility offices which are affected by the construction operation at least 48 hours in advance. Under no circumstances expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities. C. The Contractor shall protect all utility poles from damage. If interference of power poles, telephone .poles, guy wires, or anchors is encountered, notify the Owner's Representative 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. 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 Owners and the utility 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. In no case shall interruption of any water or utility service be allowed to exist outside working hours unless prior approval is granted. 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. 3.02 Interfering Structures A. 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. City of Fort Collins SECTION 01160 - SITE CONDITIONS Park Planning & Development Division Page 2 of 3 3.03 Field Relocation A. During the progress of construction, it is expected that minor relocations of the work will be necessary. Such relocations shall be made only by direction of the Owner's Representative. If existing structures are encountered that prevent the construction, and that are not properly shown on the Drawings, notify the Owner's Representative before continuing with the construction in order that the Owner's Representative may make such field revision as necessary to avoid conflict with the existing structures. If the Contractor shall fail to so notify the Owner's Representative when an existing structure is encountered, and shall proceed with the construction despite the interference, he shall do so at his own risk. 3.04 Easements A. Easements will be obtained by the Owner where portions of the work are located on public or private property. Easements will provide for the use of the property for construction purposes to the extent indicated within the easement agreements. 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 the Owner's Representative, the Contractor will be required to furnish the Owner with written releases from property owners or public agencies where side agreements or special easements have been made by the Contractor or where the Contractor's operations, for any reason, have not been kept within the construction right-of-way obtained by the Owner. B. It is anticipated that the required easements and permits will be obtained before construction is started. However, should the procurement of any easement or permit be delayed, the Contractor shall schedule and perform the work around these areas until such a time as the easement or permit has been secured. 3.05 Land Monuments A. The Contractor shall notify the Owner's Representative of any existing Federal, State, Town, 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 Owner's Representative at least two (2) weeks in advance of the proposed construction in order that the Owner's Representative will have ample opportunity to notify the proper authority and reference these monuments for later replacement. END OF SECTION City of Fort Collins SECTION 01160 — SITE CONDITIONS Park Planning & Development Division Page 3 of 3 SECTION 01290 MEASUREMENT AND PAYMENT PART 1-GENERAL 1.01 Description A. This section covers the methods employed in determining the payment due for work completed under this contract. B. The bid price should cover all work required by this contract based upon the quantities outlined in the bid form. C. Where actual quantities differ from those outlined in the bid form; unit prices as stipulated in the bid form shall be utilized to compute payment. D. Where unit prices are not set forth on specific work, that work shall be considered a subsidiary obligation of the Contractor. E. Quantities given in the bid form are estimates for the purpose of evaluating bids consequently some difference may arise in actual and bid quantities. 1.02 Lump Sum Prices A. Where lump sum (LS) prices are given for an item in the bid schedule or for items added during construction by change order, the price will include all materials, labor, overhead and any other cost incurred to complete the construction of the item in accordance with the plans and specifications. B. All unit prices for each item shall include its pro rata share of profits, taxes, and overhead, and are for the items installed in place, maintained and guaranteed. Including these factors, unit prices must accurately reflect actual costs. Unit prices are to be valid for the life of the contract. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION City of Fort Collins SECTION 01290 — MEASUREMENT AND PAYMENT Park Planning & Development Division Page 1 of 1 APPENDIX A PERMIT ISSUED FROM CDPHE SECTION 01300 — COORDINATION AND PROJECT MEETINGS PART 1 - GENERAL 1.01 General A. In order to provide for an orderly progression of work, all parties involved in the construction will meet at various times during the project to discuss pertinent items regarding the work. B. Coordinate operations under contract in a manner that will facilitate progress of the Work. C. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations that affect the service of such utilities, agencies, or public safety. 1.02 Conferences A. The pre -construction conference will be held at a time to be determined by the Owner, after the awarding of the Contract and prior to the issuance of the Notice to Proceed. The meeting will involve the Owner, the Engineer, the Contractor, subcontractors and representatives of utilities and other properties that will be directly affected by the work. The Contractor will have a complete construction schedule ready for review at the time of the pre -construction conference. B. Hold conferences for coordination of the Work when necessary. C. The City may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1.03 Progress Meetings A. Contractor and the City shall schedule and hold regular progress meetings at least weekly and at other times as requested by the City or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent 2. Owners Representative 3. Landscape Architect 4. Others as may be requested by contractor, Landscape Architect or Owner C. Minimum Agenda shall include: 1. Review of work progress since last meeting 2. Identification and discussion of problems affecting progress 3. Review of any pending change orders 4. Revisions of Construction Schedule as appropriate 1.04 Job Site Administration A. Contract administration and construction observation services will be provided by the Owner. The Owner will make decisions regarding changes in the work and adjustments in contract quantities and/or unit prices. END OF SECTION City of Fort Collins SECTION 01300 — COORDINATION AND PROJECT MEETINGS Park Planning & Development Division Page 1 of 1 DIVISION 1 j 4 ?Y�t ;R c i+ a k{4 tr r }F s gf Qy r 5 tM s SECTION 01310 - CONSTRUCTION SCHEDULES PART 1 - GENERAL 1.01 General A. It is the intent of the Owner to begin construction as soon as possible after the opening of the bid. The signing of the contract and issuance of a Notice to Proceed will be completed promptly to accomplish that objective. The Notice to Proceed will authorize the. Contractor to begin project administration and construction work on the site. Construction work shall not begin on site prior to the pre -construction conference. B. The Contractor shall complete all work, including cleanup of the site by "Substantial Completion" date, specified in the Agreement, subject to the "Liquidated Damages" provision described under "Instructions to Bidders." C. Delays during project contract period outside control of the Contractor are subject to time extension consideration but not financial compensation unless such delay is significant enough to reasonably require Owner initiated work suspension (demobilization) as determined in the field by the Owner at the time of occurrence. See Paragraph 1.04 for requirements for modifying the Contract Time due to weather delays. D. Contractor shall plan and schedule his own work effort (personnel, equipmentand material) to complete the project satisfactorily within the project time limits. Such schedule shall be in general, conformance with the schedule submitted at the pre -construction conference. This includes the requirement that the Contractor conduct his operations to enable a shift of work effort from one part of the project to another to reasonably accommodate unexpected delays, and to conduct his daily operations so as to not create a public nuisance including but not limited to access or traffic obstruction, dust and mud generation, work outside of construction limits, noise, unsatisfactory cleanup or site restoration, unacceptable equipment/materials staging, flooding, etc. No work is to begin at the site until Citv's acceptance of the Construction Schedule.. E. Contractor shall prepare and submit a Critical Path Method (CPM) schedule. The schedule shall show all work completed within the contract time and shall cover the time from the date of Notice to Proceed to the completion date. Contractor shall use Microsoft Project 2000 or approved equivalent to develop and manage the CPM schedule. F. Schedule shall include milestones that demonstrate the Contractor's approach to completing the project within project time limits. Milestones shall be of sufficient number to indicate regular progress of work and shall identify major components of the work. Milestones are subject to Owner approval prior to work beginning at the site. If Contractor fails to meet a milestone, contractor shall submit an updated schedule subject to Owner approval and demonstrate how the remaining milestones will be met. The Owner may order work shut down or suspended for nonconformance with the approved schedule (See Paragraph G. below) G. Milestones (minimum required items) H. The Contractor may voluntarily shut down or suspend work due to conditions beyond his control provided a minimum of 24 hours notice is provided to the Owner together with the reasons for subject suspension of work. The Contractor shall leave the project conditions in such a way so as not to cause a public nuisance or a threat to public safety. Neither remobilization costs nor additional time will be allowed for such suspension unless agreed to in writing in advance. I. The Owner or Engineer may order work shut down or suspended for such nonconformance issues as unsafe conditions, nonconformance with schedule, cause of public nuisance, unnecessary private property disturbance, materials and labor unsuited to the task, nonconformance to technical specifications, failure to comply with permits, etc. The Owner or Engineer will give a written warning to the Contractor with a specified deadline during which time the Contractor shall remedy the cause(s) described on the warning. Failure to do so shall justify the Owner or Engineer to order work shut down City of Fort Collins — Soft Gold Park SECTION 01310 — CONSTRUCTION SCHEDULES Park Planning & Development Division Page 1 of 4 or suspended. Such shutdown will not be compensated by cost reimbursement or time schedule adjustment. J. Failure to promptly execute the approved schedule in the judgment of the Owner will result in a written warning submitted to the Contractor explaining the specific compliance needed. Failure of the Contractor to remedy the noted items may be considered a breach of contract possibly leading to work shutdown for cause or contract termination. 1.02 Format and Submissions A. Prepare Construction and Procurement schedules in a graphic format suitable for displaying schedule and actual progress. B. Submit two copies of each schedule to owner for review. Owner will return one copy to contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. 1.03 Progress Revisions A. A schedule update shall be submitted to the Owner at each weekly progress meeting that will reflect work performed in the previous week and the upcoming two-(2) weeks. Schedule updates shall not change any -Contract times. B. A complete schedule update shall be submitted with each application for progress payment. C. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. D. 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 other work. 1.04 Modifications to Time of Completion in the Approved Schedule A. The date of beginning and the times for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a date specified in the Notice to Proceed. The Contractor will proceed with the work at such rate of progress to ensure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner that the contract time for the completion of the work described herein is a reasonable. time, taking into consideration the climatic and other factors prevailing in the locality of the work. Every effort shall be made by the Contractor to complete the project within the "Contract Time" shown in the proposal. The "Contract Time" anticipates a "Normal" weather and climate condition in and around the vicinity of the Project site during the times of year that the construction will be carried out. Extensions of time based upon weather conditions shall be granted only if the Contractor demonstrates clearly that such conditions were "unusually severe," would not have been reasonably anticipated, and that such conditions adversely affected the Contractor's work and thus required additional time to complete the work. B. The following specifies the procedure for the determination of time extensions for unusually severe weather. The listing below defines the anticipated number of calendar days lost to adverse weather for each month and is based upon National Oceanic and Atmospheric Administration (NOAA) or similar data for the geographic location of the project. City of Fort Collins — Soft Gold Park SECTION 01310 —CONSTRUCTION SCHEDULES Park Planning & Development Division Page 2 of 4 Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions JAN FEB . MAR APR MAY JUN JUL AUG SEP OCT NOV DEC (7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days and the impact of adverse weather days that delay the work will be recorded on a day-to-day basis. It is assumed thaf the work will be carried out Mondays through Fridays (holidays excluded) unless an approved construction schedule or written authorization from the Owner indicates otherwise. The number of days of delayed work due to adverse weather or the impact thereof will then be compared to the monthly adverse weather schedule above. An actual adverse weather day must prevent work for 50 percent or more of the Contractor's workday, delay work critical to the timely completion of the project, and be documented by the Contractor. The City Representative observing the construction shall determine on a daily basis whether or not work can proceed or if work is delayed due to adverse weather or the effects thereof. The Contractor shall notify the Construction Coordinator in writing of any disagreement as to whether or -not work can proceed on a given date, within 2 calendar days of that date. The Owner will use the above written notification in determining the number of working days for which work was delayed during each month. C. At the end of each month, if the number of working days for which work was delayed due to adverse weather exceeds that shown in the above schedule, a Change Order will be executed which increases the Contract Time. The number of workdays delayed due to adverse weather or the impact thereof will then be converted to Calendar Days based on the contract completion day and date. This conversion assumes a 5-day work week, Mondays through Fridays, holidays excepted; should the Contractor have authorization to work weekends and/or holidays, then the method of conversion of workdays to calendar days would take this into consideration. The contract time period will then be increased by the number of calendar days calculated above and a new contract completion day and date will be set. D. The Contractor's schedule must reflect the above -anticipated adverse weather delays on all weather - dependent activities. E. While extensions of time shall be granted for "unusually severe" weather or climate conditions, the Owner shall make no monetary compensation for any costs to the Contractor arising out of such delays. The Contractor shall comply with the portions of the Contract Documents relating to his project schedule and amendments thereto which result from the "unusually severe" weather condition. F. Breakdowns in equipment or lack of performance by the Contractor will not be considered justification for an extension of time. Liquidated damages will be assessed as delineated elsewhere. G. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the Contractor has promptly given written notice of such delay to the Owner or Engineer. 1. To any preference, priority, or allocation order duly issued by the Owner. 2. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather as provided above; and 3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1 and 2, above. City of Fort Collins — Soft Gold Park SECTION 01310 — CONSTRUCTION SCHEDULES Park Planning & Development Division Page 3 of 4 1.05 City's Responsibility A. City'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. PART 2 - MATERIALS (Not Applicable) PART 3 - EXECUTION (Not Applicable) PART 4 - MEASUREMENT & PAYMENT (Not Applicable) END OF SECTION City of Fort Collins — Soft Gold Park SECTION 01310 — CONSTRUCTION SCHEDULES Park Planning & Development Division Page 4 of 4 �.. cf ;%,f"'s'.z,-'.i> DIVISION 1 k , k,,. s.,.e _,.., ; � ww. � � � .�- e, � �, � ... .,... � SECTION 01330 —SHOP DRAWINGS, PRODUCT DATA AND SAMPLES PART 1 - GENERAL 1.01 Shop Drawings A. Submit newly prepared information drawn accurately to scale. Highlight, encircle, or otherwise indicate deviations from the Contract Documents. Do not reproduce Contract Documents or copy standard information as the basis of Shop Drawings. Standard information prepared without specific reference to the Project is not a Shop Drawing. B. Shop Drawings include fabrication and installation Drawings, setting diagrams, schedules, patterns,' templates, and similar Drawings. Include the following information: 1. Dimensions. 2. Identification of products and materials included by sheet and detail number. 3. Compliance with specified standards. 4. Notation of coordination requirements. 5. Notation of dimensions established by field measurement. 6. Sheet Size: Except for templates, patterns and similar full-size Drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches but no larger than 24 by 36 inches. 7. Submittal: Submit 3 blue- or black -line prints and 2 additional prints where required for maintenance manuals, plus the number of prints needed by the Contractor for distribution. The Owner's Representative will retain 2 prints and return the remainder. a. One of the prints returned shall be marked up and maintained as a "Record Document." 8. Do not use Shop Drawings without an appropriate final stamp indicating action taken. 1.02 Product Data A. Collect Product Data into a single submittal for each element of construction or system. Product Data includes printed information, such as manufacturer's installation instructions, catalog cuts, standard color charts, roughing -in diagrams and templates, standard wiring diagrams, and performance curves. Mark each copy to show applicable choices and options. Where printed Product Data includes information on several products that are not required, mark copies to indicate the applicable information. Include the following information: a. Manufacturer's printed recommendations. b. Compliance with trade association standards. c. Compliance with recognized testing agency standards. d. Application of testing agency labels and seals. e. Notation of dimensions verified by field measurement. f. Notation coordination requirements. 2. Do not submit Product Data until compliance with requirements of the Contract Documents has been confirmed. 3. Preliminary Submittal: Submit a preliminary single copy of Product Data where selection of options is required. 4. Submittals: Submit 2 copies of each required submittal; submit 4 copies where required for maintenance manuals plus additional copies as needed by the Contractor for distribution. The City of Fort Collins SECTION 01330 — SHOP DRAWINGS, PRODUCT DATA AND SAMPLES Park Planning & Development Division Page 1 of 3 Owner will retain one and will return the other marked with action taken and corrections or modifications required. 5. Distribution: Furnish copies of final submittal to installers, subcontractors, suppliers, manufacturers, fabricators, and others required for performance of construction activities. Show distribution on transmittal forms. a. Do not proceed with installation until a copy of Product Data is in the Installer's possession. b. Do not permit use of unmarked copies of Product Data in connection with construction. 1.03 Samples A. Submit full-size, full -fabricated Samples cured and finished as specified and physically identical with the material or product proposed. Samples include partial sections of manufactured or fabricated components, cuts or containers of materials, color range sets, and swatches showing color, texture, and pattern. 1. Mount or display Samples in the manner to facilitate review of qualities indicated. Include the following: a. Specification Section number and reference. b. Generic description of the Sample. c. Sample source. d. Product name or name of the manufacturer. e. Compliance with recognized standards. f. Availability. and delivery time. 2. Submit Samples for review of size, kind, color, pattern, and texture. Submit Samples for a final check of these characteristics with other elements and a comparison of these characteristics between the final submittal and the actual component as delivered and installed. a. Where variation in color, pattern, or other characteristic is inherent in the material or product represented, submit at least 3 multiple units that show approximate limits of the variations. b. Refer to other Specification Sections for requirements for Samples that illustrate workmanship, fabrication techniques, details of assembly, connections, operation, and similar construction characteristics. c. Refer to other Sections for Samples to be returned to the Contractor for incorporation in the Work. Such Samples must be undamaged at time of use. On the transmittal, indicated special requests regarding disposition of Sample submittals. d. Samples not incorporated into the Work, or otherwise designated as the Owner's property, are the property of the Contractor and shall be removed from the site prior to Substantial Completion. 3. Preliminary Submittals: Submit a full set of choices where Samples are submitted for selection of color, pattern, texture, or similar characteristics from a range of standard choices. The Owner will review and return preliminary submittals with the Owner's notation, indicating selection and other action. 4. Submittals: Except for Samples illustrating assembly details, workmanship, fabrication techniques, connections, operation, and similar characteristics, submit 3 sets. The Owner will return one set marked with the action taken. 5. Maintain sets of Samples, as returned, at the Project Site, for quality comparisons throughout the course of construction. a. Unless noncompliance with Contract Document provisions is observed, the submittal may serve as the final submittal. b. Sample sets may be used to obtain final acceptance of the construction associated with each set. City of Fort Collins SECTION 01330 —SHOP DRAWINGS, PRODUCT DATA AND SAMPLES Park Planning & Development Division Page 2 of 3 B. Distribution of Samples: Prepare and distribute additional sets to subcontractors, manufacturers, fabricators, suppliers, installers, and others as required for performance of the Work. Show distribution on transmittal forms. 1.04 Quality Assurance Submittals A. Submit quality -control submittals, including design data, certifications, manufacturer's instructions, manufacturer's field reports, and other quality -control submittals as required under other Sections of the Specifications. B. Certifications: Where other Sections of the Specifications require certification that a product, material, or installation complies with specified requirements, submit a notarized certification from the manufacturer certifying compliance with specified requirements. 1. Signature: an officer of the manufacturer or other authorized individual shall sign Certification documents. C. Inspection and Test Reports: Requirements for submittal of inspection and test reports from independent testing agencies are specified in Division 1 Section "Quality Control and Testing," and in the applicable technical specifications. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION City of Fort Collins SECTION 01330 —SHOP DRAWINGS, PRODUCT DATA AND SAMPLES Park Planning & Development Division Page 3 of 3 `DINISION�ta S� l3 �a3 #ty I 4 1£�l C# 3c 3 v *5 LFt{iNy .,.., 5.tr s'y -4V'44 SECTION 01340 - SURVEY DATA PART 1 - GENERAL 1.01 Survey Requirements A. Contractor is responsible. for the layout of the Work. The City will not provide surveying. B. Base all measurements, both horizontal and vertical, on established control points. Verify all established control points at site prior to laying out the work. C. Perform layout of the Work with qualified personnel. 1. Minimum paved areas layout requirements: concrete trail: at all spot elevations and at grade changes, changes in horizontal alignment, and at stations along the sidewalk centerline and at all cross -sections. D. All field books; notes, and other data developed by Contractor in performing surveys required by the Work will be available to City for examination throughout the construction period. 1.02 Submittals A. Submit to City all survey data with other documentation required for final acceptance. PART 2 - MATERIALS (Not Used) PART 3 - EXECUTION (Not Used) PART 4 - MEASUREMENT & PAYMENT (Not Used), END OF SECTION City of Fort Collins SECTION 01340 — SURVEY DATA Park Planning & Development Division Page 1 of 1 'DIVISION'1�T! SECTION 01450 - QUALITY CONTROL AND TESTING PART 1 - GENERAL 1.01 General A. Provide such equipment and facilities as the City may require 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 are found to be acceptable. Any product that becomes unfit for use. after approval hereof shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. 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). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.02 City's Responsibilities A. City of Fort Collins shall be responsible for and shall pay all costs in connection with the following testing: 1. Soils compaction tests. 2. Trench & Structural backfill. 3. Pipe and structural bedding. 4. Tests not called for by the Specifications of materials delivered to the site. 5. Concrete, mortar and grout tests. 6. Pavement tests 1.03 Contractor's Responsibilities A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All re -testing for Work or materials found defective or unsatisfactory, including tests covered by 1.02 above. 3. Testing of pipe. 4. Vacuum testing of manholes. 5. Concrete materials and mix designs. 6. Asphalt materials and mix designs 7. Gradation tests for embedment, fill and backfill materials. City of Fort Collins SECTION 01450 — QUALITY CONTROL AND TESTING Park Planning & Development Division Page 1 of 2 Page 2 of 22 Permit No. COR-030000 CDPS GENERAL PERMIT STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY AUTHORIZATION TO DISCHARGE UNDER THE COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., CRS, 1973 as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the "Act"), this permit authorizes the discharge of stormwater associated with construction activities (and specific allowable non-stormwater discharges in accordance with Part I.D.3 of the permit) certified under this permit, from those locations specified throughout the State of Colorado to specified waters of the State. Such discharges shall be in accordance with the conditions of this permit. This permit specifically authorizes the facility listed on the certification page (page 1) of this permit to discharge, as of this date, in accordance with permit requirements and conditions set forth in Parts I and II hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit. This permit and the authorization to discharge shall expire at midnight, June 30, 2012. Issued and Signed this 3Is' day of May, 2007 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 4�Z&1-404 Janet S. Kieler Permits Section Manager Water Quality Control Division SIGNED AND ISSUED MAY 31, 2007 EFFECTIVE DULY 1, 2007 8. Material Substitution - any test for basic material or fabrication of equipment offered as a substitution for a specified item on which a test may be required in order to prove it compliant with the specifications. Nothing contained herein is intended to imply that the Contractor does not have the right to have tests performed on any material at any time for his/her own information and job control so long as the Owner does not assume responsibility for the cost or for giving them consideration when appraising quality materials. 1.04 Transmittal of Test Reports A. Submit 2 copies of each report of tests and engineering data furnished by the Contractor for City Representative's review. The Owner's Representative will retain one and will return the other marked with action taken and corrections or modifications required. B. The testing laboratory retained by the OWNER will furnish three (3) copies of a written report of each .test performed by laboratory personnel in the field or laboratory. Two (2) copies of each test report will be transmitted to the City Representative and one (1) copy to the Contractor within seven (7) days after each test is completed. 1.05 Contractor's Quality Control System A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of work, including that of his subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the City. Contractor's control system shall specifically include all testing required by the various sections of the Specifications. B. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. C. Records: maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the City and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature'of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to City in a reasonable time. D. Pipe alignment and grade is to be maintained through the use of suitable surveying instruments or laser equipment operated continuously during construction. Horizontal tolerances of + 0.3 feet and vertical tolerances of + 0.1 feet maximum deviation from plan and construction staking are to be maintained, except that visible "snaking" of the horizontal alignment and changes in directions of slope will not be permitted. PART 2 - MATERIALS (Not Used) PART 3 - EXECUTION (Not Used) PART 4 - MEASUREMENT & PAYMENT (Not Used) END OF SECTION City of Fort Collins SECTION 01450 — QUALITY CONTROL AND TESTING 'Park Planning & Development Division Page 2 of 2 SECTION 01500 - TEMPORARY CONTROLS 1.01 Noise Control A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1.02 Dust Control A. Dusty materials in piles or in transit shall be covered to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.03 Pollution Control A. Prevent the pollution of drains and watercourses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.04 Erosion Control A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. 1. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sandbags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to the greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual. END OF SECTION City of Fort Collins SECTION 01500 —TEMPORARY CONTROLS Park Planning & Development Division Page 1 of 1 F���. fy_ DN -PIVISIO1i ..u,.. r.� SECTION 01510 - TEMPORARY UTILITIES PART 1 - GENERAL 1.01 Utilities A. Furnish all utilities necessary for construction including, but not limited to temporary electric power and pay all cost associated with utilities during and used for the contract period. All temporary utilities installation shall meet the construction safety requirements of OSHA, State and local governing agencies. 1.02 Water A. Contractor is responsible for obtaining water for construction and shall pay all costs associated with establishing a temporary meter used during construction. 1.03 Sanitary Facilities A. Furnish temporary sanitary facilities at the site in the vicinity of the construction for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by rill personnel at the site. D. Obscure sanitary facilities from public view to the greatest extent practical. PART 2 - MATERIALS (Not Used) PART 3 - EXECUTION (Not Used) PART 4 - MEASUREMENT & PAYMENT (Not Used) END OF SECTION City of Fort Collins 33BSECTION 01510 - TEMPORARY UTILITIES Park Planning & Development Division Page 1 of 1 �x'k W DIVISI0N&1 '.h rd�k s� �N ., .._...._ +.�.. t,..,,..�c..,..�.._ ..,.. SECTION 01570 - TRAFFIC CONTROL PART 1 - GENERAL 1.01 General A. Traffic Control necessary to complete the project as depicted in the plans and specifications will be provided by the Contractor and will not be paid for separately. B. The Contractor must submit traffic control plans and coordinate all traffic control with the City's Traffic Control Coordinator as well as any other agencies with R.O.W. jurisdiction. The traffic control plans must be submitted and approved 72 hours prior to starting construction and before making each modification. C. Conformance: City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic Control Devices (U.S. Dept. of Transportation), or applicable statutory requirements of authority having jurisdiction. D. Limited closures may be permitted for short periods up to three days to allow installation of concrete pavement. Closures must be requested and approved 72 hours prior to anticipated closure. E. Limited alternating one-way traffic operation may be permitted during the hours from 9:00 A.M. to 3:30 P.M. One-way traffic operation must be requested and approved 72 hours prior to anticipated operation. F. At all times, Contractor must maintain two-way traffic with a minimum of one lane of traffic in each direction. Limited closures may be allowed. G. The Contractor must coordinate with adjacent residents to provide and maintain them sufficient access during the duration of the project. It will be the Contractor's responsibility to coordinate and communicate with the residents during construction. H. Keep traffic areas free of excavated material, construction equipment, pipe, and other materials and equipment. 1. Keep fire hydrants and utility control devices free from obstruction and available for use at all times. J. Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives. K. Provide and maintain temporary approaches or crossings at streets, businesses, and residences. L. Keep roads.open and in acceptable condition, unless closure or detour has been approved by City's Traffic Control Coordinator 72 hours prior to closure or detour. M. Define a temporary pedestrian access route for children coming from the surrounding neighborhoods. This pedestrian access route shall be located outside of the project limits. The pedestrian access route shall be kept free of excavated material, construction equipment, pipe, and other materials. 1.02 Traffic Control Plan A. Submit a detailed traffic control plan to Traffic Control Coordinator for review and acceptance. Plan must be accepted 72 hours prior to work commencing at the site. Maintain the accepted plan throughout all phases of construction. Provide copy to Owner prior to submittal. 1. Notify police, sheriff, ambulance services, and fire authorities of traffic control plan and the schedule of it. Distribute copies if requested. City of Fort Collins 35BSECTION 01570 - TRAFFIC CONTROL Park Planning & Development Division Page 1 of 2 1.03 Flaggers A. Required where necessary to provide for public safety, or the regulation of traffic, or by jurisdictional authorities. B. Shall be properly equipped and licensed. 1.04 Warning Signs and Lights A. Provide suitable barricades and warning signs for: 1. Open trenches and other excavations. 2. Obstructions, such as material piles, equipment, piled 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. 1.05 Parking A. Provide suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project so as to avoid interference with private property, public traffic, City's operations, or construction activities. Such parking shall occur on the project site or another suitable location, approved by the City. 1.06 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 City and all authorities having jurisdiction over any properties involved. PART 2 - MATERIALS (Not Used) PART 3 - EXECUTION (Not Used) PART 4 - MEASUREMENT & PAYMENT Not Used) END OF SECTION City of Fort Collins 35BSECTION 01570 - TRAFFIC CONTROL Park Planning & Development Division Page 2 of 2 DMSION SECTION 01600 — MATERIALS AND EQUIPMENT PART 1-GENERAL 1.01 Related Documents A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.02 Summary A. This Section includes administrative and procedural requirements governing the Contractor's selection of products for use in the Project. 1.03 Definitions A. Definitions used in this Article are not intended to change the meaning of other terms used in the Contract Documents, such as "specialties," "systems," "structure," "finishes," "accessories," and similar terms. Such terms are self-explanatory and have well -recognized meanings in the construction industry. 1. "Products" are items purchased for incorporation in the Work, whether purchased for the Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "systems," and terms of similar intent. 2. "Materials" are products substantially shaped, cut, worked, mixed, finished, refined, or otherwise fabricated, processed, or installed to form a part of the Work. 3. "Equipment" is a product with operational parts, whether motorized or manually operated, that requires service connections, such as wiring or piping. 1.04 Submittals A. Product List: Prepare a list showing products specified in tabular form acceptable to the Owner. Include generic names of products required. Include the manufacturer's name and proprietary product names for each item listed. 1. Coordinate product list with the Contractor's Construction Schedule and the Schedule of Submittals. Form: Prepare product list with information on each item tabulated under the following column headings: a. Related Specifications Section number. b. Generic name used in Contract Documents. C. Proprietary name, model number, and similar designations. d. Manufacturer's name and address. e. Supplier's name and address. f. Installer's name and address. g. Projected delivery date or time span of delivery period. 3. Initial Submittal: Within 30 days of date commencement of the Work, submit 3 copies of an initial product list. Provide a written explanation of omissions of data and for known variations from Contract requirements. 4. Complete List: Within 60 days after date of commencement of the Work, submit 3 copies of the completed product list. Provide a written explanation for omissions of data and for known variations from Contract requirements. City of Fort Collins SECTION 01600 — MATERIALS AND EQUIPMENT Park Planning & Development Division Page 1 of 3 5. Owner's Action: The Owner will respond in writing to Contractor within 2 weeks of receipt of the completed product list. No response within this period,constitutes no objection to listed manufacturers or products, but does not constitute a waiver of the requirement that products comply with Contract Documents. The Owner's response will include a list of unacceptable product selections, containing a brief explanation of reasons for this action. 1.05 Quality Assurance A. Source Limitations: To the fullest extent possible, provide products of the same kind from a single source. B. Compatibility of Options: When the Contractor is given the option of seeking between 2 or more products for use on the Project, the product selected shall be compatible with products previously selected, even if previously selected products were also options. C. Foreign Product Limitations: Except under one or more of the following conditions provide domestic products, not foreign products, for inclusion in the Work: 1. Not available domestic product complies with the Contract Documents. 2. Domestic products that comply with the Contract Documents are available only at prices or terms substantially higher than foreign products that comply with the Contract Documents. 1.06 Product Delivery, Storage and Handling A. Delivery, store, and handle products according to the manufacturer's recommendations, using means and methods that will prevent damage, deterioration, and loss, including theft. 1. Schedule delivery to minimize long-term storage at the site and to prevent overcrowding of construction spaces. 2. Coordinate delivery with installation time to assure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. 3. Delivery products to the site in an undamaged condition in the manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. 4. Inspect products upon delivery to ensure compliance with the Contract Documents and to ensure that products are undamaged and properly protected. 5. Store products at the site in a manner that will facilitate inspection and measurement of quantity or counting of units. 6. Store heavy materials away from the Project structure in a manner that will not endanger the supporting construction. 7. Store products subject to damage by the elements above ground, under cover in a weather -tight enclosure, with ventilation adequate to prevent condensation. PART 2-PRODUCTS 2.01 Product Selection A. General Product Requirements: Provide products that comply with the Contract Documents, that are undamaged and; unless otherwise indicated, new at the time of installation. B. Product Selection procedures: The Contract Documents and governing regulations govern product selection. Procedures governing product selection include the following: 1. Proprietary Specification Requirements: Where Specifications name only a single product or manufacturer, provide the product indicated. No substitutions will be permitted. 2. Semiproprietary Specification Requirements: Where Specifications name 2 or more products or manufacturers or where Specifications specify products or manufacturers by name, accompanied by the term "or equal" or "or approved equal," provide one of the products listed or comply with City of Fort Collins SECTION 01600 — MATERIALS AND EQUIPMENT Park Planning & Development Division Page 2 of 3 the Contract Document provisions concerning "substitutions" or obtain approval for use of an unnamed product. 3. Nonproprietary Specification Requirements: When Specifications list products or manufacturers that are available and may be incorporated in the Work, but do not restrict the Contractor to use these products only, the Contractor may propose any available product that complies with Contract requirements. Comply with Contract Document provisions concerning "substitutions" to obtain approval for use of an unnamed product. 4. Descriptive Specification Requirements: Where Specifications describe a product or name, provide a product or assembly that provides the characteristics and otherwise complies with Contract requirements. 5. Compliance with Standards, Codes, and Regulations: Where Specifications only require compliance with an imposed code, standard, or regulation, select a product that complies with the standards, codes, or regulations specified. 6. Visual Matching: Where Specifications require matching an established Sample, the Owner's decision will be final on whether a proposed product matches satisfactorily. 7. Visual Selection: Where specified product requirements include the phrase "... as selected from manufacturer's standard colors, patterns, textures..." or a similar phrase, select a product and manufacturer that complies with other specified requirements. The Owner will select the color, pattern, and texture from the product line selected. PART 3 - EXECUTION 3.01 Installation of Products A. Comply with manufacturer's instructions and recommendations for installation of products in the applications indicated. Anchor each product securely in place, accurately located and aligned with other Work. END OF SECTION City of Fort Collins SECTION 01600 — MATERIALS AND EQUIPMENT Park Planning & Development Division Page 3 of 3 �DMSION 1 � E SECTION 01700 — CONTRACT CLOSEOUT PART 1 — GENERAL 1.01 Related Documents A. Drawings and general provisions of the Contract, including general and supplementary conditions and other Division 1 specification sections, apply to this section. 1.02 Summary A. This Section includes administrative and procedural requirements for contract closeout including, but not limited to, the following: 1. Inspection procedures. 2. Project record document submittal. 3. Operation and maintenance manual submittal. 4. Submittal of warranties. 5. Final cleaning. B. Closeout requirements for specific construction activities are included in the appropriate Sections in Divisions 2 through 16. 1.03 Substantial Completion A. Preliminary Procedures:. Before requesting inspection for certification of Substantial Completion, complete the following. List exceptions in the request. 1. In the Application for Payment that coincides with, or first follows, the date Substantial Completion is claimed, show 100 percent completion for the portion of the Work claimed as substantially complete. 2. Advise the Owner of pending insurance changeover requirements. 3. Submit specific warranties, workmanship bonds, maintenance agreements, final certifications, and similar documents. 4. Obtain and submit releases enabling the Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5. Submit record drawings, maintenance manuals, final project photographs, damage or settlement surveys, property surveys, and similar final record information. 6. Deliver tools, spare -parts, extra stock, and similar items. 7. Make final changeover of permanent locks and transmit keys to the Owner. Advise the Owner's personnel of changeover in security provisions. 8. Complete startup testing of systems and instruction of the Owner's operation and maintenance personnel. Discontinue and remove temporary facilities from the site, along with mockups, construction tools, and similar elements. 9. Complete final cleanup requirements, including touchup painting. 10. Touch up and otherwise repair and restore marred, exposed finishes. City of Fort Collins SECTION 01700 - CONTRACT CLOSEOUT Park Planning & Development Division Page 1 of 5 B. Insnection Procedures: On receipt of a request for inspection, the Owner will either proceed with inspection or advise the Contractor of unfilled requirements. The Owner will prepare the Certificate of Substantial Completion following inspection or advise the Contractor of construction that must be completed or corrected before the certificate will be issued. 1. If the Owner's Representative determines that the work is not substantially complete at the time of review or that deficiencies remain at time of compliance review, the Contractor shall pay for the additional review(s) by Owner's Representative. 2. Results of the completed inspection will form the basis of requirements for final acceptance. 1.04 Status after Substantial Completion A. The date of substantial completion marks the beginning of the maintenance period defined in Section 02970 — Planting Maintenance. B. During maintenance period, the following conditions hold: 1. Insurance: Same as during construction. 2. Electricity and Irrigation Water: Supplied by Owner, as installed by Contractor under this contract. 3. Bonds: Remain in effect. 4. Retainage: Same as during construction. 1.05 Final Acceptance A. Preliminary Procedures: Before requesting final inspection for certification of final acceptance and final payment, complete the following. List exceptions in the request. 1. Submit the final payment request with releases and supporting documentation not previously submitted and accepted. Include insurance certificates for products and completed operations where required. 2. Submit an updated final statement, accounting for final additional changes to the Contract Sum. 3. Submit a certified copy of the Owner's final inspection list of items to be completed or corrected, endorsed and dated.by the Owner. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance and shall be endorsed and dated by the Owner. 4. Submit final meter readings for utilities, a measured record of stored fuel, and similar data as of the date of Substantial Completion or when the Owner took possession of and assumed responsibility for corresponding elements of the Work. 5. Submit consent of surety to final payment. 6. Submit a final liquidated damages settlement statement. 7. Submit evidence of final, continuing insurance coverage complying with insurance requirements. B. Reinspection Procedure: The Owner will reinspect the Work upon receipt of notice that the Work, including inspection list items from earlier inspections, has been completed, except for items whose completion is delayed under circumstances acceptable to the Owner. 1. Upon completion of reinspection, the Owner will prepare a certificate of final acceptance. If the Work is incomplete, the Owner will advise the Contractor of Work that is incomplete or of obligations that have not been fulfilled but are required for final acceptance. 2. If necessary, reinspection will be repeated. 1.06 Record Document Submittals A. General: Do not use record documents for construction purposes. Protect record documents from deterioration and loss in a secure, fire-resistant location. Provide access to record documents for the Owner's reference during normal working hours. City of Fort Collins SECTION 01700 —CONTRACT CLOSEOUT Park Planning & Development Division Page 2 of 5 ti TABLE OF CONTENTS PART A. COVERAGE UNDER THIS PERMIT 1. Authority to Discharge ................................................. ............................................................................................. a) Applicable Sections................................................................................................................................. b) Oil and Gas Construction........................................................................................................................ 2. Definitions................................................................................................................................................................ 3. Permit Coverage Without Application — Qualifying Local Programs...................................................................... a) Applicable Sections................................................................................................................................. b) Local Agency Authority.......................................................................................................................... c) Permit Coverage Termination.................................................................................................................. d) Compliance with Qualifying Local Program........................................................................................... e) Full Permit Applicability......................................................................................................................... 4. Application, Due Dates............................................................................................................................................. a) Application Due Dates............................................................................................................................. b) Summary of Application....................................................................................:.................................... 5. Permit Certification Procedures.......................................................................................................:........................ a) Request for Additional Information.: ......................................... I ............................................................. b) Automatic Coverage................................................................................................................................ c) Individual Permit Required.....................................................:........:...................................................... d) General vs. Individual Permit Coverage.................................................................................................. e) Local Agency Authority.......................................................................................................................... 6. Inactivation Notice.................................................................................................................................................... 7. Transfer of Permit...................................................................................................................................................... 8. Reassignment of Permit............................................................................................................................................ 9. Sale of Residence to Homeowners........................................................................................................................... 10. Permit Expiration Date....................................................................................:........................................................ 11. Individual Permit Criteria......................................................................................................................................... 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 6 6 6 B. STORMWATER MANAGEMENT PLAN — GENERAL REQUIREMENTS............................................................................ 6 C. STORMWATER MANAGEMENT PLAN — CONTENTS......................................................................................................... 7 1. Site Description........................................................................................................................................................ 7 . 2. Site Map......................................................................................................................7 .......................... 3. Stormwater Management Controls........................................................................................................................... 8 a) SWMP Adminis'trator............................................................................................................................... 8 b) Identification of Potential Pollutant Sources............................................................................................ 8 c) Best Management Practices (BMPs) for Stormwater Pollution Prevention ............................................ 8 4. Final Stabilization and Long-term Stormwater Management.................................................................................... 9 5. Inspection and Maintenance................................................................................................................................... 10 D. TERMS AND CONDITIONS................................................................................................................................................... 10 1. General Limitations 2. ................................................................................................................................................ BMP Implementation and Design Standards 10 3. .......................................................................................................... Prohibition of Non-Stormwater Discharges 10 4. ............................................................................................................ Releases in Excess of Reportable Quantities 11 5. .......................................................................................................... • SWMP Requirements............................................................................................................................................. 11 a) SWMP Preparation and Implementation 11 ............................................................................................... b) SWMP Retention Requirements 11 ............................................................................................................ c) SWMPReview/Changes....................................................................................................................... 11 d) Responsive SWMP Changes I 6. ................................................................................................................. Inspections............................................................................................................................................................... 12 a) Minimum Inspection Schedule 12 ............................................................................................................... b) Inspection Requirements 12 ......: ......................................... .........:.............................................................. c) Required Actions Following Site Inspections........................................................................................ 13 13 7. BMP Maintenance 8. .............. ................................. .................................................................................................... Replacement and Failed BMPs 13 9. ................................................................................................................................ Reporting................................................................................................................................................................. 14 14 -2a- B. Record Drawings: Maintain a clean, undamaged set of blue or black line whiteprints of Contract Drawings and Shop Drawings. Mark the set to show the actual installation where the installation varies substantially from the Work as originally shown. Mark which drawing is most capable of showing conditions fully and accurately. Where Shop Drawings are used, record a cross-reference at the corresponding location on the Contract Drawings. Give particular attention to concealed elements that would be difficult to measure and record at a later date. 1. Mark record sets with red erasable pencil. Use other colors to distinguish between variations in separate categories of the Work. 2. Mark new information that is important to the Owner but was not shown on Contract Drawings or Shop Drawings. 3. Note related change -order numbers where applicable. 4. Organize record drawing sheets into manageable sets. Bind sets with durable -paper cover sheets; print suitable titles, dates, and other identification on the cover of each set. 5. Prior to Contract Closeout, obtain from the Owner a reproducible Mylar copy of the Drawings. Using technical drafting pen, duplicate information contained on the Record Drawings maintained on site. Label each sheet "Record Drawing." On the first sheet, the Contractor or resident Superintendent shall execute the following statement: "Having reviewed this document and all attachments, I affirm that, to the best of my knowledge, the information presented here is true and accurate." Signed: Position: Date: C. Record Specifications: Maintain one complete copy of the Project Manual, including addenda. Include with the Project Manual one copy of other written construction documents, such as Change Orders and modifications issued in printed form during construction. 1. Mark these documents to show substantial variations in actual Work performed in comparison with the text of the Specifications and modifications. 2. Give particular attention to substitutions and selection of options and information on concealed construction that cannot otherwise be readily discerned later by direct observation. 3. Note related record drawing information and Product Data. 4. Upon completion of the Work, submit record Specifications to the Owner. D. Record Product Data: Maintain one copy of each Product Data submittal. Note related Change Orders . and markup of record drawings and Specifications. 1. Mark these documents to show significant variations in actual Work performed in comparison with information submitted. Include variations in products delivered to the site and from the manufacturer's installation instructions and recommendations. 2. Give particular attention to concealed products and portions of the Work that cannot otherwise be readily discerned later by direct observation. 3. Upon completion of markup, submit complete set of record Product Data to the Owner. Miscellaneous. Record Submittals: Refer to other Specification Sections for requirements of miscellaneous record keeping and submittals in connection with actual performance of Work. Immediately prior to the date or dates of Substantial Completion, complete miscellaneous records and place in good order. Identify City of Fort Collins SECTION 01700 —CONTRACT CLOSEOUT Park Planning & Development Division Page 3 of 5 miscellaneous records properly and bind or file, ready for continued use and reference. Submit to the Owner. F. Maintenance Manuals: Organize operation and maintenance data into suitable sets of manageable. size. Bind properly indexed data in individual, heavy-duty, 2-inch (51-mm), 3-ring, vinyl -covered binders, with pocket folders for folded sheet information. Mark, appropriate identification on front and spine of each binder. Include the following types of information: 1. Emergency instructions. 2. Spare parts list. 3. Copies of warranties. 4. Wiring diagrams. 5. Recommended "turn -around" cycles. 6. Inspection procedures. 7. Shop.Drawings and Product Data. 8. Fixture lamping schedule. 1.07 Warranties and Bonds A. Provide duplicate notarized copies. Maintain copies of all Contractor's submittals and assemble documents executed by subcontractors, suppliers, and manufacturers. Provide table of contents and assemble in binder with durable plastic cover. B. Submit material prior to final application for payment. For items of Work delayed materially beyond date of substantial completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. 1.08 Final Payment A. At the end of maintenance period, submit written certification that Contract Documents Work has been reviewed and that Work is complete in accordance with Contract Documents and ready for Owner Representative's review. B. In addition to submittals required by the conditions of the Contract provide submittals required by governing authorities, and submit a final statement of accounting giving total'adjusted Contract Sum, previous payments and sum remaining due. C. Owner's Representative will issue a final Change Order reflecting approved adjustments to Contract Sum not previously made by Change Order. D. Retainage will be held until advertisement for liens and encumbrances is completed. PART 2 — PRODUCTS (Not Applicable) PART 3 — EXECUTION 3.01 Closeout Procedures A. Operation and Maintenance Instructions: Arrange for each Installer of equipment that requires regular maintenance to meet with the Owner's personnel to provide instruction in proper operation and maintenance. Provide instruction by manufacturer's representatives if installers are not experienced in operation and maintenance procedures. Include a detailed review of the following items: 1. Maintenance manuals. 2. Record documents. 3. Spare parts and materials. 4. Tools. 5. Lubricants. 6. Fuels. 7. Identification systems. 8. Control sequences. 9. Hazards. City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT Park Planning & Development Division Page 4 of 5 10. Cleaning. 11. Warranties and bonds. 12. Maintenance agreements and similar continuing commitments. B. As part of instruction for operating equipment, demonstrate the following procedures: 1. Startup. 2. Shutdown. 3. Emergency operations. 4. Noise and vibration adjustments. 5. Safety procedures. 6. Economy and efficiency adjustments. 7. Effective energy utilization. 3.02 Final Cleaning A. General: The General Conditions require general cleaning during construction. Regular site cleaning is included in Division 1. B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to the condition expected in a normal, commercial building cleaning and maintenance program. Comply with manufacturer's instructions. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion. C. Removal of Protection: Remove temporary protection and facilities installed for protection of the Work during construction. 1. Remove labels that are not permanent labels. 2. Clean transparent materials, including mirrors and glass in doors and windows. 3. Clean exposed exterior and interior hard -surfaced finishes to a dust -free condition, free of stains, films, and similar foreign substances. Restore reflective surfaces to their original condition. Leave concrete floors broom clean. 4. Wipe surfaces of mechanical and electrical equipment. Remove excess lubrication and other substances. Clean plumbing fixtures to a sanitary condition. Clean light fixtures and lamps. 5. Clean the site, including landscape development areas, of rubbish, litter, and other foreign substances. Sweep paved areas broom clean; remove stains, spills, and other foreign deposits. Rake grounds that are neither paved nor planted,to a smooth, even -textured surface. D. Compliance: Comply with regulations of authorities having jurisdiction and safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials' on the Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from the site and dispose of lawfully. 1. Where extra materials of value remain after completion of associated Work, they become the Owner's property. Dispose of these materials as directed by the Owner. END OF SECTION 01700 City of Fort Collins SECTION 01700 —CONTRACT CLOSEOUT Park Planning & Development Division Page 5 of 5 DIVISIONi 127i ihi{ it aY} s d.b S s€ 4;Ac1%4A Y 4 <kykai r SECTION 01800 — DEFINITION OF BID ITEMS The following items describe the scope of work for this contract and are further clarified through limit -of -work boundary notes on "the drawings and specifications. The work described in each Bid Item may contain work from one or several technical specification sections. Contractor shall refer to the technical specifications that apply to the individual components. Bid Item 1 — Mobilization This work includes the mobilization of personnel, equipment and supplies at the project site in preparation for work on the project, as well as the establishment of the Contractor's offices, buildings and other.necessary facilities, and all other costs incurred or labor and operations which must be performed prior to beginning the other items under the Contract. This item shall also include marshalling, disassembly and security of all items indicated on the plans or specifications. Payment will be made as Work progresses. Payment for this item will follow in accordance with CDOT Standard Specifications for Road and Bridge Construction, Section 626. The total amount for mobilization shall not exceed five nercent (5%) of the total bid. Bid Item 2 — Surveying Contractor shall furnish a professional land surveyor, licensed in the State of Colorado for construction staking as stated in the specifications and drawings including, but not limited to, Section 01000, 1.16. Contractor shall submit a schedule of values for all surveying to be performed in accordance with the Drawings and Specifications prior to the preconstruction conference. Bid Item 3 — Traffic Control Contractor shall furnish all labor, materials and equipment for approved traffic control and traffic control plan for all street work. Item includes coordination of approvals and management with City Streets Department. Bid Item 4 — Erosion Control Contractor shall install and maintain erosion control items during construction in accordance with the Drawings and Specifications including, but not limited to Sections 107 and 208 of the most current CDOT Road & Bridge Construction Manual, construction entrance, silt fence, concrete washout, bales, etc. Contractor also shall obtain a State of Colorado Stormwater Discharge Permit as part of the erosion control. State of Colorado Stormwater Discharge Permit application will be provided by the City of Fort Collins. This permit takes approx. 10 days to receive from the time of submittal and needs to be on -site before the project can start. Bid Item 5 — Temporary Fence — Limits of Disturbance Contractor shall furnish all labor, materials, and equipment for the installation, maintenance, and removal of temporary fencing along access route and the west side of the proposed trail as shown on the drawings. Temporary fencing shall consist of metal "T"-posts installed at all corners and spaced no greater than 20' apart with a single smooth wire attached near the top. The fence must be installed prior to any other construction, maintained during and removed at the completion of the project. Bid Item 6 — Clear and Grub Contractor shall provide all labor and equipment for clearing, grubbing, removing, and disposing of vegetation and debris and other areas shown in the Contract or required by the work. Vegetation and objects designated to remain shall be preserved free from injury or defacement. Work includes all hauling and fees. Bid Item 7 — Unclassified Excavation Contractor shall furnish all labor, materials and equipment for site excavation including topsoil stripping, excavation, stockpiling, distribution, rough grading, fine grading, and haul and disposing of all excess material per Drawings and Specifications. City of Fort Collins Section 01800 - Definition of Bid Items Park Planning & Development Division Page 1 of 2 Bid Item 8 — Borrow ABC Class 5/6 (C.I.P.) The unit price for this item shall include supplying, placing, and compacting aggregate base course in accordance with the Drawings and Specifications or as otherwise directed by the ENGINEER. Measurement and payment for this item will be by the TON of actual tonnage placed, complete at proper moisture. The method to bring mixture to optimum moisture will not be measured or paid for separately, but shall be included in the unit price for this item. Bid Item 9 — 5" Colored Concrete Paving Contractor shall furnish all labor, materials and equipment to install concrete paving in accordance with the Drawings and Specifications. The unit price per square foot includes sub -grade preparation, installation of 5" thick concrete (4,000 psi) with fiber mesh reinforcement, and integral color additive equaling 2 lbs..per sack of Yosemite Brown color, forming; furnishing and applying curing compounds; finishing and edging the concrete surfaces; joints and joint materials; and all other related and necessary materials, work, and equipment required to construct the flatwork areas in accordance with the Drawings and Specifications. Item will also include wet setting (15) 18"x18"x3/4" Granite Art Pavers in concrete paving provided by the City with placement location from Owners Representative. Bid Item 10 — 5" Concrete Paving Contractor shall furnish all labor, materials and equipment to install concrete paving in accordance with the Drawings and Specifications. The unit price per square foot includes sub -grade preparation, installation of 5" thick concrete (4,000 psi) with fiber mesh reinforcement, forming; furnishing and applying curing compounds; finishing and edging the concrete surfaces; joints and joint materials; and all other related and necessary materials, work, and equipment required to construct the flatwork areas in accordance with the Drawings and Specifications. Bid Item 11 - 36" RCP Culvert — (C.I.P.) Contractor shall furnish all labor, materials and equipment to install 36" RCP under the proposed 10' trail per City of Fort Collins standard and specification in the location shown on the drawing. Bid Item 12 - 36" RCP Culvert - F.E.S. (C.I.P.) Contractor shall furnish all labor, materials and equipment to install 36" RCP flared end section under the proposed 10' trail per City of FortCollins standard and specification in the location shown on the drawing. Bid Item 13 — 65 Foot Pedestrian Prefabricated Bridge Contractor shall furnish all labor, materials and equipment to install a 10' wide by 65long pedestrian bridge in accordance to the drawings and specifications. Bid Item 14 — Pedestrian Bridge Abutment w/ Helix pier system Contractor shall furnish all labor, materials and equipment to construct a helical pier bridge abutment for the pedestrian bridge in accordance to the drawings and specifications. Bid Item 15 — Landscape Restoration Contractor shall provide all labor and equipment to backfill concrete trail; distribute topsoil and fine grade disturbed areas for preparation of seeding operations. This item includes removing any debris and or rocks larger than 1 %z" from seed preparation area. Bid Item 16 — Drill Seeding w/ Hydro -Mulch Contractor shall provide all soil preparation; fine grading; fertilizer; herbicide; seed; labor; hydro -mulching and equipment to seed native grass areas. END OF SECTION END OF DIVISION 1 City of Fort Collins Section 01800 - Definition of Bid Items Park Planning & Development Division Page 2 of 2 DIVISION 2 .. .SECTION 02050 - DEMOLITION PART 1 - GENERAL 1.01 Description of Work A. Demolition or salvage and removal of boulders (if found) for re -use in landscape; and remove fencing, other plant material, and debris or other items on the site necessary for the construction of the project. 1.02 Quality Assurance A. Standards listed hereunder and referenced elsewhere in these specifications shall become a part of this specification and are incorporated herein by reference. The latest edition, amendment or supplements thereto in effect thirty (30) days before date of invitation shall apply. 1. City of Fort Collins, Street Cut and Excavation Repair Standards 2. City of Fort Collins, Stormwater Drainage Design and Construction Standards PART 2 - MATERIALS - Not Used PART 3 - EXECUTION 3.01 Inspection and Reviews A. Schedule site meeting with Owner's Representative to verify and mark limits of demolition. 3.02 Protection A. Refer to the General Requirements for site protection and temporary controls. B. Erect barriers and warning signs as necessary to prevent injury to the public and construction personnel. C. Protect features and areas not marked for demolition. Limit use of site to the delineated areas. D. Use of explosives is prohibited. 3.03 Demolition and Removal A. Items listed for salvage remain the property of the City. Items listed for demolition shall become the property of the Contractor and shall be recycled by Contractor at appropriate facilities. B. Arrange for and pay costs associated with off -site disposal and recycling. 3.04 Hidden Conditions A. A hidden condition is any feature that could not be discovered or reasonably inferred from a careful inspection of the site prior to demolition. B. Promptly report hidden conditions to the. C. Hidden conditions may cause damage to features that are to remain in a finished work if demolition operations continue. Stop demolition operations affected by hidden conditions until a determination is made by the Owner's Representative. D. Hidden conditions may cause a change in contract time or price; refer to the General Conditions. END OF SECTION City of Fort Collins Section 02050 - Demolition Park Planning & Development Division Page 1 of 1 DIVISION SECTION 02100 - MOBILIZATION PART 1 - GENERAL 1.01 Work Included A. Prepare the site for construction. B. Move in and move out personnel and equipment. C. Set up and remove temporary offices, buildings, facilities and utilities. 1.02 Site Conditions A. The City has provided the right-of-way, easement or project site for all permanent access or permanent construction for the project. Any additional access, access right-of-way, construction areas, or additional needed land which may be involved in the construction of this project shall be the *responsibility of the Contractor. B. The land owned by the City may be used as site headquarters, storage yard, or base of operations provided that the use of said land meets with all of the requirements and restrictions imposed by the City at the time of usage. 1.03 Site Preparation for Contractor Occupancy A. The Contractor shall provide all temporary facilities as required for performing the work. The Contractor shall secure and maintain proper storage areas for equipment and materials in locations she/he may deem necessary for the proper execution of the job as approved by the City Representative. No storage yard or project headquarters site may be utilized in conflict with objections from the adjacent property owners unless the Contractor obtains from the City specific written permission for such objectionable use. No objectionable material will be,allowed to blow from, wash off or drain off of any storage yard on to adjacent property. B. The Contractor shall maintain all storage yards in as neat and orderly a manner as possible, allowing no accumulation of waste materials or disposal piles. The Contractor may construct a temporary security fence for the protection of materials, tools, and equipment. The fence shall be maintained during the construction period. Upon completion of work, the security fence shall be removed from the site. The Contractor shall provide adequate parking facilities within the designated area for personnel working on the project. C. The Contractor shall obtain the necessary permits for connection to necessary services provided by utility companies serving the project area. D. Materials, equipment, and work required for temporary storm water management during the construction period shall be provided by the Contractor as required to ensure public safety and to protect the work in progress and materials stored on site. 1.04 Damage or Use -Fee Claims A. Any damage or use -fee claims filed against the Contractor may become a part of the final settlement of this project and may be cause for delay of final acceptance or delay of final payment. City of Fort Collins Section 02100 — Mobilization Park Planning and Development Division Page 1 of 2 PART 2 - NOT USED PART 3 - EXECUTION 3.01 Obstructions A. The location of some utilities and obstructions may not be shown. Bidders are advised to carefully inspect the existing facilities before preparing their proposals. The removal and replacement of minor obstructions such as electrical conduits, air, water, and waste piping and similar items shall be anticipated and accomplished, even though not shown or specifically mentioned. Major obstructions encountered that are not shown on the Contract Drawings or could not have been foreseen by visual inspection of the site prior to bidding should immediately be brought to the attention of the City Representative. The City Representative will make a determination for proceeding with the work. If the City Representative finds that the obstruction adversely affects the Contractor's costs or schedule for completion, a proper adjustment to the Contract will be made in accordance with the General Conditions. 3.02 Demolition A. Any pipes or existing structures encountered during construction shall be preserved until accepted for removal by the City Representative. The Contractor shall be required to repair pipes or structures in use that are damaged during construction at no cost to the City. The removal of abandoned pipes shall be reviewed by the City Representative. 3.03 Removal and Salvage of Materials A. The Contractor shall carefully remove materials specified to be reused or salvaged so as not to damage the material. Reuse by the Contractor of salvaged material will not be permitted, except as specifically shown or specified herein. Existing materials to be removed or replaced and not specifically designated for salvage shall become the property of the Contractor. Provide and maintain dust tight temporary partitions, bulkheads, or other protective devices during the construction to permit normal operation of the existing facilities. Construct partitions of plywood, insulating board,,plastic sheets, or similar material. END OF SECTION City of Fort Collins Section 02100 — Mobilization Park Planning and Development Division Page 2 of 2 DMSION 2 SECTION 02200 - EARTHWORK AND GRADING PART 1 — GENERAL 1.01 Description of Work A. The Contractor shall provide all labor, materials and equipment necessary to perform the work items called for on the bid schedule. B. The Contractor shall perform all excavation regardless of the type, nature, or condition of material encountered, as specified or required in order to accomplish the construction. 1.02 City Furnished Materials A. None, unless otherwise noted on the Bid Schedule. 1.03 Site Conditions A. A geotechnical investigation may have been performed for the City in order to obtain relative data concerning the character of material in and upon which the project is to be built. If an investigation has been performed, the information will be available to the Contractor for information purposes only, and is not to be considered a part of the Contract Documents. The Contractor shall satisfy himself as to the kind and type of soil to be encountered and any water conditions that might affect the construction of the project. B. The locations of existing utilities are shown in an approximate way only and not all utilities may be shown. The Contractor shall determine the exact location of all existing utilities prior to commencing work. The Contractor shall be fully'responsible for any and all damages that might be occasioned by his failure to exactly locate and preserve any and all utilities.. If utilities are to remain in place, the Contractor shall provide adequate means of support and protection during construction. C. Should drawn, or incorrectly drawn, piping or other utilities be encountered during excavation, the Contractor shall advise the City within thirty (30) minutes of encountering the utility. The Contractor shall cooperate with the City and utility companies in keeping respective services and facilities in operation to the satisfaction of the respective owners. The City reserves the right to perform any and all work required should the Contractor fail to cooperate with the respective companies, and back charge the Contractor for any and all expenses. D. The Contractor shall provide barricades and signs in accordance with the Uniform Manual of Traffic Control Devices where applicable. The Contractor shall maintain all devices in a working manner. 1.04 Fill Material A. Excess fill material, including rock, gravel, sod, broken concrete or asphalt, plaster, etc., shall be hauled off the site and disposed of in accordance with applicable State and local regulations. B. Additional fill material, if required, shall be hauled to the site from off the site as a necessary part of the work. Material composition shall be subject to the requirements of the specifications. City of Fort Collins Section 02200 — Earthwork and Grading Park Planning & Development Division Page 1 of 5 1.05 Testing and Inspections Coordinate and schedule testing with City Representative. PART 2 - MATERIALS 2.01 Soil Materials A. Coarse -grained soils free from debris, roots, organic. material, and non -mineral matter containing no particles larger than 4-inch size and classified as either: 1. Sands with fines (SM, SC) and less than 25 percent of the soil particles passing the No. 200 sieve, or 2. Clean sands (SW, SP) 3. Native soils as determined acceptable by the Engineer. 2.02 Filter Fabric A. Filter Fabric shall be Typar 3451 W, Mirafi 700X or approved equal. PART 3 - EXECUTION 3.01 Preparation A. Field measurements: Before commencing work, locate all baselines and coordinates required for control of the work, establish required grade staking for control of excavation, fill and embankment construction. Filed verify by excavation the location all utility crossings, service connections, and connections to existing lines before proceeding with earthwork. B. Layout Lines and Levels: 1. The drawings indicate existing elevations and proposed elevations. The existing elevations and proposed are given for the convenience of the Contractor to assist him in arriving at the quantities of excavation, grading, backfilling etc. 2. Before earthwork operations are started, all construction items shall be completely staked out for the Owner's approval. For any area with a two- percent slope or flatter, the Contractor shall lay out a 50-foot on -center grid and calculate the exact elevation at every intersection of the grid lines. These calculations will be approved by the Owner's Representative. C. Removal of TopSoil: Strip existing earthen material (topsoil) to a depth of 6 inches over the entire site. Stockpile on site in area approved by Owner's Representative. Keep topsoil segregated. Place, grade, and shape stockpile for proper drainage. 3.02 Excavation A. Prior to beginning excavation operations, accomplish all site preparation in accordance with these specifications. Perform excavation of every description to the lines and grades indicated on the drawings. B. Complete excavation work to the grade elevations shown on the drawings for all areas to be paved. City of Fort Collins Section 02200 — Earthwork and Grading Park Planning & Development Division . Page 2 of 5 TABLE OF CONTENTS (cont.) 10. SWMP Availability................................................................................................................................................. 14 11. Total Maximum Daily Load (TMDL)..................................................................................................................... 14 E. ADDITIONAL DEFINITIONS.................................................................................................................................................. 15 F. GENERAL REQUIREMENTS.................................................................................................................................................. 16 1. Signatory Requirements........................................................................................................................................... 16 2. Retention of Records............................................................................................................................................... 16 3. Monitoring.............................................................................................. ....16 ............................................................. PART II A. MANAGEMENT REQUIREMENTS........................................................................................................................................ 17 1. Amending a Permit Certification............................................................................................................................. 17 2. Special Notifications - Definitions.......................................................................................................................... 17 3. Noncompliance Notification.................................................................................................................................... 17 4. Submission of Incorrect or Incomplete Information................................................................................................ 18 5. Bypass....................................................................................................................................................................:. 18 6. Upsets .................. :.................................................................... :.................................. ........................................... 18 7. Removed Substances............................................................................................................................................... 18 8. Minimization of Adverse Impact............................................................................................................................. 18 9. Reduction, Loss, or Failure of Stormwater Controls............................................................................................... 19 10. Proper Operation and Maintenance......................................................................................................................... 19 B. RESPONSIBILITIES..........................................................................................................................................:.......................19 1. Inspections and Right to Entry ...............................................:................................................................................. 19 2. Duty to Provide Information.................................................................................................................................... 19 3. Transfer of Ownership or Control........................................................................................................................... 19. 4. Modification, Suspension, or Revocation of Permit By Division............................................................................. 20 5. Permit Violations..................................................................................................................................................... 21 6. Legal Responsibilities.............................................................................................................................................. 21 7. Severability..............................................................................................................................................................21 8. Renewal Application............................................................................................................................................... 21 9. Confidentiality.........................................................................................................................................................21 10. Fees.......................................................................................................................................................................... 21 11. Requiring an Individual CDPS Permit..................................................................................................................... 22 -2b- 3.03 Clearing the Site A. All areas underlying new structures, paved areas, site fills and embankments shall be cleared of stumps, shrubs, brush, and other vegetative growth. B. Any material containing roots, grasses and other deleterious or organic matter generally found in the top six inches of undisturbed natural terrain shall be stripped from all areas,requiring excavation, grading, trenching, subgrade preparation for foundations and embankment work. The City will require stripped top soil deemed suitable for spreading over the finished grades to be stockpiled and preserved until the finished grading operation, at which time it shall be spread uniformly over areas to be seeded or sodded. C. Upon completion of the project, completion of a particular phase of the project, or termination of the use of any particular area, site, storage yard right-of-way or easement, the Contractor shall promptly and neatly clean up the area and re-establish the ground to the contours required by the project or conditions prior to project commencement. 3.04 Earth Fill Construction A. The Contractor shall perform all grading to the lines and grades specified and/or established by the Engineer, with an appropriate allowance for topsoil. All slopes shall be free of all exposed roots and stones exceeding 3-inch diameter, which are loose and liable to fall. Tops of banks shall be rounded to circular curves not less than 6-feet in radius. B. Rounded surfaces shall be neatly and smoothly trimmed. Topsoil shall be replaced to a depth of 4-inches in areas to be revegetated. C. The Contractor shall protect the fill against freezing when atmospheric temperature is less than 35 degrees F (1 degree Q. 3.05 Compaction A. The Contractor shall meet minimum percentage density specified for each area classification as follows. Percentage of Maximum Density Requirements: Compact soil to not less than the indicated percentages of maximum density relationship determined in accordance with ASTM D 698. Foundations, Paved Areas, Utilities and Sidewalks - 95 percent 2. Unpaved Areas - 90 percent B. Control moisture content within 2% of optimum moisture content as determined by ASTM D 698. Where subgrade or layer of soil material is too dry to permit compaction to the specified density, uniformly apply water to surface of cut area, subgrade, or loosely placed layer of soil material. Mix soil and applied water by blading, disking, or other methods to achieve uniform moisture content throughout the soil mass to be compacted. C. Remove and replace, or scarify and air dry, soil material that is too wet to permit compaction to specified density. Soil material that has been removed because it is too wet to permit compaction may be stockpiled or spread and allowed to dry. Assist drying by disking, harrowing or pulverizing until moisture content is reduced to a satisfactory value. D. Puddling is not an acceptable method -of compaction. City of Fort Collins Section 02200 — Earthwork and Grading Park Planning & Development Division Page 3 of 5 3.06 Grading A. Paved Areas: Immediately prior to placing structural pavements, shape area to the required lines, grades, and limits to provide the finished elevations indicated and roll with an approved heavy vibratory roller until compacted to the specified density. Maintain moisture content within . 2% of optimum during final rolling and until subgrade is covered by subsequent construction. Remove loose material and protect subgrade until covered. The subgrade under all paved areas and the play area shall conform to the elevations shown on the drawings. B. Landscape Area and Remainder of Site: 1. Rough grade areas as indicated on grading plan to 4 inches below finish grade. After rough grading is finished, compacted and approved, scarify area to a depth of at least 6 inches. 2. Place previously stockpiled topsoil in all areas within the limits of the project not indicated to receive subsequent foundations, slabs on grade, walks, safety surfacing or other similar materials. 3. Uniformly distribute topsoil on the disturbed area and evenly spread to a thickness of 4 inches deep after light compaction. Perform spreading so that planting can proceed with little additional soil preparation or tillage. Do not place topsoil when subgrade is frozen, excessively wet, extremely dry or in a condition otherwise detrimental to specified grading, seeding and planting specifications. C. Finish Grading: 1. Grade all excavated sections, filled sections, construction disturbed areas and adjacent transition areas.to finish elevation. Make finished surfaces smooth, compacted and free from irregular surface changes. 2. Unless indicated otherwise on drawings, finish grade area adjacent to sidewalks and pavements to %2 inch below finish elevation of sidewalk and pavement. 3. Remove all construction debris. Grades not otherwise indicated shall be uniform levels or slopes between such points and existing finish grade. Abrupt change in slopes shall be rounded. 3.07 Settlement A. Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, the Contractor shall scarify the ground surface, re -shape, and compact to required density prior to further construction. B. Any settlement in backfill, fill, or in structures built over the backfill or fill, which may occur within the guarantee period in the General Conditions will be considered to be caused by improper compaction methods and shall be corrected at no cost to the City. Any structure damaged by settlement shall be restored to their original condition by the Contractor at no cost to the City. 3.08 Disposal of Excess.Excavation and Waste Materials and Special Requirements A. The Contractor shall dispose of all excess excavated material not required for fill on -site, as directed by the Engineer. City of Fort Collins Section 02200 — Earthwork and Grading Park Planning & Development Division Page 4 of 5 B. The Contractor shall remove and be responsible for legally disposing of excess fill material not placed on -site, waste materials, trash and debris. C. The Contractor shall conduct all site grading operations and other construction activities to minimize erosion of site soil materials. He/she shall be responsible to maintain streets/public ROW daily by removing any spillage of dirt, rocks or debris from equipment entering or leaving the site. END OF SECTION City of Fort Collins Section 02200 - Earthwork and Grading Park Planning $ Development Division Page 5 of 5 :DIVISION 2 :.�r n a '. ' r .� pj � j � � x • � i. SECTION 02221 — TRENCHING, BACKFILLING, AND COMPACTION PART 1 - GENERAL 1.01 Scope Furnish all labor, materials, and equipment, and perform all operations to complete trenching, including excavation, subgrade preparation, drainage, filter fabric installation, bedding, backfilling, compacting, and finish grading for underground pipelines, service lines, sleeving, and appurtenances as shown on the drawings and as specified herein. 1.02 Related Work A. Section 02200 — Earthwork and Grading. B. Section 02520 — Portland Cement Concrete Paving. 1.03 Protection A. Obtain utility locations before commencing work. Protect all existing underground utilities, above ground structures or plantings, or repair to original condition. PART 2 MATERIALS: 2.01 Trench Backfill Material A. Trench excavation or imported material free from frozen material, stumps, roots, brush, other organic matter, cinders or other corrosive material, debris, and rocks or stones greater than 2 inches in any dimension. 2.02 Other A. Bedding, piping, filter fabric, and other materials specified on the drawings and in related sections. PART 3 EXECUTION 3.01 Preparation A. Remove and stockpile topsoil from areas to be disturbed by construction. Keep topsoil segregated from non -organic trench excavation materials and debris. 3.02 Trenching A. Excavate trenches by open cut methods. Segregate suitable backfill. Rough trench excavation will leave trench with uniform width and vertical sidewalls from an elevation one foot above the top of installed pipe to the bottom of pipe. B. Minimum trench width will provide 6 inch space between pipe wall and side of trench. Maximum trench width will be shown on the drawings or in the appropriate pipeline section. If not specified elsewhere the maximum trench width is the pipe O.D. plus 20 inches. C. Grade trench bottom to provide uniform clearance for bedding material. De -water trench. Remove loose material and foreign objects. When required, install filter fabric per manufacturer's specifications. City of Fort Collins Section 02221 — Trenching, Backfilling and Compacting Park Planning & Development Division Page 1 of 2 D. Unstable sub -grade is not expected. If unstable subgrade material is encountered, report the condition to the Owner. Remedy and payment for subgrade stabilization will be based on the actual conditions encountered. 3.03 Bedding A. Pipe will be bedded in accordance with the, detailed drawings or the appropriate pipeline specification. 3.04 Backfilling and Compaction A. Backfill trench promptly after completion of pipe bedding. B. Deposit material in uniform layers with thickness commensurate with the soil encountered and the compaction equipment used. C. Compaction requirements will be made at the moisture content and will meet the densities, by zone, specified in Section 02200 — Earthwork and Grading. D. Coordinate and schedule compaction tests with City Representative. 3.05 Surface Restoration A. Restore pavements according to City of Fort Collins Standards. B. Restore landscaped areas according to Section 02900 — Landscaping. END OF SECTION City of Fort Collins Section 02221 — Trenching, Backfilling and Compacting Park Planning & Development Division Page 2 of 2 DIVISION,r SECTION 02230 — CLEARING AND GRUBBING PART 1 — GENERAL 1.01 Description of work A. This work shall consist of clearing, grubbing, removing, and disposing of all vegetation and debris within the limits of the project and such other areas as may be SHOWN ON THE DRAWINGS. This work shall also include preservation of vegetation and objects designated to remain from injury or defacement. B. The Contractor shall be responsible for the procurement of all applicable licenses, permits, and fees related to Forestry work in the City of Fort Collins as required for the specified work. PART 2 — MATERIALS — Not used PART 3 — EXECUTION 3.01 Protection of Existing Improvements A. Provide protection necessary to prevent damage to existing improvements indicated to remain in place. B. Protect improvements on adjoining properties and on City's property. C. Restore damaged improvements to their original condition, acceptable to parties having jurisdiction. D. Protect existing trees and other vegetation indicated to remain in place, against unnecessary cutting, breaking or skinning of roots, skinning and bruising of bark, smothering of trees by stockpiling construction material or excavated material within drip line, excess foot or vehicular traffic, or parking of vehicles within drip line. Provide temporary guards to protect trees and vegetation to be left standing. E. Water trees and other vegetation to remain within limits of contract work as required to maintain their health during course of construction operations. F. Provide protection for roots over 1-1/2" diameter cut during construction operations. Coat cut faces with emulsified asphalt, or other acceptable coating, formulated for use on damaged plant tissues. Temporarily cover exposed roots with wet burlap to prevent roots from drying out; cover with earth as soon as possible. G. Repair or replace trees and vegetation indicated to remain which are damaged by construction operations, in a manner acceptable to parties having jurisdiction. Employ qualified tree surgeon to repair damages to trees and shrubs. Replace trees which cannot be repaired and restored to full growth status, as determined by the City. 3.02 Site Clearing A. Site clearing consists of removing and properly disposing of ground vegetation, shrubs, bushes, downed trees, and debris within the project area. B. Branches on remaining trees and bushes in the way of construction shall be trimmed outside the collar and branch bark ridge of the limb. C. Cultured shrubs, bushes, and other vegetation to remain shall be protected. D. Use only hand methods for grubbing inside drip line of trees indicated to be left standing. City of Fort Collins Section 02230 — Clearing and Grubbing Park Planning & Development Division Page 1 of 2 E. Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. F. Place fill material in horizontal layers not exceeding 12" loose depth, and thoroughly compact to a density equal to adjacent ground. 3.03 Individual Stump Removal A. Removal of stumps will require the removal of all roots over three inches in diameter to a minimum depth of six inches below subgrade. Roots over three inches in diameter protruding from an excavated slope shall be cut flush with the excavated slope surface. 3.04 Disposal A. Disposal of clearing debris, waste materials and unsuitable or excess topsoil shall be off site at an area provided by the Contractor, at Contractor's expense, unless otherwise SHOWN ON THE DRAWINGS. B. Burning of debris on City property is not allowed. C. Remove debris from site in a timely manner. END OF SECTION City of Fort Collins Section 02230 — Clearing and Grubbing Park Planning & Development Division Page 2 of 2 DIVISION :2 SECTION 02240 — TREE REMOVAL PART 1 — GENERAL 1.01 Description of Work A. Individual trees to be removed SHALL BE SHOWN ON THE DRAWINGS. 1.02 Quality Standards A. If you do not currently have a Fort Collins Arborist License, submit three references with the bid. You must obtain a license from the City Forester to be qualified to bid on this job. B. The contractor must have at lease three (3) years of experience removing trees larger than 20 inches in diameter, or have successfully completed a job similar to this bid in size and condition in the past three (3). years. C. The City Forester can further examine a contractor's qualifications through a "PRE -AWARD SURVEY". D. The contractor can dispose of or use brush and logs in any acceptable manner except brush or logs of the elm genus (Ulmus) which must be hauled to the County Landfill. Log size material for species other than Ulmus, can be deposited at the City Forestry woodpile at the Hoffman site arranged by the Assistant City Forester. E. Provide the assistant City Forester with a schedule and timetable of all work. F. The contractor is expected to fully cooperate and coordinate all work activities with the residents and owners of the adjacent properties. Failure to do so shall be grounds for termination of the contract. PART 2 — MATERIALS — Not used PART 3 — EXECUTION 3.01 Standards for Workmanship A. Authorized work in this job neither expresses nor implies a right to violate any law of the land while in process of performing such work. B. All such work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others. C. Inadequately or improperly trained personnel shall not be utilized for work on or with trees or shrubs beyond their known capacity or ability to perform properly or safely. D. A qualified supervisor shall be present at all times when work is being performed except that he may be absent for short periods during the day when necessary because of emergencies or other urgent matters. E. Any injury to persons or damages to any improvement, tree, shrub, or structure while working on this job shall be promptly reported to the Assistant City Forester. F. Any use of tools or equipment in unsafe conditions or any application of techniques or methods deemed unsafe to life, limb or property is forbidden. G. Pedestrians and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. City of Fort Collins Section 02240 - Tree Removal Park Planning & Development Division Page 1 of 2 H. Adequate barricades and warning devices shall be placed and flagpersons shall be stationed as necessary for the safety of persons. and vehicles. I. Qualified street and sidewalk warning devices shal be in position as required at all time while work on this job is being performed. J. Whenever electric or telephone lines, gas lines, water lines, or other improvements, public or private, will be implicated or jeopardized by any authorized tree or shrub activity and all requested precautions by any such authority shall be complied with. K. It shall be unlawful for any person to engage in the business of planting, cutting, trimming, pruning, removing, spraying, or otherwise treating trees, shrubs, or vines within the City without first procuring a license therefore from the City. L. All motor vehicles and other major equipment or any licensed person used in conducting the licensed business shall be clearly identified with the name of the licensee. 3.02 Standards of Workmanship for Tree Removal A. Cleanup of branches, logs or any other debris resulting from any tree removal shall be promptly and properly accomplished. The work area shall be kept safe at all times until the cleanup operation is completed. Under no circumstances shall the accumulation of brush, limbs, logs, or other debris be allowed in such a manner as to result in a hazard. B. The use of climbing spurs or spike shoes in the act of trimming the tree are prohibited, but are permitted for removal. C. Under no condition shall it be considered proper to leave any severed or partially cut limbs in the upper portion of any tree being worked on after the tree workers leave the scene of operation. D. Whenever large tree: sections are being cut in a treetop which may endanger people or property, such materials shall be secured by ropes and lowered safely in a controlled manner. E. Stump removal is required as part of the work. Grind stumps to 12-14 inches below finish grade. Woody debris shall be removed from site and disposed of. F. At least one responsible tree worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. G. The contractor is responsible for providing all necessary traffic control to assure the safety of motorists, pedestrians, and bicyclists. The traffic control shall be provided by and maintained by an ATSSA certified Traffic Control Supervisor, TCS. All traffic control devices shall meet or exceed the minimum standards set forth in the Manual of Uniform Traffic Control Devices, MUTCD. The contractor must submit traffic control plans and coordinate all traffic control with the City's Traffic Control Coordinator. The traffic control plans must be submitted 72 hours prior to starting tree operations and prior to any modification to the traffic control plan. If the plan is not submitted and approved, or if the traffic control devices are not provided according to the plan, the project will be shut down immediately until the situation can be corrected. Flaggers must be used to close the street and for on lane traffic operation. The flaggers must be certified and under the supervision of a certified TCS. H. Sidewalks must be properly barricaded to protect pedestrians during actual removal operations. END OF SECTION City of Fort Collins Section 02240 — Tree Removal Park Planning & Development Division Page 2 of 2 SECTION 02304 —AGGREGATE BASE COURSE PART 1 — GENERAL 1.1 Description of work A. The current edition of the Colorado Department of Transportation Standard Specification Booklet is referenced into these specifications. PART 2— REVISIONS A. Subsection 304.01 is revised to include the following: This work shall consist of placing Aggregate Base (Class 5) over previously prepared subgrade approved by the Engineer. Aggregate Base will be used as fill under the curb, gutter, and sidewalks if there is not any acceptable material onsite. The proposed material shall meet the following minimum requirements: J LL Maximum: 30 PI Maximum: 6 "R" Value Minimum: 78 The minimum strength coefficient of the Class 5 Aggregate Base shall be 0.12. B. Subsection 304.07 is revised to include the following: Aggregate Base Course will be measured by the ton at proper moisture. Quality will be adjusted accordingly if moisture is too high. Haul and water necessary to bring mixture to optimum moisture will not be measured paid for separately, but shall be included in the price for Aggregate Base. C. Subsection 304/08 is revised to include the following: The accepted qualities of Aggregate Base Course will be paid for at the contract price per ton. D. Payment will be made under: Pay Item Pay Unit 304-01 A.B.C.(C-5) Tons The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in placing Aggregate Base Course including haul and water, complete -in -place, as shown on the plans, as specified in the specifications, and as directed by the Engineer. END OF SECTION City of Fort Collins Section 02304 — Aggregate Base Course Park Planning & Development Division Page 1 of 1 10. There is no set designated staging area, but contractor should reference the State of Colorado Stormwater Discharge Permit application on where an ideal location should be considered. 11. SECTION 02520 —.PART 1 - GENERAL TEST PANELS calls for a 3'x3' test panel for concrete, this will be allowed to be included in the contactors first concrete pour and will be inspected by the City to meet the Specifications. 12. SECTION 02900 — PART 3 — EXECUTION 3.05 Reseeding and Repair refers to a satisfactory stand of grass at the end of 60 days after seeding. This will be weather dependent for seed establishment. 13. The proposed pedestrian bridge location relative to the power lines is from the center of the proposed bridge to the center of the closest power poles centerline at approximately 25'. Contractor will need to consult with Platte River Power . Authority for construction methods for this project. Refer to SECTION 01100 — SUMMARY OF WORK, PART 1 - GENERAL 1.02, Notices to Private Owners and Authorities, for coordination methods. ATTACHMENTS 1. Revised Section 01800 — Definition of Bid Items (2 pages) Please contact John D. Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. PART Permit - Page 3 Permit No. COR-030000 PART I A. COVERAGE UNDER THIS PERMIT 1. Authority to Discharge Under this permit, facilities are granted authorization to discharge stormwater associated with construction activities into waters of the state of Colorado. This permit also authorizes the discharge of specific allowable non-stormwater discharges, in accordance with Part I.D.3 of the permit, which includes discharges to the ground. This includes stormwater discharges from areas that are dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction site (i.e., borrow or fill areas). This permit also authorizes stormwater discharges from dedicated asphalt batch plants and dedicated concrete batch plants. (Coverage under the construction site permit is not required for batch plants if they have alternate CDPS permit coverage.) This permit does not authorize the discharge of mine water or process water from such areas. a) Applicable Sections: In accordance with Part I.A.3 of this permit, some.parts of this permit do not apply to sites covered under a Qualifying Local Program, as defined in I.A.2.d. For sites not covered by a Qualifying Local Program, all parts of the permit apply except Part I.A.3. The permittee will be responsible for determining and then complying with the applicable sections. b) Oil and Gas Construction: Stormwater discharges associated with construction activities directly related to oil and gas exploration, production, processing, and treatment operations or transmission facilities are regulated under the Colorado Discharge Permit System Regulations (5CCR 1002-61), and require coverage under this permit in accordance with that regulation. However, references in this permit to specific authority under the Federal Clean Water Act (CWA) do not apply to stormwater discharges associated with these oil and gas related construction activities, to the extent that the references are limited by the federal Energy Policy Act of 2005. 2. Definitions a) Stormwater: Stormwater is precipitation -induced surface runoff. b) Construction activity: Construction activity refers to ground surface disturbing activities, which include, but are not limited to, clearing, grading, excavation, demolition, installation of new or improved haul roads and access roads, staging areas, stockpiling of fill materials, and borrow areas. Construction does'not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility. c) Small construction activity: Stormwater discharge associated with small construction' activity means the discharge of stormwater from construction activities that result in land disturbance of equal to or greater than one acre and less than five acres. Small construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale, if the larger common plan will ultimately disturb equal to or greater than one and less than five acres. d) Qualifying Local Program: This permit includes conditions that incorporate qualifying local erosion and sediment control program (Qualifying Local Program) requirements by reference. A Qualifying Local Program is a municipal stormwater program for stormwater discharges associated with'small construction activity that has been formally approved by the Division. Other Definitions: Definitions of additional terms can be found in Part I.E. of this permit. J Permit Coverage Without Application — for small construction activities under a Qualifying Local Program only If a small construction site is within the jurisdiction of a Qualifying Local Program, the operator of the construction activity is authorized to discharge stormwater associated with small construction activity under this general permit without the submittal of an application to the Division. a) Applicable Sections: For sites covered by a Qualifying Local Program, only Parts 1.A.1, 1.A.2, 1.A.3, I.D.1, I.D.2, I.D.3, I.D.4, I.D.7, I.D.8, I.D.11, I.E and Part II of this permit, with the exception of Parts II.A.1, II.B.3, II.B.8, and II.B 10, apply. DIVISION 2 f SECTION 02520 — PORTLAND CEMENT CONCRETE PAVING PART 1 - GENERAL Scope A. Furnish all labor, materials, supplies, equipment, transportation, and perform all operations in connection with and reasonably incidental to complete installation of concrete paving as shown on the drawings and as specified herein. Items of work specifically included are: B. Subgrade preparation for trail C. Form work. D. Reinforcement. E. Surface finish. F. Construction, expansion and control joints. G. Curing. H. Concrete trail Work Not Included A. Items of work specifically excluded or covered under other sections: B. Excavation and backfill. C. Earthwork and grading. D. Cast -in -place structural concrete or precast concrete, such as foundations, drainage appurtenances, and pad and building. E. Joint sealers. Related Work A. Division 2 — Site Work: a. Section 02050 — Demolition. b. Section 02200 — Earthwork/Grading. c. Section 02221 — Trenching, Backfilling, and Compaction. References A. ACI 301 — Specifications for Structural Concrete for Buildings. B. ASTM C33 — Concrete Aggregate. C. ASTM C150 — Portland Cement. D. ASTM C260 — Air Entraining Admixtures for Concrete. E. ASTM C309 — Liquid Membrane — Forming Compounds for Curing Concrete. F. ACI 304 — Recommended Practice for Measuring, Mixing, Transporting, and Placing Concrete. G. ACI 305R — Hot Weather Concreting. H. ACI 306R — Cold Weather Concreting. City of Fort Collins SECTION 02520 — Portland Cement Concrete Paving Park Planning & Development Division Page t of 8 I. ACI 308 — Standard Practice for Curing Concrete. J. ACI 309 — Recommended Practice for Consolidation of Concrete. Regulatory Requirements: A. Conform to applicable code of governing authority for paving work within public right-of-way. Tests: A. Submit proposed mix design to testing laboratory for review prior to commencement of work. For standard premix concrete mixes, the supplier's quality control records may be substituted for job mix testing. B. Provide licensed Surveyor to test forms in the floodway for accuracy prior to concrete pours. C. Concrete Testing Service: Owner will engage a testing laboratory to perform materials evaluation, testing and design of concrete mixes. All testing costs will be borne by the Owner. Should any test(s) fail to meet the specifications, the cost of the failed test and all subsequent testing shall be borne by the Contractor. D. Coordinate and schedule sampling testing during concrete placement with City Representative. Submittals: A. Submit product data under provisions of Section 01300 — Submittals. B. Submit data on admixtures and curing compounds. C. Submit manufacturer's data on leave -in -place construction joint form Test Panels: A. Provide a 3' x 3' test panel for finish and tooling of joints for Owner approval. Provide one panel for each pavement type specified. In casting the panels, use personnel and methods to be employed on the work. B. If sample disapproved, cast additional samples until approval is obtained. Maintain test panel on site until finished work is accepted. Test panel will represent minimum workmanship standard. C. Work completed prior to text panel approval shall be subject to removal and replacement at Owner's request. PART 2 MATERIALS 2.01 Concrete Materials: A. General: Provide materials of same brand and source throughout the project unless otherwise noted. B. Portland Cement: ASTM C150, Type I or Type I/II, color to be 2 pounds per sack, Yosemite Brown. C. Aggregates: ASTM C33, normal weight. In addition, the combined aggregate shall comply with the following gradation, shown in percent passing. Sieve Size %-Inch Nominal Maximum Size Inch 90 — 100 3/8 Inch 60 — 80 No. 4 40 — 60 City of Fort Collins SECTION 02520 — Portland Cement Concrete Paving Park Planning 8 Development Division Page 2 of 8 No. 8 30 — 45 No. 16 20 — 35 No. 30 13 — 23 No. 50 5 — 15 No. 100 0-5 D. Water: Clean and not detrimental to concrete. 2.02 Form Materials: A. Slab Edges: Two by lumber permitted for surfaces not exposed to view in the final work. Use concrete -form grade hardboard, "plyform" grade plywood, or metal for forming surfaces exposed to view. Forms shall be straight and sufficiently stiff and well braced to meet line tolerances specified in Part 3. B. Keyed Joint Form: Wooden key or leave -in -place metal construction joint form. C. Form Coatings: Commercial form -coating compounds that will not bond with, stain, or adversely affect concrete surfaces, and will not impair subsequent treatments of concrete surfaces. 2.03 Reinforcement: A. Fiber mesh: Bundled, fibrillated, virgin polypropylene fibers manufactured for use in premix concrete and having the following characteristics: 1. Special Gravity: 0.91. 2. Tensile Strength: 70 to 100 ksi. 3. Fiber Lengths: %z inch, '/ inch. 4. Accepted Materials: "Fibermesh" by Fibermesh Company of Chattanooga, TN; or "Forta CR" by Forta Corporation of Groove City, PA. B. Dowels: ASTM A615; 40 or 60 ksi yield grade, plain steel, uncoated finish; matched sleeve and cap one end. Provide dowel basket to hold dowels in parallel alignment. 2.04 Admixtures: A. General: Unless specified in the mix or directed in Part 3, no admixtures shall be used without approval of the Owner's Representative. Do not use admixtures that would result in mixing water with a concentration of more than 150 ppm of chloride ion. B. Air Entraining: ASTM C260. C. Water Reducing: ASTM C494, Type A. D. Accelerator: Nonchloride, ASTM C494, Type C or E. E. Retarder: ASTM C494, Type B or D. F. Color Agent: Yosemite Brown, Davis Colors of Los Angeles, California. 2.05 Related Materials: A. Expansion Joint Filler: ASTM D1752, closed cell polyethylene, %z inch thickness. B. Curing Compound for Concrete with Coloring Agent: Davis Seal Color to match colored concrete. City of Fort Collins SECTION 02520 — Portland Cement Concrete Paving Park Planning & Development Division Page 3 of 8 2.06 Concrete Mix: A. Mix concrete in accordance with ASTM C94. 1. Provide concrete for colored sidewalk (Poudre Trail) of the following characteristics: Unit a. Compressive Strength at 28 days b. Minimum Cement c. Maximum Aggregate Size d. Fibrous Reinforcement e. Air Entrainment f. Maximum Water/Cement Ratio g. Coloring Agent h. Maximum Slump Measurement 4,000 psi 564 lb./cy 1 %2 inches 3/ lb./cy . 4% to 6% 0.46 per manufacturer's recommendations 4 inches B. Use accelerating admixtures in cold weather as directed in Part 3. C. Use set -retarding admixture during hot weather as directed in Part 3 D. Water reducing agent is permitted. 2.07 Selection of Proportions: A. Mix Design: Cost of concrete mix design is responsibility of Contractor. B. Selection of Proportions: Use method of ACI 301 3.9. Proportioning base on method of ACI 301 3.10 not allowed. 1. Field test records used for documentation of the average strength produced by a propos mix in accordance with ACI 301 3.9.3.2 shall, in addition to the requirements listed, comply with the following: a. The test record shall represent production concrete from a single design mix produced during the past year. b. The test record shall represent concrete proportioned to produce the maximum slur allowed by these specifications, and for air -entrained concrete, within a +0.5% of t maximum air content allowed. 2. Mixes proportioned on the basis of trial mixtures shall meet the provisions of ACI 301 3.9.3.3. PART 3 EXECUTION 3.01 Subgrade Preparation: A. Shape and compact subgrade to match appropriate detail. Compact to 95% density as measured by ASTM D698. Coordinate with Section 02200 — Earthwork, Article 3.05, Compaction. B. Where subgrade cannot be compacted, remove subgrade. Replace with bed course. Compact to 95% density as measured by ASTM D698. C. Moisten subgrade to minimize absorption of water from fresh concrete. Subgrade shall not be muddy, soft, frozen, or covered with standing water when concrete is placed. 3.02 Form Work: A. General: Design, construct, and brace forms in accordance with ACI 301 and ACI 347. In addition to those requirements, forms shall be placed and braced so the. finished edges and joints meet the tolerances listed later in this section. City of Fort Collins SECTION 02520 — Portland Cement Concrete Paving Park Planning & Development Division Page 4 of 8 Forms in the floodway shall be surveyed by a licensed Surveyor for conformation with existing grade elevation prior to concrete pour. This is a responsibility of the Contractor. C. Preparation of Form Surfaces: 1. Clean reused forms of concrete matrix residue; repair and patch as required to return forms to acceptable surface condition. 2. Coat contact surfaces of forms with specified form -coating compound before reinforcement is placed. Apply form -coating compound according to manufacturer's instructions. Do not allow excess form -coating material to accumulate in forms or to come in contact with concrete surfaces against which fresh concrete will be placed. D. For Surfaces Exposed to View: Form faces shall be free from raised grain, tears, worn edges, patches, dents, or other defects which would impair texture of the concrete surfaces. Minimize number of seams in form material, and arrange seams in an orderly manner. 3.03 Reinforcement and Embedments: A. Fibrous Reinforcement: 1. Add fibrous concrete reinforcement to concrete materials at the time concrete is batched in amounts in accordance with approved submittals for each type of concrete required. 2. Mix batched concrete in accordance with manufacturer's recommendations for uniform and complete dispersion. 3.04 Joints: A. General: .Place joints in accordance with ACI 301. Conform to the tolerances listed later in Part 3. B. Isolation/Expansion Joints: Isolation joint and expansion joint are synonymous for concrete paving. 1. Place isolation joints where work abuts existing walls, curbs and structures, and where shown on the drawings. 2. Interrupt reinforcement at isolation joint. Install dowels only where indicated on drawings. 3. Joint filler shall extend full depth of the slab. Hold back filler from top of slab as required for sealant. Attach joint filler to first placement. 4. Seal all expansion joints per Section 07900. C. Keyed/Construction Joints: Keyed joint and construction joint are synonymous for concrete paving. 1. Reinforcement, if required, shall continue through the joint. 2. Install where indicated on drawings, or where required by concrete delivery or finishing rate. 3. Key first placement. 'Key shall be 1% inches wide and % inches deep. 4. After first placement has hardened, clean and roughen face. Install control joint form at top of slab. 5. Subject to Owner's Representative approval; manufactured leave -in -place cold joint form may be used. D. Control/Score Joint: Control joint and score joint are synonymous for concrete paving. 1. Control joints shall penetrate 1/3 of slab thickness. 2. Sawn Joints: Control joints on play area curb shall be sawn. Kerf shall be 3/16-inch wide. Start cutting as soon as concrete is able to be sawn without dislodging aggregate. Complete City of Fort Collins SECTION 02520 — Portland Cement Concrete Paving Park Planning & Development Division Page 5 of 8 cutting before shrinkage cracks occur. Joints perpendicular to walls may be less than required depth within 6 inches of the wall, and may stop 2 inches from the wall. Wash slurry from concrete to avoid staining of slab. 3. Tooled Joints: Control joints maybe cut into the plastic concrete during finishing operations. Tooled joints shall have % radius, and shall not incorporate a troweled edge unless specifically noted on the drawings. 4. Formed control joints are permitted only in conjunction with keyed joints. 5. Unless otherwise indicated, provide control joints at the following intervals: Use TypeO Maximum Spacing Colored sidewalk Sawn Joints 10' center to center 3.05 Concrete: A. Preplacement Inspection: Form work installation, reinforcing steel placement, and installation of all items to be embedded or cast in, to be verified by the Owner's Representative prior to placement. B. General: Comply with ACI 301, ACI 304, and as herein specified. C. Added Water: Concrete mix has been designed to a specific water cement ratio in order to enhance durability of the final product. Do not add water at the job site or concrete will not be accepted. D. Cold Weather Placement: When depositing concrete after the first frost or when the mean daily temperatures area below 40 degrees, follow recommendations of ACI 306 as modified herein. Use specified accelerator. Maintain concrete temperature at a minimum of 55 degrees for not less than 72 hours after depositing. Do not place concrete without approval of the Owner's Representative on days when temperature at 9:00 a.m. is below 30 degrees. Job -cured cylinders for verification of strength and/or the adequacy of the Contractor's protective methods will be required. E. Hot Weather Placement: When depositing concrete in hot weather, follow recommendations of ACI 305 as modified herein. When the air temperature is expected to exceed 90 degrees, the Contractor shall obtain acceptance from the Civil Engineer or Owner's Representative of the procedures to be used in protecting, depositing, finishing, and curing the concrete. The temperature of concrete at the time of placement shall not exceed 90 degrees. Protect to prevent rapid drying. Start finishing and curing as soon as possible. Specified water reducing retarding admixture may be used. The use of continuous wetting or fog sprays may be required by the Owner's Representative for 24 hours after depositing. F. Placing: Deposit and consolidate concrete slabs in a continuous operation, within the limits of construction joints, until the placing of a panel or section is completed. Deposit concrete as nearly as practicable in its final location to avoid segregation. G. Consolidation: Consolidate concrete with internal vibrators with a minimum frequency of 7,000 rpm. Maintain one standby vibrator for every three vibrators used. Consolidate according to ACI 309. Do not transport concrete with vibrators. Work concrete into corners and around embedments and reinforcement. H. Surface Leveling: Strike off and level surface with screed of sufficient length to span the slab. On slabs greater than 15 feet wide, use intermediate screed strips. 3.06 Finishes: A. Broom Finish: Concrete flatwork shall receive a heavy broom finish applied at a right angle to the direction of travel. The plaza area shall have smooth troweled joints, 1'h inches from the City of Fort Collins SECTION 02520 — Portland Cement Concrete Paving Park Planning & Development Division Page 6 of 8 centerline of the joint, to result in a total trowel width of 3 inches. All other flatwork shall have broom finish over joints. B. Coordinate rate of concrete placement with pace of washing crew. C. Formed Finishes: 1. Surfaces Not Exposed to View: Patch tie holes and defects. Chip off fins greater than % inch in height. 2. Surfaces Exposed to View: Patch tie holes and defects. Completely remove fins. Schedule of Finishes: 1. Sidewalk — heavy broom finish. t 3.07 Curing/Sealing: A. Apply curing compound within 30 minutes of completing finish. Follow manufacturer's recommendations for applying compound. Reapply in areas exposed to rain within 3 hours of initial application. Maintain continuity of coating and repair damage during 7-day curing period. Follow manufacturer's instructions for sealing interior slabs. 3.08 Tolerances: A. Surface Planeness: Unless otherwise specified, produce slabs with a Class B tolerance. I. Finishes with Class B tolerances shall be true planes within % inch in 10 feet, as determined by a 10-foot straight edge placed anywhere on the slab in any direction. B. Formed Surfaces, Joints, and Embedments: Unless otherwise specified, the finished work shall meet the following tolerances: 1. Variations of formed, or cut or tooled linear element: a. In 20 feet: % inch. b. For entire length: 1 inch. 3.09 Field Quality Control: A. Field inspection and testing will be performed under provisions of Paragraph 1.06, Tests, and as specified below. B. Forms in the floodway shall be surveyed by a licensed Surveyor prior to concrete pour to ensure conformation to current grade conditions. This is a responsibility of the Contractor. C. Concrete Tests: 1. Shall be provided by the Contractor and shall be accordance with requirements of ACI 301, Chapter 16 — Testing, except as noted or modified in this section. a. Strength test. i. Mold and cure four cylinders from each sample. ii. Test one at 7 days and one at 14 days for information and one at 28 days for acceptance. Keep the remaining one as a spare, to be tested as directed by the Owner. b. Minimum samples. i. Collect the following minimum samples for each 28-day strength concrete used in the work for each day's placing: Ouantity Number of Samples 50 cubic yards or less one 50 to 100 cubic yards two 100 cubic yards or more two plus one sample for each City of Fort Collins SECTION 02520 — Portland Cement Concrete Paving Park Planning & Development Division Page 7 of 8 additional 100 cubic yards c. Sample marking. i. Mark or tag each sample of compression test cylinders with date and time of day cylinders were made. ii. Identify location in work where concrete represented by cylinders was placed. iii. Identify delivery truck or batch number, air content, and slump. d. Slump test. Conduct test for each strength test sample and whenever consistency of concrete appears to vary. e. Air content. Conduct test from one of first three batches mixed each day and for each strength test sample. D. Acceptance of Concrete: I. If the average of three consecutive 7-day tests falls below the specified 7-day strength, the Owner shall have the right to require conditions of temperature and moisture necessary to secure the required strength and may require core tests in accordance with ASTM C-42. 2. Strength level of concrete will be considered satisfactory so long as average of all sets of three consecutive strength test results equals or exceeds specified 28-day strength and no individual strength test result falls below specified strength by more than 500 psi. E. Failure of Test Cylinder Results: 1. Upon failure of the 28-day test cylinder results, Owner may require Contractor, at his expense, to obtain and test at least three cored samples from area in question. 2. Concrete will be considered adequate if average of three core tests is at least 85 percent of, and if no single core is less than 75 percent of the specified 28-day strength. 3. Upon failure of core test results, Owner may require Contractor, at his expense, to perform load tests as specified in ACI 318, Chapter 2. 4. In the event an area is found to be structurally unsound, the Owner may order removal and replacement of concrete as required. The costs of the core tests, the load test and the structural evaluation shall be borne by the Contractor. 5. Fill all core holes with a non -shrink grout as Master Builders Masterflo 713 or approved equal. F. Maintain records of placed concrete items. Record date, location of pour, quantity, air temperature, and test samples taken. END OF SECTION City of Fort Collins SECTION 02520 — Portland Cement Concrete Paving Park Planning & Development Division Page 8 of 8 DIVISION`2 #t F SECTION 02890 - PEDESTRIAN AND LIGHT VEHICLE BRIDGE - IPE DECKING PART 1-GENERAL 1.01 SECTION INCLUDES A. This section contains requirements for a fully engineered clear span bridge and shall be the minimum standards for design and construction. B. Clear span length and width of the bridge shall be 65 feet and 10 feet respectively. 1.02 RELATED SECTIONS N/A 1.03 QUALITY ASSURANCE A. Bridge shall meet the referenced standards as called for in the following paragraphs. B. Bridge design shall be certified by a Registered Colorado Professional Engineer. 1.04 SUBMITTALS A. Submit complete shop Drawings to the ENGINEER for review. B. Submit manufacturer's certification of compliance with referenced standards. 1.05 PRODUCT DELIVERY AND HANDLING A. Coordinate delivery requirements with manufacturer. B. Comply with manufacturer's requirements for unloading, lifting, and placement. 1.06 DESIGN REQUIREMENTS A. Railing: Minimum height of 54" (top of truss top chord) B. Maximum horizontal opening in railing of 4 (four) inches. C. Loading Design: Uniform live load of 60 psf. Concentrated live load of 10,000 pounds vehicle weight on bridge plus thirty percent (30%) impact. Minimum wind load of 25 psf. Horizontal pressure as if enclosed surface. Railing load of 50 pounds per lineal foot of horizontal load. D. Mounting plates shall allow for thermal expansion. E. All allowable design stresses shall be in compliance with the specifications of the design, fabrication, and erection of structural steel for buildings by the American Institute of Steel Construction AISCF and UBC. F. Sizes: Length: 65 feet. City of Fort Collins Section 02890 - Pedestrian and Light Vehicle Bridge - IPE Decking Park Planning & Development Division Page 1 of 4 Clear unobstructed inside width: 10' minimum. Vertical members shall be spaced 48" on center with odd panel dimensions divided between each end of the truss. Railings: Install for full length of bridge. Camber: Five percent (5%) of %2 of span (if required). Nominal 2"x 6" wood rub rails on inside of bridge shall be placed 42" above the top of the bridge deck. PART 2 PRODUCTS 2.01 FABRICATION A. General 1. Workmanship, fabrication, and shop connections shall be in accordance with AWS and AISC specifications. 2. All welding shall be done by welders certified for AWS, D.1 structural welding requirements. 3. Welding electrodes for self -weathering, corrosion -resistant steel shall have the same weathering characteristics such as E5018 or equivalent. 4: All boldly exposed members shall have mill scale removed according to steel structures preparation specifications #6 Commercial Blast Cleaning SSPC-SP6-63. A. Materials 1. Metal Fabrication: Bridge to be fabricated from high strength low -alloy atmospheric corrosion -resistance ASTM A606 type 4 steel, self -weathering, (U.S.S. Cor Ten) ASTM A242 or ASTM A588 structural steel shapes and tubing (FY=50,000 psi.). Bolts and nuts shall be in accordance with specifications for structural joints using ASTM A325 or A490 bolts. Anchor bolts A307 or A36. E8018 series electrodes of equivalent for welding. Material thickness and design of member shall be fully engineered for the length and style of each bridge requirement specified. 2. Hardwood Decking: All decking shall be full thickness planks unless approved otherwise. Wood decking shall be naturally durable hardwood Ipe (Tabebuia Spp Lapacho Group). All planks shall be partially air dried to a moisture content of 15% to 20%, and shall be supplied S4S (surfaced four sides), E4E (eased four edges), with the edges eased to a radius of 1/8". Measured at 30% moisture content, the width and thickness shall not vary from specified dimensions by more than ± 0.04 inches. All planks shall be supplied with the end sealed with "Anchorseal" Mobil CER-M or an equal aquious wax log sealer. All planks shall be graded as FEQ-CAH (First Export Quality -Clear All Heart) grading rules, defined as follows: Lumber shall be graded both faces and both edges. Lumber shall be straight grained, maximum slope of grain to be 1:10. Lumber shall be parallel cut without heart centers or sapwood. City of Fort Collins Section 02890 - Pedestrian and Light Vehicle Bridge - IPE Decking Park Planning & Development Division Page 2 of 4 PART Permit - Page 4 Permit No. COR-030000 A. COVERAGE UNDER THIS PERMIT (cont.) b) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit, . restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. c) Permit Coverage Termination: When a site under a Qualifying Local Program has been finally stabilized, coverage under this permit is automatically terminated. d) Compliance with Qualifying Local Program: A construction site operator that has authorization to discharge under this permit under Part I.A.3 shall comply with the requirements of the Qualifying Local Program with jurisdiction over the site. e) Full Permit Applicability: The Division may require any operator within the jurisdiction of a Qualifying Local Program covered under this permit to apply for and obtain coverage under the full requirements of this permit. The operator must be notified in writing that an application for full coverage is required. When a permit certification under this permit is issued to an operator that would otherwise be covered under Part I.A.3 of this permit, the full requirements of this permit replace the requirements as per Part I.A.3 of this permit, upon the effective date of the permit certification. A site brought under the full requirements of this permit must still comply with local stormwater management requirements, policies or guidelines as required by Part I.D.l.g of this permit. 4. Application, Due Dates a) Application Due Dates: At least ten calendar days prior to the commencement of construction activities, the applicant shall submit an application form as provided by the Division, with a certification that the Stormwater Management Plan (SWMP) is complete. . One original completed discharge permit application shall be submitted, by mail or hand delivery, to: Colorado Department of Public Health and Environment Water Quality Control Division WQCD-Permits-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 b) Summary of Application: The application requires, at a minimum, the following: i ) The applicant's company name; address; telephone number; and email address (if available); whether the applicant is the owner, developer, or contractor; and local contact information; 2) Project name, address, county and location of the construction site, including the latitude and longitude to the nearest 15 seconds of the approximate center of the construction activity; 3) Legal description or map of the construction site; 4) ` Estimates of: the total area of the site, the area of the site that is expected to be disturbed, and the total area of the larger common plan of development or sale to undergo disturbance; 5) The nature of the construction activity; 6) The anticipated start date and final stabilization date for the project; 7) The name of the receiving water(s), or the municipal separate storm sewer system and the ultimate (i.e., named) receiving water(s); 8) Certification that the SWMP for the construction site is complete (see Part I.C. below); and 9) The signature of the applicant, signed in accordance with Part I.F.1 of this permit. 5. Permit Certification Procedures If this general permit is appropriate for the applicant's operation, then a certification will be developed and the applicant will be authorized to discharge stormwater under this general permit. a) Request for Additional Information: The Division shall have up to ten calendar days after receipt of the above information to request additional data and/or deny the authorization for any particular discharge. Upon receipt of additional information, the Division shall have an additional ten calendar days to issue or deny authorization for the particular discharge. (Notification of denial shall be by letter, in cases where coverage under an alternate general permit or an individual permit is required, instead of coverage under this permit:) Lumber shall be in sound condition, free from wormholes or knots. Allowable Imperfections are: All faces: Natural drying checks, Discoloration caused by weathering or chemical reaction, Bow or Spring which can be removed using normal installation methods and tools. Imperfections Not Allowed: Longitudinal heart cracks, Internal cracks, Firm or Soft sap wood, Splits, End splits, Ring shades, Fungi affects (blue to gray, brown to red, white to yellow, or incipient decay), Deformation (twisting or cupping) which cannot be removed using normal installation methods and tools. All planks shall meet or exceed the following mechanical properties (based on the 2" standard) as defined by the U.S. Forest Products Laboratory publications and testing data: MC% Modulus of Rupture Modulus of Elasticity Max Crush Strength 12% 22,360 psi 3,140,000 psi 13,010 psi Janka side hardness is 3680 lbs. at 12% moisture content Average air-dry density is 66 to 75 pcf. Basic specific gravity is 0.85 - 0.97. All planks shall be naturally fire resistant without the use of any fire resistant preservatives to meet NFPA Class A and UBC Class I. Planks shall be supplied that meet or exceed the Static Coefficient of Friction for both neolite and leather shoes in accordance with ASTM Test Method C1028-89. SHOE MATERIAL Neolite Leather FORCE IN POUNDS DRY WET 0.73 0.69 0.55 0.79 For transverse wood decking, wheel loads shall be assumed to act on one plank only. The wheel loads shall be distributed on the plank along a length equal to the tire print width. The plank shall be designed for shear and bending in accordance with the support conditions and spacing. For design, the following unfactored allowable stresses shall be used: Allowable Bending = 3700 psi Allowable Shear = 320 psi Modulus of Elasticity = 3,000,000 psi At time of installation, planks are to be placed tight together with no gaps. Every plank must be attached with at least one fastener at each end. City of Fort Collins Section 02890 - Pedestrian and Light Vehicle Bridge -'IPE Decking Park Planning & Development Division Page 3 of 4 All fasteners to be zinc plated. Self -tapping screws or hex -head bolts, with a steel plank hold down, are to be used at the ends of planks. Self -tapping screws or carriage bolts are to be used as interior connection fasteners when required. Power actuated fasteners will not be allowed. Planks are to be drilled prior to installation of bolts and/or screws. In addition to at least one fastener at each end of every plank (typical for all installations), planks for bridges with widths of 72" to 143" shall be attached with a minimum of two fasteners at a location approximately near the center of the bridge width. Bridges wider than 143" are to have two fasteners located at a minimum of two interior stringer locations, approximately at the third points of the bridge width. Attachments at the ends of the planks may be modified as required when obstructions, such as interior safety system elements, prevent installation of the specified hold down system. END OF SECTION City of Fort Collins Section 02890 - Pedestrian and Light Vehicle Bridge - IPE Decking Park Planning & Development Division Page 4 of 4 DIVISION 2 �. SECTION 02900 - SITE REVEGETATION PART 1 - GENERAL 1.01 Description of Work A. The work covered by this specification includes the furnishing of all materials and application of fertilizer, seed and mulch to areas defined in the plans or required by field condition. The work shall be completed in accordance with these specifications, accepted horticultural practice, and with the plans. 1.02 Related Work A. See appropriate sections for site work needed prior to work required in this section. Obtain approval from the Engineer prior to starting work required in this section. 1.03 Submittals A. Submit manufacturer's specifications and literature on all products. B. Submit materials list including quantities and description of materials. 1.04 Quality Assurance A. Source Quality Control: Manufacturer's test for purity and germination of seed, dated within six months of seeding. B. Certificates: Manufacturer's certification that fertilizer meets specification requirements. PART 2 - MATERIALS 2.01 Grass Seed A. Grass seed shall be of the latest crop available. Seed shall meet Colorado Department of Agriculture Seed Laws, Chapter 35, Article 27. B. The seeding mixture shall be applied at a pure live seed (PLS) rate per acre AS SHOWN ON SHEET 4'OF 4. C. Do not use seed which has become wet, moldy, or otherwise damaged in transit or in storage. D. The Contractor shall compensate for percentage of purity and germination by furnishing sufficient additional seed to equal the specified pure live seed product. The formula for determining the quantity of pure live seed (PLS) shall be: Pounds of Seed (Bulk) x Purity x Germination = E. Pounds of Pure Live Seed (PLS) F. The Contractor shall present to the Engineer a certificate of the PLS test of the grass seed which he intends to use. All grass furnished shall be delivered in sealed bags showing the weight, analysis and vendor's name. 2.02 Fertilizer A. Commercial fertilizer type and application rate shall be AS SHOWN ON SHEET 4 OF 4 City of Fort Collins Section 02900 — Site Revegetation Park Planning & Development Division Page 1 of 4 2.03 Mulch A. Hydraulically spray or approved equal. 2.04 Topsoil A. Topsoil shall be select earth material of loose friable loam reasonably free of admixtures of subsoil, refuse stumps, roots, rocks, brush, weeds or other material which can be detrimental to the proper development of ground cover. PART 3 - EXECUTION 3.01 General A. The pattern of seeding and mulching, and fertilization if required, shall be as detailed or as required by field conditions to provide a uniform stand of grass acceptable to the City. In no case shall revegetation occur within 30 days of the application of a chemical weed control substance. B. Warranty excludes replacement of plants after final acceptance because of injury by storm, drought, drowning, hail, freeze, insects or diseases. 3.02 Preparation A. Verify that soil preparation has been completed prior to seeding. B. Seed areas damaged by construction activities as directed by the Engineer. C. Apply by broadcasting or drillings at the rate specified herein. D. Selection of the time of seeding shall be Contractor's responsibility, consistent with erosion control. E. Rework previously prepared areas that have become compacted or damaged by rains or traffic. F. Do not drill or sow during windy weather or when ground is frozen or untillable. G. Cover seed to depth between '/ to '/2 inch by raking or harrowing. H. Firm seed areas with roller weighing maximum of 100 lbs. per foot to width. 3.03 Hydraulic Seeding and Mulching A. Seed and fertilize in the amounts per acre designated. Wood cellulose fiber mulch at 21000 lbs/ acre. B. Combine with water to provide a slurry. Perform hydraulic application in such a manner that the liquid carrier will uniformly distribute the material over the entire area to be seeded at rates not less than indicated herein. Do not compact. Double the amount of seed per acre if seed and mulch are applied in a single application. 3.04 Drill Seeding A. Seed shall be applied in a minimum of two passes at 90 degrees two each other. 3.05 Reseeding and Repair A. Reseed and mulch areas where there is not a satisfactory stand of grass at the end of 60 days after seeding. B. Minimum satisfactory stand: 4 plants per square foot. City of Fort Collins Section 02900 — Site Revegetation Park Planning & Development Division Page 2 of 4 3.06 Areas to be Seeded A. All areas that have been damaged or disturbed by the Contractor's operation shall be reseeded according to these specifications and as. indicated on the plans. 3.07 Maintenance A. No maintenance is required, UNLESS NOTED ON THE BID SCHEDULE. Fertilizer and Seed Mix Commercial Fertilizer (18-46-0) Nitrogen Phosphorus Potassium Application rate of 250 lbs per acre Percent available by weigh 18 46 0 JAdre Se"ed,,, teed';Mix-.- Buffalo Grass 30% 25 Blue Gramma 20% 25 Sheep Fescue 50% 20 100% 70 END OF SECTION City of Fort Collins Section 02900 — Site Revegetation Park Planning & Development Division Page 3 of 4 POWER TRAIL- KEENLAND DRIVE ACCESS RAMP KEENLAND ROAD RMIP PROFILE TRAIL N LOCATION MAP S....: NTS T 1. 1 Dm. .��... D.I. 7' , �ort�`s POWER TRAIL KEENLAND DR. - TRILBY RD. KEENLAND DRIVE ACCESS RAMP 05/13/09 1 N/A POWER TRAIL. MAIL CREEK DITCH CROSSING 20 Ip 0 20 40 xu HRILON ALE: t' Txt R1 CAL 6CALE: 1' � 2' PROPOSED TRAIL FENCE \'-- (BY OTHERS) PROPOSED 4' . PEDESTRIAN GATE (BY OTHERS) P.R.P. A. EASEMENT P) - PROPOSED 10' FIELD CATE SYPHON AB UTMENTS E TS _ EXISTING DITCH ' (BY OTHERS) PROPOSED PEDESTRIAN CATE (BY OTHERS PROPOSED 10' (B FIELD GATE Y OTHERS) M }��y v�y �\ --' ^k�lSP ` PROPOSED TRAIL FENCE - -.. .•. "L 'G4TTS .. .. -.. (BY OTHERS) -- -_MAIL CREEK DITCH - , PROPOSED 10'.65' BRIDGE` RAIL ROAD R.O.W. (TYP.)J +Iw/N4w oa. CII/ 1 POWER TRAIL KEENLAND DR. - TRILBY RE. MAIL CREEK BITCH CROSSING 08/05/09 2 4. N/A POWER TRAIL - RCP DITCH CROSSING DITCH RCP CROSSING PROFILE EASEMENT PROPOSED TRAIL FENCE (BY OTHERS) `o- ol A.rmm�/N.oa Dot. POWER TRAIL KEENLAND DR. — TRILBY RD. RCP DITCH CROSSING o+. 08/05/09 D3 N/A POWER TRAIL • 8' SIDEWALK CONNECTION N _ PROPOSED I.' BIKE TRAIL (YOSEMITE BROWN COLORED) CONSTRUCTION ACCESS ROUTE FOR CONCRETE TRAIL CONSTRUCTION _ (STAKE LIMITS W/ T-POSTS & t STRAND OF SMOOTH WIRE & POST RAIL ROAD R.O.W. (TYP,) A COMBTRIICTTOR ACCESS SIGN) PROPOSED 8' SIDEWALK CONNECTION (GRAY COLORED) , I I l . I. I . EXISTING 6' SIDEWALK W/ CURB &CUTTER DAY110E TO BmEWALI( OR CBRB B OUTTER WRWO CORBTRIIC710R D CONiR11CTORf REBPOMBBLRY TO REPIACG I ------------ 2e _______________________________ _ to to zo SOVMUTIGEGREENSBLVD. CITY .tl POWER TRAIL KEENLAND DR. - TRILBY RD. 8' SIDEWALK CONNECTION B8 /05/09 4 N/A •�1"N hC,�O'.3`R P•03:Rs A . LSE D'fp . GEOTECHNICAL INVESTIGATION POWER TRAIL PEDESTRIAN BRIDGE FORT COLLINS, COLORADO Prepared For: CITY OF FORT COLLINS Park Planning and Development P.O. Box 580 Fort Collins, Colorado 80522 Attention: Mr. Craig Kisling Project No. FC04868-125 April 10, 2009 351 Linden Street ( Suite 140 i Fort Collins, Colorado 80524 Telephone:970-206-9455 Fax:970-206-9441 PART Permit - Page 5 Permit No. COR-030000 A. COVERAGE UNDER THIS PERMIT (cont.) b) Automatic Coverage: If the applicant does not receive a request for additional information or a notification of denial from the Division dated within ten calendar days of receipt of the application by the Division, authorization to discharge in accordance with the conditions of this permit shall be deemed granted. c) Individual Permit Required: If, after evaluation of the application (or additional information, such as the S WMP), it is found that this general permit is not appropriate for the operation, then the application will be processed as one for an individual permit. The applicant will be notified of the Division's decision to deny certification under this general permit. For an individual permit, additional information may be requested, and 180 days may be required to process the application and issue the permit. At the Division's discretion, temporary coverage under this general permit may be allowed until the individual permit goes into effect. d) General vs. Individual Permit Coverage: Any permittee authorized by this permit may request to be excluded from the coverage of this permit by applying for an individual CDPS permit. The permittee shall submit an individual application, with reasons supporting the request, to the Division at least 180 days prior to any discharge. e) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit, restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. 6. Inactivation Notice When a site has been finally stabilized in accordance with the SW MP, the permittee must submit an Inactivation Notice form that is signed in accordance with Part I.F.1. of this permit. The Inactivation Notice form is available from the Division and includes: a) Permit certification number; b) The permittee's name, address, telephone number; c) Name, location, and county for the construction site for which the inactivation notice is being submitted; and d) Certification that the site has been finally stabilized, and a description of the final stabilization method(s). 7. Transfer of Permit When responsibility for stormwater discharges at a construction site changes from one entity to another, the permittee shall submit a completed Notice of Transfer and Acceptance of Terms form that is signed in accordance with Part I.F.I I. of this permit. The Notice of Transfer form is available from the Division and includes: a) Permit certification number; b) Name, location, and county for the construction site for which the Notice of Transfer is being submitted; c) Identifying information for the new permittee; d) Identifying information for the current permittee; and e) Effective date of transfer. If the new responsible party will not complete the transfer form, the permit may be inactivated upon written request to the Division and completion of the Inactivation Notice if the permittee has no legal responsibility, through ownership or contract, for the construction activities at the site. In this case, the new owner or operator would be required to obtain permit coverage separately. 8. Reassignment of Permit When a permittee no longer has control of a specific portion of a permitted site, and wishes to transfer coverage of that portion of the site to a second party, the permittee shall submit a completed Notice of Reassignment of Permit Coverage form that is signed in accordance with Part I.F.1. of this permit. The Notice of Reassignment of Permit Coverage form is available from the Division and includes: a) Current permit certification number; b) Identifying information and certification as required by Part I.A.4.b for the new permittee; c) Identifying information for the current permittee, revised site information and certification for reassignment; and d) Effective date of reassignment. TABLE OF CONTENTS SCOPE SUMMARY OF CONCLUSIONS PROPOSED CONSTRUCTION SITE CONDITIONS INVESTIGATION SUBSURFACE CONDITIONS SITE DEVELOPMENT Fill Placement Excavation FOUNDATIONS Helical Piers Laterally Loaded Piers Wing Walls APPROACH APRONS WATER-SOLUBLE SULFATES SURFACE DRAINAGE LIMITATIONS FIGURE 1 — LOCATIONS OF EXPLORATORY BORINGS FIGURE 2 — SUMMARY LOGS OF EXPLORATORY BORINGS FIGURE 3 — EXAMPLE LATERAL EARTH PRESSURE DISTRIBUTIONS FIGURE 4 AND FIGURE 5 — RESULTS OF LABORATORY TESTING APPENDIX A — SAMPLE SITE GRADING SPECIFICATIONS 1 1 2 2 2 3 3 3 4 5 6 6 7 9 9 10 10 U SCOPE This report presents the results of our geotechnical investigation for the proposed Power Trail pedestrian bridge in Fort Collins, Colorado. The purpose of the investigation was to evaluate the subsurface conditions and provide foundation recommendations and geotechnical design criteria for the pedestrian bridge. We were also requested to install a temporary piezometer at the base of a swale south of the proposed pedestrian bridge planned for future improvements to include a culvert to facilitate continued groundwater measurements. The report was prepared from data developed during field exploration, laboratory testing, engineering analysis, and experience with similar conditions. The report includes a description of subsurface conditions found in our exploratory borings and discussions of site development as influenced by geotechnical considerations. Our opinions and recommendations regarding design criteria and construction details for foundations, slabs -on -grade, lateral earth loads, and drainage are provided. If the project grading or proposed construction changes, we should be notified. Our opinions are summarized in the following paragraphs. More complete descriptions of the subsurface conditions, results of our field and laboratory investigations and our opinions, conclusions and recommendations are included in the subsequent sections of this report. SUMMARY OF CONCLUSIONS 1. Subsurface conditions encountered in our boring in the area of the pedestrian bridge encountered 18 feet of sandy clay over gravelly sands. No ground water was measured during our investigation. 2. The boring for the temporary piezometer encountered similar soils as our boring near the bridge. Ground water was measured 5 feet below the ground surface during the time of drilling. When checked several days later, ground water was measured 4 feet deep. 3. A helical pier foundation system was requested for this site. We believe helical pier foundations can be used to support the proposed bridge abutments. Foundation discussion and criteria for helical pier foundations are provided in this report. CITY OF FORT COLLINS - PARK AND PLANNING DEVELOPMENT POWER TRAIL PEDESTRIAN BRIDGE 1 CTL IT PROJECT NO. FC04868-125 PROPOSED CONSTRUCTION Based on plans received from our client, we understand a 10-foot wide by 70-foot long bridge is planned to cross the Mail Creek Ditch east of golf hole no. 7 of the Southridge Golf Course in Fort Collins, Colorado. We have assumed the bridge will be prefabricated and have a wood or concrete deck. At the time we prepared this report, the depths of the abutments were not known. In our experience, typical abutment depths range from 5 to 6 feet below the existing ground surface. The bridge is intended primarily for pedestrian and bicycle traffic. A temporary piezometer was installed approximately 1,800 feet south of the proposed bridge site at the base of a swale for continued groundwater monitoring for the area. The piezometer is located east of golf hole no. 11 of the Southridge Golf Course. . SITE CONDITIONS The proposed construction site slopes moderately to the south between the pedestrian bridge and temporary piezometer. Ground cover near each site consists of natural grasses and weeds and sparse tree outcrops. No water was located in the Mail Creek Ditch during our investigation. Irrigated portions of the Southridge Golf Course were located near the site with heavier irrigated areas near the temporary piezometer. The Union Pacific Railroad runs north -south adjacent to the eastern edge of the Southridge Golf Course. Soil stock piles were located along the west side of the railroad near TH-1. INVESTIGATION Subsurface conditions at the site were investigated by drilling one boring (TH-1) in the area of the proposed pedestrian bridge. A second boring (P-1) was drilled to install a temporary piezometer. Both borings were advanced to 20 feet. The approximate locations of the borings are shown on Figure 1. Our field representative observed drilling and logged the soils found in the borings. Samples were only obtained CITY OF FORT COLLINS - PARK AND PLANNING DEVELOPMENT POWER TRAIL PEDESTRIAN BRIDGE 2 CTL I T PROJECT NO. FC04868-125 from TH-1. Summary logs of the borings, including results of field penetration resistance tests for TH-1, are presented on Figure 2. Samples obtained during drilling .were returned to our laboratory and visually examined by the geotechnical engineer for this project. Laboratory testing included moisture content, dry density, swell -consolidation, Atterberg limits, and water-soluble sulfate tests. Results of laboratory tests are presented on Figure 4 and Figure 5 and summarized on Table I. SUBSURFACE CONDITIONS Soils encountered in the area of the pedestrian bridge consisted of approximately 18 feet of stiff to very stiff sandy clay with occasional clayey sand layers over medium dense gravelly sand to depths explored. Swell -consolidation tests showed swells between 0.2 percent and 3.3 percent in three samples of sandy clay tested from the site. Samples were wetted under a confining pressure of 1,000 psf. No ground water was measured in TH-1 during our investigation. Our boring drilled for the temporary piezometer encountered approximately 14 feet of sandy clay over gravelly sand. Ground water was encountered at 5 feet below the existing ground surface during drilling and measured 4 feet deep several days later. We left the temporary piezometers installed at this location to facilitate future groundwater measurements. A more complete description of the subsurface conditions for both borings is presented on our boring logs and in our laboratory testing. SITE DEVELOPMENT Fill Placement The existing on -site soils are suitable for re -use as fill material provided debris or deleterious organic materials are removed. If import material is required, we recommend importing granular soils. Import fill should contain 10 to 40 percent silt and CITY OF FORT COLLINS - PARK AND PLANNING DEVELOPMENT POWER TRAIL PEDESTRIAN BRIDGE 3 CTL I T PROJECT NO. FC04868-125 e clay sized particles (percent passing No. 200 sieve) and exhibit a liquid limit less than 30 percent and a plasticity index less than 15 percent. Areas to receive fill should be scarified, moisture -conditioned and compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698). The properties of the fill will affect the performance of bridge abutments, wing walls and approach- aprons. Sand soils used as fill should be moistened to within 2 percent of optimum moisture content. The fill should be moisture -conditioned, placed in thin, loose lifts (8 inches or -less) and compacted as described above. Placement and compaction of fill should be observed and tested by a representative of our firm during construction. Fill ' placement and compaction activities should not be conducted when the fill material or subgrade is frozen. Site grading in areas of landscaping where no future improvements are planned can be placed at a dry density of at least 90 percent of standard Proctor maximum dry density (ASTM D 698). Example site grading specifications are presented in Appendix A. Excavation The materials found in our boring in the area of the pedestrian bridge can be excavated using conventional heavy-duty excavation equipment. Excavations should be sloped or shored to meet local, State and federal safety regulations. Based on our investigation and OSHA standards, we believe the clay soils classify as Type B soils and the sands as Type C soils. Type B soils require a maximum slope inclination of 1:1 (horizontal:vertical) in dry conditions. Type C soils require a maximum slope inclination of 1.5:1 in dry conditions. Excavation slopes specified by OSHA are dependent upon types of soil and ground water conditions encountered. The contractor's "competent person" should identify the soils encountered in the excavation and refer to OSHA standards to determine appropriate slopes. Stockpiles of soils and equipment should not be placed within a horizontal distance equal to one-half the excavation depth, from the edge of excavation. Excavations deeper than 20 feet should be braced or a professional engineer should design the slopes. CITY OF FORT COLLINS - PARK AND PLANNING DEVELOPMENT POWER TRAIL PEDESTRIAN BRIDGE 4 CTL IT PROJECT NO. FC04868-125 The width of. the top of an excavation may be limited in some areas. Bracing or "trench box" construction may be necessary. Bracing systems include sheet piling, braced sheeting and others. Lateral loads on bracing depend on the depth of excavation, slope of excavation above the bracing, surface loads, hydrostatic pressures, and allowable movement. For trench boxes and bracing allowed to move enough to mobilize the strength of the soils, with associated cracking of the ground surface, the "active" earth pressure conditions are appropriate for design. If movement is not tolerable, the "at rest" earth pressures are appropriate. We suggest an equivalent fluid density of 40 pcf for the "active" earth pressure condition and 55 pcf for the "at rest' earth pressure condition, assuming level backfill. These pressures do not include allowances for surcharge loading or for hydrostatic conditions. We are available to assist further with bracing design if desired. FOUNDATIONS We understand helical pier foundations are preferred for this site. Based on the subsurface conditions at this site, helical pier foundations are feasible. Swells of up to 3.3 percent were measure in the sandy clay samples tested. We recommend extending helical pier foundations to bear in the gravelly sands encountered below the sandy clays to reduce risk of uplift caused by wetting of the expansive soils. Design and construction criteria for helical pier foundations are provided below. These criteria were developed from analysis of field and laboratory data and our experience. The recommended foundation alternative can be -used provided all design and construction criteria presented in this report,are followed. The builder and structural engineer should also consider design and construction details established by the structural warrantor (if any) that may impose additional foundation design and installation requirements. CITY OF FORT COLLINS - PARK AND PLANNING DEVELOPMENT POWER TRAIL PEDESTRIAN BRIDGE 5 CTL IT PROJECT NO. FC04868-125 Helical Piers 1. Commonly available helical pier systems have maximum working capacities in the a range of 30 to 50 kips. The design allowable load (a.k.a. working load)' should be shown on the plans for each pier location. Helical piers should be installed to the required installation torque so as to achieve an ultimate capacity defined using a minimum factor of safety of two with respect to the design allowable loads shown on the plans. 2. The number and size of helix blades should be determined by the contractor to achieve the required torque and compressive capacity for the conditions at this site. However, the ratio of the design allowable capacity for helical piers to the total area of the helix blades should not exceed the allowable subsurface material bearing capacity. The allowable subsurface material bearing capacity is judged to be 3,500 psf for the gravelly sands. 3. Helical piers should be spaced at least 4 pier diameters apart center to center or they should be designed as a group. If group design criteria are needed, please call. 4. The minimum length of the helical piers, as measured as the distance from the pier cap to the helix blade, should be 20 feet. Helical piers should be installed as close to vertical as possible. 5. The locations and angle of installation shall be clearly shown on the plans for all helical piers. 6. Installation of helical piers should be observed by a representative of our firm to confirm the depth and installation torque of the helical piers are adequate. Laterally Loaded Piers Several methods are available to analyze laterally loaded piers. With a pier length to diameter ratio of 7 or greater, we believe the method of analysis developed by Matlock and Reese is most appropriate. The method is an iterative procedure using applied loading and soil profile to develop deflection and moment versus depth curves. The computer programs LPILE and COM624 were developed to perform this procedure. Suggested criteria for LPILE analysis are presented in the following table. CITY OF FORT COLLINS - PARK AND PLANNING DEVELOPMENT POWER TRAIL PEDESTRIAN BRIDGE 6 CTL I T PROJECT NO. FC04868-125 TABLE A SOIL INPUT DATA FOR LPILE or COM624 GranularNSols� �S�ndy�Claa�' y Material Type Sand Stiff Clay w/o Free Water Effective Unit Weight (pci) 0.07 0.07 Cohesive Strength, c (psi) - 12 Friction Angle (°) 35 - Soil Strain, C50 (inrn) - 0.007 p-y Modulus ks (pci) 90 500 The E50 represents the strain corresponding to 50 percent of the maximum principle stress difference. We believe the following formulas in Table B are appropriate for calculating horizontal modulus of subgrade reaction (Kh) values. TABLE B MODULI OF SUBGRADE REACTION fl�y�."�f y� ^ Fills$ 2G�anularSods z ,�Clayror,Clay 1-4 ��'�,'.vYiu'� Modulus of Subgrade Kh — 20 Kh — 20z Reaction Kh (tcf) d d Where a = pier ammeter (tt) ana z = aeptn (tit). Wing Walls , If integral with the abutments, wing walls should be founded with the same foundation type as the abutments. The lateral loads acting on abutments and wing walls are dependent on the height and type of wall, backfill configuration and backfill type. For the purposes of design, we have assumed less than 10 feet of fill will be retained by abutments and wing walls and the backfill will be on -site or similar soils. CITY OF FORT COLLINS - PARK AND PLANNING DEVELOPMENT POWER TRAIL PEDESTRIAN BRIDGE 7 CTL I T PROJECT NO. FC04868-125 Abutment and wing walls should be designed to resist lateral earth pressures that act upon the wall. Table C below provides the necessary equivalent fluid pressure values for the backfill soils anticipated at this site. The pressures given do not include allowances for surcharge loads such as sloping backfill, vehicle traffic,' or excessive hydrostatic pressure. TABLE C EQUIVALENT FLUID PRESSURE VALUES Loatlmg�Cotl�W�Fl g wvated H. `tlr static did, Psure.4 Active ('YA) psf 40 At -Rest ('Yo) psf 55 Passive (7p) psf 300 Horizontal Friction Coefficient 0.4 The appropriate load distribution to apply for design depends not only on the soil type, but also on the wall type and restraint. Graphical examples of typical loading conditions are presented on Figure 3. For abutment walls and wing walls that are restrained from rotation, the walls should be designed to resist the "at rest" earth pressure. For walls which are free to rotate to develop the shear strength of the soils, such as wing walls not tied to the abutments, the walls should be designed to resist the "active" earth pressure. Resistance to lateral loads can be provided by friction between concrete and soil and/or by "passive" earth pressure. Passive earth pressure should be ignored for the top 1 foot of soils against the structure since it can be easily removed with time. The proper application of these loading conditions is the responsibility of the wall designer. The hydrostatic pressure can be reduced by providing a drain and weep holes behind the, abutments and wing walls. The drain should be reasonably well -graded sands and gravels with a maximum of 5 percent passing the No..200 sieve and a maximum particle size of 3 inches that is at least 12 inches wide and placed against the CITY OF FORT COLLINS - PARK AND PLANNING DEVELOPMENT POWER TRAIL PEDESTRIAN BRIDGE a CTL IT PROJECT NO. FC04868-125 back of an abutment or wing wall. The top 2 feet of backfill above the drain should be compacted clays. Weep holes should be 4 inches in diameter, spaced 10 feet center -to - center at the bottom of an abutment or wall. At least two weep holes should be provided per wall at the bottom of the wall. The back of the weep holes should connect to the drain, be protected from clogging and be screened to prevent drain materials from falling out of the weep holes. A manufactured drain such as Miradrain could be substituted for the drain sand and gravel. Manufactured drains should be installed following the manufacturers recommendations. Wall backfill should be placed, in 8-inch maximum loose lifts, within 2 percent of optimum moisture content and compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698). The placement and compaction of fill should be observed and tested by a representative of our firm during construction. APPROACH APRONS The proposed pedestrian bridge may include concrete approach aprons. We recommend the subgrade at these sites be scarified to a depth of 12 inches, moisture conditioned within 2' percent of optimum moisture content, and recompacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698). Concrete slabs should be a minimum of 6 inches thick, or thicker if required by local code or the bridge owner. The slabs should be isolated from the abutment. Local regulation may also require the concrete slab be anchored to the ground. WATER-SOLUBLE SULFATES Concrete that comes into contact with soils can be subject to sulfate attack. We measured water-soluble sulfate concentrations. in one sample from this site. Concentrations were below measurable limits. Sulfate concentrations less than 0.1 percent indicate Class 0 exposure to sulfate attack for concrete that comes into contact with the subsoils, according to the American Concrete Institute (ACI). For this level of sulfate concentration, ACI indicates any type of cement can be used for concrete that comes into contact with the soils. In our experience, superficial damage may occur to CITY OF FORT COLLINS - PARK AND PLANNING DEVELOPMENT POWER TRAIL PEDESTRIAN BRIDGE 9 CTL IT PROJECT NO. FC04868-125 A. COVERAGE UNDER THIS PERMIT (cont.) . PART Permit - Page 6 Permit No. COR-030000 If the new responsible party will not complete the reassignment form, the applicable portion of the permitted site may be removed from permit coverage upon written request to the Division if the permittee has no legal responsibility, through ownership or contract, for the construction activities at the portion of the site. In this case, the new owner or operator would be required to obtain permit coverage separately. Sale of Residence to Homeowners For residential construction only, when a residential lot has been conveyed to a, homeowner and all criteria in paragraphs a through e, below, are met, coverage under this permit is no longer required and the conveyed lot may be removed from coverage under the permittee's certification. At such time, the permittee is no longer responsible for meeting the terms and conditions of this permit for the conveyed lot, including the requirement to transfer or reassign permit coverage. The permittee remains responsible for inactivation of the original certification. a) The lot has been sold to the homeowner(s) for private residential use; b) the lot is less than one acre of disturbed area; c) all construction activity conducted by the permittee on the lot is completed; d) a certificate of occupancy (or equivalent) has been awarded to the home owner; and e) the SWMP has been amended to indicate the lot is no longer covered by permit. Lots not meeting all of the above criteria require continued permit coverage. However, this permit coverage may be transferred (Part I.A.7, above) or reassigned (Part I.A.8, above) to a new owner or operator. 10. Permit Expiration Date Authorization to discharge under this general permit shall expire on June 30, 2012. The Division must evaluate and reissue this general permit at.least once every five years and must recertify the permittee's authority to discharge under the general permit at such time. Therefore, a permittee desiring continued coverage under the general permit must reapply by March 31, 2012. The Division will initiate the renewal process; however, it is ultimately the permittee's responsibility to ensure that the renewal is submitted. The Division will determine if the permittee may continue to operate under the terms of the general permit. An individual permit may be required for any facility not reauthorized to discharge under the reissued general permit. 11. Individual Permit Criteria Various criteria can be used in evaluating whether or not an individual (or alternate general) permit is required instead of this general permit. This information may come from the application, SWMP, or additional information as requested by the Division, and includes, but is not limited to, the following: a) the quality of the receiving waters (i.e., the presence of downstream drinking water intakes or a high quality fishery, or for preservation of high quality water); b) the size of the construction site; c) evidence of noncompliance under a previous permit for the operation; d) the use of chemicals within the stormwater system; or . e) discharges of pollutants of concern to waters for which there is an established Total Maximum Daily Load (TMDL). In addition, an individual permit may be required when the Division has shown or has reason to suspect that the stormwater discharge may contribute to a violation of a water quality standard. B. STORMWATER MANAGEMENT PLAN (SWMP) — GENERAL REQUIREMENTS A SWMP shall be developed for each facility covered by this permit. The SWMP shall be prepared in accordance with good engineering, hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.) the exposed surfaces of highly permeable concrete, even though sulfate levels. are relatively low. To control this risk and to resist freeze -thaw deterioration, the water-to- cementitious material ratio should not exceed 0.50 for concrete in contact with soils that are likely to stay moist due to surface drainage or high water tables: Concrete should be air entrained. SURFACE DRAINAGE Performance of flatwork and foundations are influenced by changes in subgrade moisture conditions. Carefully planned and maintained surface grading can reduce the risk of wetting of the foundation soils and flatwork subgrade. We recommend the following precautions be observed during and maintained after the completion of the proposed construction: 1. Wetting or drying of the open foundation excavation should be avoided. 2. Positive drainage should be provided away from foundations, wing walls and abutments. We recommend a minimum slope of at least 5 percent in the first 10 feet away from the foundations in landscaped areas, where possible. Flatwork adjacent to the abutments should be sloped for positive drainage away from the pedestrian bridge. Water should not be allowed to pond on flatwork. 3. Backfill around foundations should be moisture treated and compacted as discussed in SITE DEVELOPMENT. 4. Impervious plastic membranes should not be used to cover the ground surface immediately surrounding the, bridge. These membranes tend to trap moisture and prevent normal evaporation from occurring. Geotextile fabrics can be used to limit weed growth and allow for evaporation. LIMITATIONS Although our borings were spaced to obtain a reasonably accurate picture of subsurface conditions, variations not indicated in our borings are always possible. We should observe helical pier installation to confirm soils are similar to those found in our borings. Placement and compaction of fill, backfill, subgrade, and other fills should be observed and tested by a representative of our firm during construction. CITY OF FORT COLLINS - PARK AND PLANNING DEVELOPMENT POWER TRAIL PEDESTRIAN BRIDGE 10 CTL I T PROJECT NO. FC04868-125 6-1 This report was prepared from data developed during our field exploration, laboratory testing, engineering analysis, and experience with similar conditions. The recommendations contained in this report were based upon our understanding of the planned construction. If plans change or differ from the assumptions presented herein, we should be contacted to review our recommendations. We believe this investigation was conducted in a manner consistent with that level of skill and care ordinarily used by members of the profession currently practicing under similar conditions in the locality of this project. No warranty, express or implied, is made. If we can be of further service in discussing the contents of this report or in the analysis of the proposed construction from the geotechnical . point of view, please contact the undersigned. CTL I THOMPSON, INC. by: Spenc r Schram, EI Staff Engineer Review Ave Eric D. Project CITY OF FORT COLLINS - PARK AND PLANNING DEVELOPMENT POWER TRAIL PEDESTRIAN BRIDGE 1 CTL IT PROJECT NO. FC04868-125 APPROXIMATE SCALE: 1'=400' 0 200' 400' E. HARMONY RD. � 4a W m ~ KECHTER RD. VJ M SOIJTHRIDGE GREENS BLVD. SITE VICINITY MAP (FORT COLLINS AREA) NOT TO SCALE LEGEND: TH-1 INDICATES APPROXIMATE LOCATION OF EXPLORATORY BORING. P-1 INDICATES APPROXIMATE ® LOCATION OF PIEZOMETER. TBM INDICATES APPROXIMATE ® LOCATION OF TEMPORARY BENCHMARK AT TOP NORTHEAST CORNER OF SOUTHERN WINGWALL FOR BOX CULVERT (ASSUMED ELEVATION 100'). Locations of Exploratory Borings CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT FIGURE 1 POWER TRAIL PEDESTRIAN BRIDGE CTL 1 T PROJECT NO. FC04868-125 M w LL Z O w TH-1 P-1 EL 96 EL 62 LEGEND: 100 100 CLAY, SANDY WITH OCCASIONAL CLAYEY SAND FIBROWN LAYERS, MOIST TO WET, STIFF TO VERY STIFF, TO DARK BROWN (CL, SC) 01* 25/12 do SAND, GRAVELLY, SLIGHTLY MOIST TO WET, MEDIUM 19/12 DENSE, BROWN (SP) 90 90 14/12 00, DRIVE SAMPLE. THE SYMBOL INDICATES BLOWS OF 01 9/12 A 14G-POUND HAMMER FALLING 30 INCHES WERE 80 80 REQUIRED TO DRIVE A 2.5-INCH O.D. SAMPLER H317/12 INCHES. $Z WATER LEVEL MEASURED AT TIME OF DRILLING. WATER LEVEL MEASURED SEVERAL DAYS AFTER DRILLING. 70 70 50 40 30 20 1-10 10- CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT POWER TRAIL PEDESTRIAN BRIDGE CTL I T PROJECT NO. FC04888.125 NOTES: w LL z 1. THE BORINGS WERE DRILLED ON THE 31ST OF Q MARCH, 2009 USING 4-INCH DIAMETER CONTINUOUS -FLIGHT AUGERS AND A CME-55 w TRUCK -MOUNTED DRILL RIG. 2. BORING LOCATIONS AND ELEVATIONS WERE SURVEYED BY A REPRESENTATIVE OF OUR FIRM. ELEVATIONS WERE BASED RELATIVE TO THE TEMPORARY BENCHMARK INDICATED ON FIGURE 1. 3. THESE LOGS ARE SUBJECT TO THE EXPLANATIONS, LIMITATIONS AND CONCLUSIONS IN THIS REPORT. Summary Logs of Exploratory Borings FIGURE 2 WALL TYPE EARTH PRESSURE P='YA*H H = HEIGHT OF WALL (FT) P = LATERAL PRESSURE (PSF) ^YA = ACTIVE HYDROSTATIC UNIT WEIGHT (PCF) P CANTILEVER WALL (Active Condition) P = 0.6 *'YP* H H = HEIGHT OF WALL (FT) P = LATERAL PRESSURE (PSF) P yP = PASSIVE HYDROSTATIC UNIT WEIGHT (PCF) BRACED OR TIE —BACK EXCAVATION h, h 9 = 'YA * (fihe) Fj = 'YA * (h+ jjhs) h = HEIGHT OF WALL (FT) hg = HEIGHT OF SLOPE (FT) R = LATERAL PRESSURE, TOP OF WALL (PSF) P2 = LATERAL PRESSURE, BOTTOM OF WALL (PSF) 7A = ACTIVE HYDROSTATIC UNIT WEIGHT (PCF) CANTILEVER WALL —SLOPING BACKFILL (Active with Surcharge) Example Lateral Earth Pressure Distributions CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT FIGURE 3 POWER TRAIL PEDESTRIAN BRIDGE CTL I T PROJECT NO. FC04868.125 _2 -3 Z '� O U) Z a x 5 W 0 Z O -6 N N W Q -7 a O V -a --------------------- - - - - -- -- - 1 EXPANSION UNDER CONSTANT PRESSURE DUE TO WETTING I I 1 , 1 1_ _ _ _ _ _ _ _ _ _ _ _ _ _ _I I !_ _ _ _ - _ _ _ _ _ _ _ _ _ _ - _I_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ i _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _I_ _ _ _ _ _ _ - - - r _ _ 1 _ _ _ _ _ _ _ _ _ - - - _ _ _ _ _ - , I 1 1 i I r 1 I I I 1 t _ _ _ - _ _ _ T _ _ _ _ _ _ _ _ - _ _ _ _ _ r. _ _ _ _ _ _ _ _ _ _ _ r I _ _ , _ _ r _ ------ ----- --I-------i - -t -- -, ------------- ---------'- - ;----- - - - - -- -- - - -- --- 0.1 APPLIED PRESSURE KSF Sample of CLAY, SANDY (CL) From TH - 1 AT 2 FEET 1.0 CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT POWER TRAIL PEDESTRIAN BRIDGE CTL I T PROJECT NO. FC04868-125 10 100 DRY UNIT WEIGHT= 113 PCF MOISTURE CONTENT= 10.7 % Swell Consolidation Test Results FIGURE 4 z 1 O ra z a o CL x W 0 0 z -, O rn U) W IX d -2 2 O V -3 EXPANSION UNDER CONSTANT ___---____-'_- _ _ _------------------ .PRESSURE DUE TOWETTING I I I - _ _ _ _ _ _ _ _ _t_ _ _1_ _ _ _ _ _ _ _ _ _ _ _ I 1 - _ - - - - 1 , t i - - - - - - - - - -' - - - - - - - - .- _ T ` - - - - - - - - - - - -I- - - T - i 0.1 1.0 APPLIED PRESSURE - KSF Sample of CLAY, SANDY (CL) From TH - 1 AT 4 FEET z _O W z Q a x W O z O N W M G. 2 O U -2 -3 -4 10 100 DRY UNIT WEIGHT= 114 PCF MOISTURE CONTENT= 8.6 % 1 , 1 , I EXPANSION UNDER CONSTANT _ _;_ _ _ P ESSURE DUE TO WETTING I I I • � 1 , i I � 1 I 1 _ - _ _ _ - - ' _ _ 1 1 I I I I I 1 I I I I I 1 I 1 � • i � i � I I I I , i i I i I I 1 I I 1 i I I i I 1 1 I - - - - - - - - - - - - - - - - - - - - - - - - 1 I i 1 1 1 1 i i t i I I 0.1 1.0 10 100 APPLIED PRESSURE - KSF Sample of CLAY, SANDY (CL) From TH -1 AT 9 FEET ^ CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT POWER TRAIL PEDESTRIAN BRIDGE CTL I T PROJECT NO. FC04868-125 DRY UNIT WEIGHT= 107 PCF MOISTURE CONTENT= 19.6 % Swell Consolidation 'test Results FIGURE 5 TABLE I SUMMARY OF LABORATORY TESTING BORING(FEET) DEPTH MOISTURE CONTENT % DRY DENSITY PCF ATTERBERG LIMITS SWELL TEST RESULTS* PASSING NO.200 SIEVE % SOLUBLE SULFATES % DESCRIPTION LIQUID LIMIT °k PLASTICITY INDEX % SWELL* % APPLIED PRESSURE (PSF) SWELL PRESSURE (PS TH-1 2 10.7 113 3.3 1,000 6,000 <0.01 CLAY, SANDY CL TH-1 4 8.6 114 41 27 2.8 1,000 5,000 61 CLAY, SANDY CL TH-1 9 19.6 107 0.2 1,000 ICLAY, SANDY CL TH-1 14 14.0 111 35 21 42 ISAND, CLAYEY SC CITY OF FORT COLLINS - PARK PLANNING AND DEVELOPMENT POWER TRAIL PEDESTRIAN BRIDGE CTLIT PROJECT No. FC04868-125 Page 1 of 1 APPENDIX A SAMPLE SITE GRADING SPECIFICATIONS SAMPLE SITE GRADING SPECIFICATIONS DESCRIPTION This item shall consist of the excavation, transportation, placement, and compaction of materials from locations indicated on the plans, or staked by the Engineer, as necessary to achieve building site elevations. 2. GENERAL The Soils Engineer shall be the Owner's representative. The Soils Engineer shall approve fill materials, method of placement, moisture contents, and percent compaction, and shall give written approval of the completed fill. 3. CLEARING JOB SITE The Contractor shall remove all trees, brush and rubbish before excavation or fill placement is begun. The Contractor shall dispose of the cleared material to provide the Owner with a clean, neat appearing job site. Cleared material shall not be placed in areas to receive fill or where the material will support structures of any kind. 4. SCARIFYING AREA TO BE FILLED All topsoil. and vegetable matter shall be removed from the ground surface upon which fill is to be placed. The surface shall then be plowed or scarified to a depth of 8 inches until the surface is free from ruts, hummocks or other uneven features, which would prevent uniform compaction by the equipment to be used. 5. COMPACTING AREA TO BE FILLED After the foundation for the fill has been cleared and scarified, it shall be disked or bladed until it is free from large clods, brought to the proper moisture content and compacted to not less than 95 percent of maximum dry density as determined in accordance with ASTM D 698. 6. FILL MATERIALS On -site materials classifying as CL, SC, SM, SW, SP, GP, GC, and GM are acceptable. Fill soils shall be free from organic matter, debris, or other deleterious substances, and shall not contain rocks or lumps having a diameter greater than three (3) inches. Fill materials shall be obtained from the existing fill and other approved sources. 7. MOISTURE CONTENT Fill materials shall be moisture treated. Clay soil should be moisture treated between optimum and 3 percent above optimum moisture content. Sand soils should be moistened to within 2 percent of optimum moisture content. Sufficient laboratory compaction tests shall be performed to determine the optimum moisture content for the various soils encountered in borrow areas. CITY OF FORT COLLINS - PARK AND PLANNING DEVELOPMENT POWER TRAIL PEDESTRIAN BRIDGE A-1 CTLIT PROJECT NO. FC04868-125 PART I Permit - Page 7 Permit No. COR-030000 B. STORMWATER MANAGEMENT PLAN (SWMP) — GENERAL REQUIREMENTS (cont.) 2. The SWMP shall: a) Identify all potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges associated with construction activity from the facility; b) Describe the practices to be used to reduce the pollutants in stormwater discharges associated with construction activity at the facility; and ensure the practices are selected and described in accordance with good engineering practices, including the installation, implementation and maintenance requirements; and c) Be properly prepared, and updated in accordance with Part I.D.S.c, to ensure compliance with the terms and conditions of this permit. 3. Facilities must implement the provisions of the SWMP as written and updated, from commencement of construction activity until final stabilization is complete, as a condition of this permit. The Division reserves the right to review the SWMP, and to require the permittee to develop and implement additional measures to prevent and control pollution as needed. 4. The SWMP may reflect requirements for Spill Prevention Control and Countermeasure (SPCC) plans under section 311 of the CWA, or Best Management Practices (BMPs) Programs otherwise required by a, separate CDPS permit, and may incorporate any part of such plans into the SWMP by reference, provided that the relevant sections of such plans are available as part of the SWMP consistent with Part I.D.5.b. 5. For any sites with permit coverage before June 30, 2007, the permittee's SMWP must meet the new SWMP requirements as summarized in Section II.I of the rationale. Any needed changes must be made by October 1, 2007. C. STORMWATER MANAGEMENT PLAN (SWMP) — CONTENTS The SWMP shall include the following items, at a minimum. Site Description. The SWMP shall clearly describe the construction activity, to include: a) The nature of the construction activity at the site. b) The proposed sequence for major activities. c) Estimates of the total area of the site, and the area and location expected to be disturbed by clearing, excavation, grading, or other construction activities. d) A summary of any existing data used in the development of the site construction plans or SWMP that describe the soil or existing potential for soil erosion. e) A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover. f) The location and description of all potential pollution sources, including ground surface disturbing activities (see Part I.A.2.b), vehicle fueling, storage of fertilizers or chemicals, etc. g) The location and description of any anticipated allowable sources of non-stormwater discharge at the site, e.g., uncontaminated springs, landscape irrigation return flow, construction dewatering, and concrete washout. h) The name of the receiving water(s) and the size, type and location of any outfall(s). If the stormwater discharge is to a municipal separate storm sewer system, the name of that system, the location of the storm sewer discharge, and the ultimate receiving water(s). 2. ' Site Man. The SWMP shall include a legible site map(s), showing the entire site, identifying: a) construction site boundaries; b) all areas of ground surface disturbance; c) areas of cut and fill; d) areas used for storage of building materials, equipment, soil, or waste; e). locations of dedicated asphalt or concrete batch plants; f) locations of all structural BMPs; g) locations of non-structural BMPs as applicable; and h) locations of springs, streams, wetlands and other surface waters. The Contractor may be required to add moisture to the excavation materials in the borrow area if, in the opinion of the Soils Engineer, it is not possible to obtain uniform moisture content by adding water on the fill surface. The Contractor may be required to rake or disk the fill soils to provide uniform moisture content through the soils. The application of water to embankment materials shall be made with any type of watering equipment approved by the Soils Engineer, which will give the desired results. Water jets from the spreader shall not be directed at the embankment with such force that fill materials are washed out. Should too much water be added to any part of the fill, such that the material is too wet to permit the desired compaction from being obtained, rolling and all work on that section of the fill shall be delayed until the material has been allowed to dry to the required moisture content. The Contractor will be permitted to rework wet material in an approved manner to hasten its drying. 8. COMPACTION OF FILL AREAS Selected fill material shall be placed and mixed in evenly spread layers. After each fill layer has been placed, it shall' be uniformly compacted to not less than the specified percentage of maximum dry density. Fill materials shall be placed such that the thickness of loose material does not exceed 8 inches and the compacted lift thickness does not exceed 6 inches. Compaction, as specified above, shall be obtained by the use of sheepsfoot rollers, multiple -wheel pneumatic -tired rollers, or other equipment approved by the Engineer. Compaction shall be accomplished while the fill material is at the specified moisture content. Compaction of each layer shall be continuous over the entire area. Compaction equipment shall make sufficient trips to insure that the required dry density is obtained. 9. COMPACTION OF SLOPES Fill slopes shall be compacted by means of sheepsfoot rollers or other suitable equipment. Compaction operations shall be continued until slopes are stable, but not too dense for planting, and there is no appreciable amount of loose soil on the slopes. Compaction of slopes may be done progressively in increments of three to five feet (3' to 5') in height or after the fill is brought to its total height. Permanent fill slopes shall not exceed 3:1 (horizontal to vertical). 10. DENSITY TESTS Field density tests shall be made by the Soils Engineer at locations and depths of his choosing. Where sheepsfoot rollers are used, the soil may be disturbed to a depth of several inches. Density tests shall be taken in compacted material below the disturbed surface. When density tests indicate that the dry density or moisture content of any layer of fill or portion thereof is below that required, the particular layer or portion shall be reworked until the required dry density or moisture content has been achieved. CITY OF FORT COLLINS - PARK AND PLANNING DEVELOPMENT POWER TRAIL PEDESTRIAN BRIDGE A-2 CTL IT PROJECT NO. FC04868-125 Li 11. COMPLETED PRELIMINARY GRADES All areas, both cut and fill, shall be finished to a level surface and shall meet the following limits of construction: A. Overlot cut or fill areas shall be within plus or minus 2/10 of one foot. B. Street grading shall be within plus or, minus 1/10 of one foot. The civil engineer, or duly authorized representative, shall check all cut and fill areas to observe that the work is in accordance with the above limits. 12. SUPERVISION AND CONSTRUCTION STAKING Observation by the Soils Engineer shall be continuous during the placement of fill and compaction operations so that he can declare that the fill was placed in general conformance with specifications. All site visits necessary to test the placement of fill and observe compaction operations will be at the expense of the Owner.' All construction staking will be provided by the Civil Engineer or his -duly authorized representative. Initial and final: grading staking shall be at the expense of the owner. The replacement of grade stakes through construction shall be at the expense of the.contractor. 13. SEASONAL LIMITS No fill material shall be placed, spread or rolled while it is frozen, thawing, or during unfavorable weather conditions. When work is interrupted by heavy precipitation, fill operations shall not be resumed until the Soils Engineer, indicates ' that the moisture content and dry density of previously placed materials are as specified.. 14. NOTICE REGARDING START OF GRADING The contractor shall submit notification to the Soils Engineer and Owner advising them of the start of grading operations at least three (3) days -in advance of the starting date. Notification shall also be submitted at least 3 days in advance of any resumption dates when grading operations have been stopped for any reason other than adverse weather conditions. 15. . REPORTING OF FIELD DENSITY TESTS Density tests made by the Soils Engineer, as specified under "Density Tests" above, shall be submitted progressively to the Owner. Dry density, moisture content and percent compaction shall be reported for each test taken. 16. DECLARATION REGARDING COMPLETED FILL The Soils =Engineer shall provide a written declaration stating that the site was filled with acceptable materials, or was,placed in general accordance with the specifications. CITY OF FORT COLLINS -PARK AND PLANNING DEVELOPMENT A-3 POWER TRAIL PEDESTRIAN BRIDGE CTL IT PROJECT NO. FC04868-125 PART Permit - Page 8 Permit No. COR-030000 C. STORMWATER MANAGEMENT PLAN (SWMP)—CONTENTS (cont.) Stormwater Management Controls. The SWMP must include a description of all stormwater management controls that will be implemented as part of the construction activity to control pollutants in stormwater discharges. The appropriateness and priorities of stormwater management controls in the SWMP shall reflect the potential pollutant sources identified at the facility. The description of stormwater management controls shall address the following components, at a minimum: a) SWMP Administrator - The SWMP shall identify a specific individual(s), position or title who is responsible for developing, implementing, maintaining, and revising the SWMP. The activities and responsibilities of the administrator shall address all aspects of the facility's SWMP.. b) Identification of Potential Pollutant Sources - All potential pollutant sources, including materials and activities, at a site must be evaluated for the potential to contribute pollutants to stormwater discharges. The SWMP shall identify and describe those sources determined to have the potential to contribute pollutants to stormwater discharges, and the sources must be controlled through BMP selection and implementation, as required in paragraph (c), below. At a minimum, each of the following sources and activities shall be evaluated for the potential to contribute pollutants to stormwater discharges, and identified in the SWMP if found to. have such potential: 1) all disturbed and stored soils; 2) vehicle tracking of sediments; 3) management of contaminated soils; 4) loading and unloading operations; 5) outdoor storage activities (building materials, fertilizers, chemicals, etc.); 6) vehicle and equipment maintenance and fueling; 7) significant dust or particulate generating processes; 8) routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc.; 9) on -site waste management practices (waste piles, liquid wastes, dumpsters, etc.); 10) concrete truck/equipment washing, including the concrete truck chute and associated fixtures and equipment; 11) dedicated asphalt and concrete batch plants; 12) . non -industrial waste sources such as worker trash and portable toilets; and 13) other areas or procedures where potential spills can occur. c) Best Management Practices (BMPs) for Stormwater Pollution Prevention - The SWMP shall identify and describe appropriate BMPs, including, but not limited to, those required by paragraphs 1 through 8 below, that will be implemented at the facility to reduce the potential of the sources identified in Part I.C.3.b to contribute pollutants to stormwater discharges. The SWMP shall clearly describe the installation and implementation specifications for each BMP identified in the SWMP to ensure proper implementation, operation and maintenance of the BMP. 1) Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate all structural practices implemented at the site to minimize erosion and sediment transport. Practices may include, but are not limited to: straw bales, wattles/sediment control logs, silt fences, earth dikes, drainage swales, sediment traps, subsurface drains, pipe slope drains, inlet protection, outlet protection, gabions, and temporary or permanent sediment basins. 2) Non -Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate, as applicable, all non-structural practices implemented at the site to minimize erosion and sediment transport. Description must include interim and permanent stabilization practices, and site -specific scheduling for implementation of the practices. The SWMP should include practices to ensure that existing vegetation is preserved where possible. Non-structural practices may include, but are not limited to: temporary vegetation, permanent vegetation, mulching, geoteztiles, sod stabilization, slope roughening, vegetative buffer strips, protection of trees, and preservation of mature vegetation. PART Permit - Page 9 Permit No. COR-030000 C. STORMWATER MANAGEMENT PLAN (SWMP) — CONTENTS (cont.) 3) Phased BMP Implementation. The SWMP shall clearly describe the relationship between the phases of construction, and the implementation and maintenance of both structural and non-structural stormwater management controls. The SWMP must identify the stormwater management controls to be implemented during the project phases, which can include, but are not limited to, clearing and grubbing; road construction; utility and infrastructure installation; vertical construction; final grading; and final stabilization. . 4) Materials Handling and Spill Prevention. The SWMP shall clearly describe and locate all practices implemented at the site to minimize impacts from procedures or significant materials (see definitions at Part I.E.) that could contribute pollutants to runoff. Such procedures or significant materials could include: exposed storage of building materials; paints and solvents; fertilizers or chemicals; waste material; and equipment maintenance or fueling procedures. Areas or procedures where potential spills can occur must have spill prevention and response procedures identified in the SWMP. 5) Dedicated Concrete or Asphalt Batch Plants. The SWMP shall clearly describe and locate all practices implemented at the site to control stormwater pollution from dedicated concrete batch plants or dedicated asphalt batch plants covered by this certification. 6) Vehicle Tracking Control. The SWMP shall clearly describe and locate all practices implemented at the site to control potential sediment discharges from vehicle tracking. Practices must be implemented for all areas of potential vehicle tracking, and can include: minimizing site access; street sweeping or scraping; tracking pads; graveled parking areas; requiring that vehicles stay on paved areas on -site; wash racks; contractor education; and/or sediment control BMPs, etc. 7) Waste Management and Disposal, Including Concrete Washout. i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater pollution from all construction site wastes (liquid and solid), including concrete washout activities. ii) The practices used for concrete washout must ensure that these activities do not result in the contribution of pollutants associated with the washing activity to stormwater runoff. iii) Part 1.D.3.c of the permit authorizes the conditional discharge of concrete washout water to the ground. The SWMP shall clearly describe and locate the practices to be used that will ensure that no washout water from concrete washout activities is discharged from the site as surface runoff or to surface waters. 8) Groundwater and Stormwater Dewatering. i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater pollution from the dewatering of groundwater or stormwater from excavations, wells, etc. ii) Part I.D.3.d of the permit authorizes the conditional discharge of construction dewatering to the ground. For any construction dewatering of groundwater not authorized under a separate CDPS discharge permit, the SWMP shall clearly describe and locate the practices to be used that will ensure that no groundwater from construction dewatering is discharged from the site as surface runoff or to surface waters. 4. Final Stabilization and Long-term Stormwater Management a) The SWMP shall clearly describe the practices used to achieve final stabilization of all disturbed areas at the site, and any planned practices to control pollutants in stormwater discharges that will occur after construction operations have been completed at the site. b) Final stabilization practices for obtaining a vegetative cover should include, as appropriate: seed mix selection and application methods; soil preparation and amendments; soil stabilization practices (e.g., crimped straw, hydro mulch or rolled erosion control products); and appropriate sediment control BMPs as needed until final stabilization is achieved; etc. PART I Permit - Page 10 Permit No. COR-030000 C. STORMWATER MANAGEMENT PLAN (SWMP) — CONTENTS (cont.) c) Final stabilization is reached when all ground surface disturbing activities at the site have been completed, and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre - disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. The Division may, after consultation with the permittee and upon good cause, amend the final stabilization criteria in this section for specific operations. 5. Inspection and Maintenance . Part I.D.6 of the permit includes requirements for site inspections. Part I.D.7 of the permit includes requirements for BMP maintenance. The SWMP shall clearly describe the inspection and maintenance procedures implemented at the site to maintain all erosion and sediment control practices and other protective practices identified in the SWMP, in good and effective operating condition. D. TERMS AND CONDITIONS General Limitations The following limitations shall apply to all discharges covered by this permit: a) Stormwater discharges from construction activities shall not cause, have the reasonable potential to cause, or measurably contribute to an exceedance of any water quality standard, including narrative standards for water quality. b) Concrete washout water shall not be discharged to state surface waters or to storm sewer systems. On -site permanent disposal of concrete washout waste is not authorized by this permit. Discharge to the ground of concrete washout waste that will subsequently be disposed of off -site is authorized by this permit. See Part I.D.3.c of the permit. c) Bulk storage structures for petroleum products and any other chemicals shall have secondary containment or equivalent adequate protection so as to contain all spills and prevent any spilled material from entering State waters. d) No chemicals are to be added to the discharge unless permission for the use of a specific chemical is granted by the Division. In granting the use of such chemicals, special conditions and monitoring may be addressed by separate correspondence. e) The Division reserves the right to require sampling and testing, on a case -by -case basis, in the event that there is reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in removing pollutants in the effluent. Such monitoring may include Whole Effluent Toxicity testing. f) All site wastes must be properly managed to prevent potential pollution of State waters. This permit does not authorize on -site waste disposal. g) All dischargers must comply with the lawful requirements of federal agencies, municipalities, counties, drainage districts and other local agencies regarding any discharges of stormwater to storm drain systems or other water courses under their jurisdiction, including applicable requirements in municipal stormwater management programs developed to comply with CDPS permits. Dischargers must comply with local stormwater management requirements, policies or guidelines including erosion and sediment control. BMP Implementation and Design Standards Facilities must select, install, implement, and maintain appropriate BMPs, following good engineering, hydrologic and pollution control practices. BMPs implemented at the site must be adequately designed to provide control for all potential pollutant sources associated with construction activity to prevent pollution or degradation of State waters. PART Permit - Page 11 Permit No. COR-030000 D. TERMS AND CONDITIONS (cont.) Prohibition of Non-Stormwater Discharges a) Except as provided in paragraphs b, c, and d below, all discharges covered by this permit shall be composed entirely of stormwater associated with construction activity. Discharges of material other than stormwater must be addressed in a separate CDPS permit issued for that discharge. b) Discharges from the following sources that are combined with stormwater discharges associated with construction activity may be authorized by this permit, provided that the non-stormwater component of the discharge is identified in the SWMP (see Part I.C.l.g of this permit): - emergency fire fighting activities - landscape irrigation return flow - uncontaminated springs c) Discharges to the ground of concrete washout water from washing of tools and concrete mixer chutes may be authorized by this permit, provided that: 1) the source is identified in the SWMP; 2) BMPs are included in the SWMP in accordance with Part I.C.3(c)(7) and to prevent pollution of groundwater in violation of Part I.D.La; and 3) these discharges do not leave the site as surface runoff or to surface waters d) Discharges to the ground of water from construction dewatering activities may be authorized by this permit, provided that: 1) the source is groundwater and/or groundwater combined with stormwater that does not contain pollutants in concentrations exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42; 2) the source is identified in the SWMP; 3) BMPs are included in the SWMP, as required by Part I.C.3(c)(8); and 4) these discharges do not leave the site as surface runoff or to surface waters. Discharges to the ground from construction dewatering activities that do not meet the above criteria must be covered under a separate CDPS discharge permit. Contaminated groundwater requiring coverage under a separate CDPS discharge permit may include groundwater contaminated with pollutants from a landfill, mining activity, industrial pollutant plume, underground storage tank, or other source. 4. Releases in Excess of Reportable Quantities This permit does not relieve the permittee of the reporting requirements of 40 CFR 110, 40 CFR 117 or 40 CFR 302. Any discharge of hazardous material must be handled in accordance with the Division's Noncompliance Notification Requirements (see Part II.A.3 of the permit). SWMP Requirements a) SWMP Preparation and Implementation: The SWMP shall be prepared prior to applying for coverage under the general permit, and certification of its completion submitted with the application. The SWMP shall be implemented prior to commencement of construction activities. The plan shall be updated as appropriate (see paragraph c, below), below). SWMP provisions shall be implemented until expiration or inactivation of permit coverage. b) SWMP Retention Requirements: A copy of the SWMP must be retained on site unless another location, specified by the permittee: is approved by the Division. c) SWMP Review/Changes: The permittee shall amend the SWMP: 1) when there is a change in design, construction, operation, or maintenance of the site, which would require the implementation of new or revised BMPs; or 2) if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity; or PART I Permit - Page 12 Permit No. COR-030000 D. TERMS AND CONDITIONS (cont.) 3) when BMPs are no longer necessary and are removed. SWMP changes shall be made prior to changes in the site conditions, except as allowed for in paragraph d, below. SWMP revisions may include, but are not limited to: potential pollutant source identification; selection of appropriate BMPs for site conditions; BMP maintenance procedures; and interim and final stabilization practices. The SWMP changes may include a schedule for further BMP design and implementation, provided that, if any interim BMPs are needed to comply with the permit, they are also included in the SWMP and implemented during the interim period. d) Responsive SWMP Changes: SWMP changes addressing BMP installation and/or implementation are often required to be made in response to changing conditions, or when current BMPs are determined ineffective. The majority of SWMP revisions to address these changes can be made immediately with quick in -the -field revisions to the SWMP. In the less common scenario where more complex development of materials to modify the SWMP is necessary, SWMP revisions shall be made in accordance with the following requirements: 1) the SWMP shall be revised as soon as practicable, but in no case more than 72 hours after the change(s) in BMP installation and/or implementation occur at the site, and 2) a notation must be included in the SWMP prior to the site change(s) that includes the time and date of the change(s) in the field, an identification of the BMP(s) removed or added, and the location(s) of those BMP(s). 6. Inspections Site inspections must be conducted in accordance with the following requirements and minimum schedules. The required minimum inspection schedules do not reduce or eliminate the permittee's responsibility to implement and maintain BMPs in good and effective operational condition, and in accordance with the SWMP, which could require more frequent inspections. a) Minimum Inspection Schedule: The permittee shall, at a minimum, make a thorough inspection, in accordance with the requirements in I.D.6.b below, at least once every 14 calendar days. Also, post -storm event inspections must be conducted within 24 hours after the end of any precipitation or snowmelt event that causes surface erosion. Provided the timing is appropriate, the post -storm inspections may be used to fulfill the 14-day routine inspection requirement. A more frequent inspection schedule than the minimum inspections described may be necessary, to ensure that BMPs continue to operate as needed to comply with the permit. The following conditional modifications to this Minimum Inspection Schedule are allowed: 1) Post -Storm Event Inspections at Temporarily Idle Sites — If no construction activities will occur following a storm event, post -storm event inspections shall be conducted prior to re -commencing construction activities, but no later than 72 hours following the storm event. The occurrence of any such delayed inspection must be documented in the inspection record. Routine inspections still must be conducted at least every 14 calendar days. 2) Inspections at Completed Sites/Areas — For sites or portions of sites that meet the following criteria, but final stabilization has not been achieved due to a vegetative cover that has not become established, the permittee shall make a thorough inspection of their stormwater management system at least once every month, and post - storm event inspections are not required. This reduced inspection schedule is only allowed if: i) all construction activities that will result in surface ground disturbance are completed; ii) all activities required for final stabilization, in accordance with the SWMP, have been completed, with the exception of the application of seed that has not occurred due to seasonal conditions or the necessity for additional seed application to augment previous efforts; and iii) the SWMP has been amended to indicate those areas that will be inspected in accordance with the reduced schedule allowed for in this paragraph. SECTION 01800 — DEFINITION OF BID ITEMS The followiirg items describe the scope of work for this contract and are further clarified through limit -of -work boundary notes on the drawings and specifications. The work described in each Bid Item may contain work from one or several technical specification sections. Contractor shall refer to the technical specifications that apply to the individual components. Bid Item 1 — Mobilization This work includes the mobilization of personnel, equipment and supplies at the project site in preparation for work on the project, as well as the establishment of the Contractor's offices. buildings and other necessary facilities, and all other costs incurred or labor and operations which must be performed prior to begiiumng the other items tinder the Contract. This item shall also include marshalling. disassembly aid security of all items indicated on the plans or specifications. Payment will be made as Work- progresses. Payment for thus item will follow in accordance with CDOT Standard Specifications for Road and Bridge Construction. Section 626. The total amount for mobilization shall not exceed five percent (5%) of the total bid Bid Item 2 — Surveying Contractor shall fiuuish a professional land surveyor. licensed in the State of Colorado for constriction staling as stated in the specifications and drawirngs including. but not limited to. Section 01000. 1.16. Contractor shall submit a schedule of values for all surveying to be perforated in accordance with the Drawings and Specifications prior to the preconsnuction conference. Bid Item 3 — Traffic Control Contractor shall fiuuish all labor. materials and equipment for approved traffic control and traffic control plan for all street work. Item includes coordination of approvals and managennent with Cit}Streets Department. Bid Item 4 — Erosion Control Contractor shall install and maintain erosion control items dining consnuction in accordance with the Drawings and Specifications including. but not limited to the State of Colorado Stonmvater Discharge Permit. construction entrance, silt fence. concrete washout. bales. etc. Contractor also shall obtain a State of Colorado Stormivater Discharge Permit as part of the erosion. control. State of Colorado Stormwater Discharge Permit application will be provided by the City of Fort Collins. This permit takes approx. 10 days to receive from the time of submittal and needs to be on -site before the project can start. Bid Item 5 — Temaorary Fence — Limits of Disturbance Contractor shall fiuuish all labor, materials, and equipment for the installation. maintenance. and removal of temporary fencing along access route and the west side of the proposed nail as sho«m on the drawings. Temporary fencing shall consist of metal `T'-posts installed at all corners and spaced no greater than 20' apart with a single smooth wire attached near the top. The fence must be installed prior to any other construction, maintained durig n and removed at the completion of the project. ` Bid Item 6 — Clear and Grub Contractor shall provide all labor and equipment for clearing. grubbing, removing, and disposing of vegetation and debris and other areas shown in the Contract or required by the work. Vegetation and objects designated to remain shall be preserved free from injury or defacement. Work includes all hauling and fees. Bid Item 7 — Unclassified Excavation Contractor shall fiuuish all labor, materials and equipment for site excavation including topsoil snipping. excavation, stockpiling. distribution. rough grading. fine grading. and haul and disposing of all excess material per Drawings and Specifications. " Bid Item 8 — Borrow ABC Class 5/6 (C.I.P.) City of Fort Collins Section 01800 - Definition of Bid Items Park Planning & Development Division Page 1 of 2 PART Permit - Page 13 D. TERMS AND CONDITIONS (cont.) Permit No. COR-030000 3) Winter Conditions Inspections Exclusion — Inspections are not required at sites where construction activities are temporarily halted, snow cover exists over the entire site for an extended period, and melting conditions posing a risk of surface erosion do not exist. This exception is applicable only during the period where melting conditions do not exist, and applies to the routine 14-day and monthly inspections, as well as the post -storm - event inspections. The following information must be documented in the inspection record for use of this exclusion: dates when snow cover occurred, date when construction activities ceased, and date melting conditions began. Inspections, as described above, are required at all other times. When site conditions make the schedule required in this section impractical, the permittee may petition the Division to grant an alternate inspection schedule. b) Inspection Requirements 1) Inspection Scope - The construction site perimeter, all disturbed areas, material and/or waste storage areas that are exposed to precipitation, discharge locations, and locations where vehicles access the site shall be inspected for evidence of, or the potential for, pollutants leaving the construction site boundaries, entering the stormwater drainage system, or discharging to state waters. All erosion and sediment control practices identified in the SWMP shall be evaluated to ensure that they are maintained and operating correctly. 2) Inspection Report/Records - The permittee shall keep a record of inspections. Inspection reports must identify any incidents of non-compliance with the terms and conditions of this permit. Inspection records must be retained for three years from expiration or inactivation of permit coverage. At a minimum, the inspection report must include: i) The inspection date; ii) Name(s) and title(s) of personnel making the inspection; iii) Location(s) of discharges of sediment or other pollutants from the site; iv) Location(s) of BMPs that need to be maintained; v) Location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location; vi) Location(s) where additional BMPs are needed that were not in place at the time of inspection; vii) Deviations from the minimum inspection schedule as provided in Part I.D.6.a above; vii) Description of corrective action for items iii, iv, v, and vi, above, dates corrective action(s) taken, and measures taken to prevent future violations, including requisite changes to the SWMP, as necessary; and viii) After adequate corrective action(s) has been taken, or where a report does not identify any incidents requiring corrective action, the report shall contain a signed statement indicating the site is in compliance with the permit to the best of the signer's knowledge and belief. c) Required Actions Following Site Inspections — Where site inspections note the need for BMP maintenance activities, BMPs must be maintained in accordance with the SWMP and Part I.D.7 of the permit. Repair, replacement, or installation of new BMPs determined necessary during site inspections to address ineffective or inadequate BMPs must be conducted din accordance with Part I.D.8 of the permit. SWMP updates required as a result of deficiencies in the SWMP noted during site inspections shall be made in accordance with Part I.D.5.c of the permit. BMP Maintenance All erosion and sediment control practices and other protective measures identified in the SWMP must be maintained in effective operating condition. Proper selection and installation of BMPs and implementation of comprehensive Inspection and Maintenance procedures, in accordance with the SWMP, should be adequate to meet this condition. BMPs that are not adequately maintained in accordance with good engineering, hydrologic and pollution control practices, including removal of collected sediment outside the acceptable tolerances of the BMPs, are considered to be no longer operating effectively and must be addressed in accordance with Part I.D.8, below. A specific timeline for implementing maintenance procedures is not included in this permit because BMP maintenance is expected to be proactive, not responsive. Observations resulting in BMP maintenance activities can be made during a site inspection, or during general observations of site conditions. PART Permit - Page 14 Permit No. COR-030000 D. TERMS AND CONDITIONS (cont.) 8. Replacement and Failed BMPs Adequate site assessment must be performed as part of comprehensive Inspection and Maintenance procedures, to assess the adequacy of BMPs at the site, and the necessity of changes to those BMPs to ensure continued effective performance Where site assessment results in the determination that new or replacement BMPs are necessary, the BMPs must be installed to ensure on -going implementation of BMPs as per Part I.D.2. Where BMPs have failed, resulting in noncompliance with Part I.D.2, they must be addressed as soon as possible, immediately in most cases, to minimize the discharge of pollutants. When new BMPs are installed or BMPs are replaced, the SWMP must be updated in accordance with Part I.D.5(c). Reporting No scheduled reporting requirements are included in this permit; however, the Division reserves the right to request that a copy of the inspection reports be submitted. 10. SWMP Availability A copy of the SWMP shall be provided upon request to the Division, EPA, or any local agency in charge of approving sediment and erosion plans, grading plans or stormwater management plans, and within the time frame specified in the request. If the SWMP is required to be submitted to any of these entities, it must include a signed certification in accordance with Part I.F.1 of the permit, certifying that the SWMP is complete and meets all permit requirements. All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b) of the CWA and Section 61.5(4) of the Colorado Discharge Permit System Regulations. The permittee shall make plans available to members of the public upon request. However, the permittee may claim any portion of a SWMP as confidential in accordance with 40 CFR Part 2. 11. Total Maximum Daily Load (TMDL) If a TMDL has been approved for any waterbody into which the permittee discharges, and stormwater discharges associated with construction activity have been assigned a pollutant -specific Wasteload Allocation (WLA) under the TMDL, the Division will either: a) Ensure that the WLA is being implemented properly through alternative local requirements, such as by a municipal stormwater permit; or b) Notify the permittee of the WLA, and amend the permittee's certification to add specific BMPs and/or other requirements, as appropriate. The permittee may be required to do the following: 1) Under the permittee's SWMP, implement specific management practices based on requirements of the WLA, and evaluate whether the requirements are being met through implementation of existing stormwater BMPs or if additional BMPs are necessary. Document the calculations or other evidence that show that the requirements are expected to be met; and 2) If the evaluation shows that additional or modified BMPs aremecessary, describe the type and schedule for the BMP additions/revisions. Discharge monitoring may also be required. The permittee may maintain coverage under the general permit provided they comply with the applicable requirements outlined above. The Division reserves the right to require individual or alternate general permit coverage. PART I Permit - Page 15 Permit No. COR-030000 E. ADDITIONAL DEFINITIONS For the purposes of this permit: 1. Best Management Practices (BMPs): schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment requirements, operating procedures, pollution prevention, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from material storage. 2. Dedicated asphalt plants and concrete plants: portable asphalt plants and concrete plants that are located on or adjacent to a construction site and that provide materials only to that specific construction site. 3. Final stabilization: when all ground surface disturbing activities at the site have been completed, and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre -disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. For purposes of this permit, establishment of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site will be considered final stabilization. 4. Municipal separate storm sewer system: a conveyance or system of conveyances (including: roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains), owned or operated by a State, city, town, county, district, or other public body (created by state law), having jurisdiction over disposal of sewage, industrial waste, stormwater, or other wastes; designed or used for collecting or conveying stormwater. 5. Operator: the entity that has day-to-day supervision and control of activities occurring at the construction site. This can be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. It is anticipated that at different phases of a construction project, different types of parties may satisfy the definition of 'operator' and that the permit may be transferred as the roles change. 6. Outfall: a point source at the point where stormwater leaves the construction site and discharges to a receiving water or a stormwater collection system. 7. Part of a larger common plan of development or sale: a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules. 8. Point source: any discernible, confined and discrete conveyance from which pollutants are or may be discharged. Point source discharges of stormwater result from. structures which increase the imperviousness of the ground which acts to collect runoff, with runoff being conveyed along the resulting drainage or grading pattern. 9. Pollutant: dredged spoil, dirt, slurry, solid waste, incinerator.residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal or agricultural waste. 10. Process water: any water which, during manufacturing or processing, comes into contact with or results from the production of any raw material, intermediate product, finished product, by product or waste product. This definition includes mine drainage. 11. Receiving Water: any classified stream segment (including tributaries) in the State of Colorado into which stormwater related to construction activities discharges. This definition includes all water courses, even if they are usually dry, such as borrow ditches, arroyos, and other unnamed waterways. 12. Significant Materials include, but are not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharge. 13. Stormwater: precipitation -induced surface runoff. PART I Permit - Page 16 Permit No. COR-030000 F. GENERAL REQUIREMENTS Si2natory Requirements a) All reports required for submittal shall be signed and certified for accuracy by the permittee in accordance with the following criteria: 1) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates; 2) In the case of a partnership, by a general partner; 3) In the case of a sole proprietorship, by the proprietor; 4) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates. b) Changes to authorization. If an authorization under paragraph a) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph a) of this section must be submitted to the Division, prior to or together with any reports, information, or applications to be signed by an authorized representative. c) Certification. Any person signing a document under paragraph a) of this section shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Retention of Records a) The permittee shall retain copies of the SWMP and all reports required by this permit and records of all data used to complete the application to be covered by this permit, for three years after expiration or inactivation of permit coverage. b) The permittee shall retain a copy of the SWMP required by this permit at the construction site from the date of project initiation to the date of expiration or inactivation of permit coverage, unless another location, specified by the permittee, is approved by the Division. 3. Monitoring The Division reserves the right to require sampling and testing, on a case -by -case basis (see Part I.D.I .e), for example to implement the provisions of a TMDL (see Part I.D.I I of the permit). Reporting procedures for any monitoring data collected will be included in the notification by the Division of monitoring requirements. If monitoring is required, the following definitions apply: a) The thirty (30) day average shall be determined by the arithmetic mean of all samples collected during a thirty (30) consecutive -day period. b) A grab sample, for monitoring requirements, is a single "dip and take" sample. PART II A. MANAGEMENT REQUIREMENTS Amending a Permit Certification PART II Permit - Page 17 Permit No. COR-030000 The permittee shall inform the Division (Permits Section) in writing of changes to the information provided in the permit application, including the legal contact, the project legal description or map originally submitted with the application, or the planned total disturbed acreage. The permittee shall furnish the Division with any plans and specifications which the Division deems reasonably necessary to evaluate the effect on the discharge and receiving stream. If applicable, this notification may be accomplished through submittal of an application for a CDPS process water permit authorizing the discharge. The SWMP shall be updated and implemented prior to the changes (see Part I.D.S.c). Any discharge to the waters of the State from a point source other than specifically authorized by this permit or a different CDPS permit is prohibited. 2. Special Notifications - Definitions a) Spill: An unintentional release of solid or liquid material which may cause pollution of state waters. b) Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit discharge limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. Noncompliance Notification a) The permittee shall report the following instances of noncompliance: 1) Any noncompliance which may endanger health or the environment; 2) Any spill or discharge of hazardous substances or oil which may cause pollution of the waters of the state. 3) Any discharge of stormwater which may cause an exceedance of a water quality standard. b) For all instances of noncompliance based on environmental hazards and chemical spills and releases, all needed information must be provided orally to the Colorado Department of Public Health and Environment spill reporting line (24-hour number for environmental hazards and chemical spills and releases: 1=877-518-5608) within 24 hours from the time the permittee becomes aware of the circumstances. For all other instances of noncompliance as defined in this section, all needed information must be provided orally to the Water Quality Control Division within 24 hours from the time the permittee becomes aware of the circumstances. For all instances of noncompliance identified here, a written submission shall also be provided within 5 calendar days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of: 1) The noncompliance and its cause; 2) The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; 3) Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. PART II Permit - Page 18 Permit No. COR-030000 A. MANAGEMENT REQUIREMENTS (cont.) 4. Submission of Incorrect or Incomplete Information Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or report to the Division, or relevant new information becomes available, the permittee shall promptly submit the relevant application information which was not submitted or any additional information needed to correct any erroneous information previously submitted. 5. Bypass a) A bypass, which causes effluent limitations (i.e., requirements to implement BMPs in accordance with Parts I.B.3 and I.D.2 of the permit) to be exceeded is prohibited, and the Division may take enforcement action against a permittee for such a bypass, unless: 1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities (e.g., alternative BMPs), retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if the permittee could have installed adequate backup equipment (e.g., implemented additional BMPs) to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and 3) The permittee submitted notices as required in "Non -Compliance Notification," Part II.A.3. 6. Upsets a) Effect of an Upset: An upset constitutes an affirmative defense to an action brought for noncompliance with permit limitations and requirements if the requirements of paragraph b of this section are met. (No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review.) b) . Conditions Necessary for a Demonstration of Upset: A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: 1) An upset occurred and that the permittee can identify the specific cause(s) of the upset; 2) The permitted facility was at the time being properly operated; 3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and 4) The permittee complied with any remedial measures required under 40 CFR Section 122.41(d) of the federal regulations or Section 61.8(3)(h) of the Colorado Discharge Permit System Regulations. c) Burden of Proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Removed Substances Solids, sludges, or other pollutants removed in the course of treatment or control of discharges shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. Minimization of Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any terms and conditions specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. PART II Permit - Page 19 Permit No. COR-030000 A. MANAGEMENT REQUIREMENTS (cont.) 9. Reduction, Loss, or Failure of Stormwater Controls The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit requirements. Upon reduction, loss, or failure of any stormwater controls, the permittee shall, to the extent necessary to maintain compliance with its permit, control production, or remove all pollutant sources from exposure to stormwater, or both, until the stormwater controls are restored or an alternative method of treatment/control is provided. It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 10. Proper Operation and Maintenance The permittee.shall at all times properly operate and maintain all facilities and systems of treatment and control'(and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. B. RESPONSIBILITIES 1. Inspections and Right to Entry The permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator, and/or their authorized representative(s), upon the presentation of credentials: a) To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of this permit; b) At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and c) To enter upon the permittee's premises to investigate, within reason, any actual, suspected, or potential source of water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing permittee staff on alleged violations and other matters related to the permit, and access to any and all facilities or areas within the permittee's premises that may have any effect on the discharge, permit, or any.alleged violation. 2. Duty to Provide Information The permittee shall furnish to the Division, within the time frame specified by the Division, any information which the Division may request to determine whether cause exists for modifying, revoking and reissuing, or inactivating coverage under this permit, or to determine compliance with this permit. The permittee shall also.fumish to the Division, upon request, copies of records required to be kept by this permit. Transfer of Ownership or Control Certification under this permit may be transferred to a new permittee if: a) The current permittee notifies the Division in writing when the transfer is desired as outlined in Part I.A.7; and b) The notice. includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage and liability between them; and c) The current permittee has met all fee requirements of the Colorado Discharge Permit System Regulations, Section 61.15. PART II Permit - Page 20 Permit No. COR-030000 B. RESPONSIBILITIES (cont.) 4. Modification, Suspension, or Revocation of Permit By Division All permit modification, inactivation or revocation and reissuance actions shall be subject to the requirements of the Colorado Discharge Permit System Regulations, Sections 61.5(2), 61.5(3), 61.7 and 61.15, 5 C.C.R. 1002-61, except for minor modifications. a) This permit, and/or certification under this permit, may be modified, suspended, or revoked in whole or in part during its term for reasons determined by the Division including, but not limited to, the following: 1) Violation of any terms or conditions of the permit; 2) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment of terms or conditions of the permit;, 3) Materially false or inaccurate statements or information in the application for the permit; 4) Promulgation of toxic effluent standards or prohibitions (including any schedule of compliance specified in such effluent standard or prohibition) which are established under Section 307 of the Clean Water Act, where such a toxic pollutant is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit. b) This permit, and/or certification under this permit, may be modified in whole or in part due to a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as: 1) Promulgation of Water Quality Standards applicable to waters affected by the permitted discharge; or 2) Effluent limitations or other requirements applicable pursuant to the State Act or federal requirements; or 3) Control regulations promulgated; or 4) Other available information indicates a potential for violation of adopted Water Quality Standards or stream classifications. c) This permit, or certification under this permit, may be modified in whole or in part to include new effluent limitations and other appropriate permit conditions where data submitted pursuant to Part I indicate that such effluent limitations and permit conditions are necessary to ensure compliance with applicable water quality standards and protection of classified uses. d) At the request of the permittee, the Division may modify or inactivate certification under this permit if the following conditions are met: 1) In the case of inactivation, the permittee notifies the Division of its intent to inactivate the certification, and certifies that the site has been finally stabilized; 2) In the case of inactivation, the permittee has ceased any and all discharges to state waters and demonstrates to the Division there is no probability of further uncontrolled discharge(s) which may affect waters of the State. 3) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modification, amendment or inactivation; 4) Fee requirements of Section 61.15 of the Colorado Discharge Permit System Regulations have been met; and 5) Applicable requirements of public notice have been met. For small construction sites covered by a Qualifying Local Program, coverage under this permit is automatically terminated when a site has been finally stabilized. PART II Permit - Page 21 Permit No. COR-030000 B. RESPONSIBILITIES (cont.) 5. Permit Violations Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. Dischargers of stormwater associated with industrial activity, as defined in the EPA Stormwater Regulation (40 CFR 122.26(b)(14) and Section 61.3(2) of the Colorado Discharge Permit System Regulations, which do not obtain coverage under this or other Colorado general permits, or under an individual CDPS permit regulating industrial stormwater, will be in violation of the federal Clean Water Act and the Colorado Water Quality Control Act, 25-8-101, as amended. Failure to comply with CDPS permit requirements will also constitute a violation. 6. Leeal Responsibilities The issuance of this permit does not convey any property or water rights in either real or personal property, or stream flows, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority granted by Section 510 of the Clean Water Act. 7. Severability The provisions of this permit are severable. If any provisions of this permit, or the application of any provision of this permit to any circumstance, are held invalid, the application of such provision to other circumstances and the application of the remainder of this permit shall not be affected. 8. Renewal Application If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least ninety (90) days before this permit expires. If the permittee anticipates that there will be no discharge after the expiration date of this permit, the Division should be promptly notified so that it can inactivate the certification in accordance with Part II.B.4.d 9. Confidentiality Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Colorado Discharge Permit System Regulations, Section 61.5(4), all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division. The permittee must state what is confidential at the time of submittal. Any information relating to any secret process, method of manufacture or production, or sales or marketing data which has been declared confidential by the permittee, and which may be acquired, ascertained, or discovered, whether in any sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the Commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection of this section shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full disclosure of effluent data. 10. Fees The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended. PART II Permit - Page 22 Permit No. COR-030000 B. RESPONSIBILITIES (cont.) 11. Requiring an Individual CDPS Permit The Director may require the permittee to apply for and obtain an individual or alternate general CDPS permit if. a) The discharger is not in compliance with the conditions of this general permit; b) Conditions or standards have changed so that the discharge no longer qualifies for a general permit; or c) Data/information become available which indicate water quality standards may be violated. The permittee must be notified in writing that an application for an individual or alternate general CDPS permit is required. When an individual or alternate general CDPS permit is issued to an operator otherwise covered under this general permit, the applicability of this general permit to that operator is automatically inactivated upon the effective date of the individual or alternate general CDPS permit. The unit price for this item shall include supplying. placing. and compacting aggregate base course in accordance with the Drawings and Specifications or as otherwise directed by the ENGLNTEER. Measurement and payment for this item will be by the TON of actual tonnage placed. complete at proper moisture. The method to bring mixture to optimum moisture will not be measured or paid for separately_ but sliall be included in the unit price for this item. Bid Item 9 — 5" Colored Concrete Paving Contractor shall Punish all labor, materials and equipment to install concrete paving in accordance with the Drawings and Specifications. The unit price per square foot includes sub -grade preparation. installation of 5" thick concrete.(4.000 psi) with fiber mesh reinforcement. and integral color additive equaling 2 lbs. per sack of Yosemite Brown color, forming; flunishing and applying curing compounds: fnishitrg and edging the concrete surfaces; joints and joint materials: and all other related and necessary materials, work, and equipment required to construct the flahvork areas inraccordance with the Drawings and Specifications. Item will also include wet setting (15) 18"xl8"x3/4" Granite Art Pavers in concrete paving provided by the City with placement location from Owners Representative. Bid Item 10 — 5" Concrete Paving Contractor shall fiunish all labor. materials and equipment to install concrete paving in accordance with the Drawings mid Specifications. The unit price per square foot includes sub -grade preparation, installation of 5" thick concrete (4,000 psi) with fiber mesh reinforcement. fonning: furnishing and applying curing compounds: finishing and edging the concrete surfaces: joints and joint materials; and all other related and necessary materials, work, and equipment required to construct the flanvork areas in accordance with the Drawings and Specifications. Bid Item 11 - 36" RCP Culvert — (C.I.P.) Contractor shall fwnish all labor, materials and equipment to install 36" RCP under the proposed 10' wail per City of Fort Collins standard and specification in the location shown on the drawing. Bid Item 12 - 36" RCP Culvert - F.E.S. (C.I.P.) Contractor sliall fiuirish all labor. materials and equipment to install 36" RCP flared end section tinder the proposed 10' trail per City of Fort Collins standard and specification in the location shown on the drawing. Bid Item 13 — 65 Foot Pedestrian Prefabricated Bridge Contractor sliall furnish all labor. materials and equipment to install a 10' wide by 65' long pedestrian bridge in accordance to the dtawinngs and specifications. Bid Item 14 — Pedestrian Bridge Abutment w/ Helix pier system Contractor shall furnish all labor, materials and equipment to construct a helical pier bridge abutment for the pedestrian bridge in accordance to the drawings and specifications. Bid Item 15 — Landscape Restoration Contractor shall provide all labor and equipment to back -fill concrete nail; distribute topsoil and fine grade disturbed areas for preparation of seeding operations. This item includes removing any debris and or rocks larger than 1 '/" from seed preparation area. Bid Item 16 — Drill Seedina w/ Hydro -Mulch Contractor sliall provide all soil preparation: fine grading: fertilizer; herbicide: seed: labor: hydro -mulching and equipment to seed native grass areas. END OF SECTION END OF DIVISION 1 City of Fort Collins Section 01800 - Definition of Bid Items Park Planning & Development Division Page 2 of 2 APPENDIX B COMPLETED GENERAL PERMIT APPLICATION STATE OF COLORADO Bill Ritter, Jr., Governor James B. Martin, Executive Director oF' cow Dedicated to protecting and improving the health and environment of the people of Colorado `O 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 rave TDD Line (303) 691-7700 Colorado Department Located in Glendale, Colorado of Public Health hilp://www.cdphe.state.co.us and Environment For Agency Use Only Permit Number Assigned COR03- Date Received Month Day Year STORMWATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITIES APPLICATION Please print or type. Original ink signatures are required. This application must be considered complete by the Division before it will initiate permit processing. The Division will notify the applicant if additional information is needed to complete the application. If more space is required to answer any question, please attach additional sheets to the application form. Applications must be mailed or delivered to: Colorado Department of Public Health and Environment Water Quality Control Division 4300 Cherry Creek Drive South WQCD-P-82 Denver, Colorado 80246-1530 FAXES AND PDF COPIES WILL NOT BE ACCEPTED. PERMIT INFORMATION Applicant is: ❑ Property Owner ❑Contractor/Operator 1. CONTACT INFORMATION ➢ Permit Applicant Company Name: Legally Responsible Person: First Name: Last Name - Title: Mailing Address: City, State and Zip Code: Phone: Email Address: ➢ Local Facility Contact ❑ Same as Applicant Local Contact Person: First Name: Last Name: Title: Phone: Email Address: ➢ Billing Contact ❑ Same as Applicant Company Name Billing Contact Person: First Name: Last Name: ' Title: Mailing Address: City, State and Zip Code: Phone: Email Address: Page 1 of 3 Revised 7/2009 Water Quality Control Division — Stormwater www.coloradowaterpermits.com 2. PERMITTED FACILITY INFORMATION Name of Plan, Project or Development: Location of construction site: Power Trail Street Address (or cross streets): Keenland Drive to Trilby Road City (if unincorporated, so indicate): Fort Collins State and Zip Code: Colorado 80525 Larimer Latitude and Longitude (approximate center of site to nearest 15 seconds using one of following formats): Latitude: 40 30' 16" N Longitude: 105 02' 58" W 9� (e.g., 39°42'11", 104°55'57") degrees /minutes/ seconds degrees/ minutes/ seconds OR Latitude: degrees (to 3 decimal places) Longitude: (e.g., 39.703°, 104.933') degrees (to 3 decimal places) 3. MAP (Attachment) Map: Attach a map that indicates the site location and that CLEARLY shows the boundaries of the area that will be disturbed. Maps must be no larger than 11x17 inches. 4. LEGAL DESCRIPTION Legal description: If subdivided, provide the legal description below, or indicate that it is not applicable (do not supply Township/Range/Section or metes and bounds description of site) Subdivision(s): OR ID Not applicable (site has not been subdivided) 5. AREA OF CONSTRUCTION SITE Total area of project site (acres): 6.4 Area of project site to undergo disturbance (acres): 6.4 Lot(s): Total disturbed area of Larger Common Plan of Development or Sale, if applicable: (i.e., total, including all phases, filings, lots, and infrastructure not covered by this application) Block(s): 6. NATURE OF CONSTRUCTION ACTIVITY Check the appropriate box(s) or provide a brief description that indicates the general nature of the construction activities. (The full description of activities must be included in the Stormwater Management Plan.) ❑ Single Family Residential Development ❑ Multi -Family Residential Development Commercial Development El Oil and Gas Production and/or Exploration (including pad sites and associated infrastructure) ❑ Highway/Road Development Lt including roadways associated with commercial or residential development) 0 Other, Describe: Multi -use concrete trail 7. ANTICIPATED CONSTRUCTION SCHEDULE Construction Start Date: Final Stabilization Date: Page 2 of 3 Revised 7/2009 Water Quality Control Division — Stormwater www.coloradowaterpermits.com 8. RECEIVING WATERS (If discharge is to a ditch or storm sewer, include the name of the ultimate receiving waters) Immediate Receiving Water(s): Ultimate Receiving Water(s): 9. REQUIRED SIGNATURES (Both parts i. and ii. must be signed) STOP! A Stormwater Management Plan must be completed prior to signing the following certifications! I. Stormwater Management Plan Certification "I certify under penalty of law that a complete Stormwater Management Plan, as described in Appendix A of this application, has been prepared for my activity. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the Stormwater Management Plan is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for falsely certifying the completion of said SWMP, including the possibility of fine and imprisonment for knowing violations." Signature of Legally Responsible Person (submission must include original ink signature) Date Signed Name (printed) ii. Signature of Permit Legal Contact Title "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attachments and that, based,on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine or imprisonment. "I understand that submittal of this application is for coverage under the State of Colorado General Permit for Stormwater Discharges Associated with Construction Activity for the entirety of the construction site/project described and applied for, until such time as the application is amended or the certification is transferred, inactivated, or expired." Signature of Legally Responsible Person (submission must include original ink signature) Date Signed Name (printed Title DO NOT INCLUDE A COPY OF THE STORMWATER MANAGEMENT PLAN DO NOT INCLUDE PAYMENT — AN INVOICE WILL BE SENT AFTER THE CERTIFICATION IS ISSUED. Page 3 of 3 Revised 7/2009 HARMONY ROAD 1pO KEENLAND o y DRIVE W Z W F m zLU z a N a W C9 v SOUTHRIDGE cn FOSSIL GOLF CLUB CREEK PARK POWER TRAIL E TRILBY ROAD Hl LOCATION MAP SCALE: NTS APPENDIX C SITE MAPS ar�.ur co«cm, / /L — mxwErt m.. cwe.. uxw I ...rs v o-s rnl 60lrtHpIDGE GREENSBLVD. 2(d) 25 0 50 100 LEGEND O O O rmamn O C4L Ti�Liiv rv01FiC/.o CEff TER Q C0.gtl�p0 811 Cliy n( POWER TRAIL NEENLAND OR. — TRILBY RD. EROSION CONTROL PLAN L �090, --------- — ---------------- --=wn�� ---------- fa(rp�-----------_------------------ ------------ - - - - - - - - - o.-7- - - - - - - - - - �ruu�l ---------------,-„aa-l--- - -.o.r-]------------.----- 0 ' �`t�rol m 2e 20 0 Scnl£: I 20' c.e.,a Po LEGEND 0 .w 0 c ccP- OF cao — 811 Pe.ie�nn/aw dole City or POWER TRAIL KEENLAND DR. - TRILBY RD. EROSION CONTROL PLAN m 09/01/09 2 �- .50, Z V I y� ids BOUTNpIDGEGREENSBLVD. z� 25 o50 W SCnIE.I . 50• i r - I�nwmwaco 0: ,.0 urc rto I• `• I � eel. city N POWER TRAIL KEENLAND DR. — TRILBY RD. BLANK SITE MAP 1011 SWMP r 09/01/09 1 s 1'.50' -- - ---- `�--- -- - . -11 -cz ww --- __—_— -- --- — - ______=--1-------- p1e j--------=---------- ------------ ------=W,Qp 1^�=--------. L- l------------------------------ — — — — — — — — — — — a, - — — — — — — — — — — — — � �\ ---- — — --- sva,wml ----------------------- -� 2� o zo no scn em zo K, 1 wr u �,, �o« �,11L1111111 . City of POWER TRAIL KEENLAND DR. - TRILBY RD. BUNK SITE MAP FOR SWMP r. 09/01/09 2 Y 1'-50' City of Fort Collins Pumhasin9 ADDENDUM No. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Bid Number: 7078 - Power Trail Keenland Drive to Trilby Road OPENING DATE: October 15, 2009 — 3:00pm. (Our Clock) Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing To all prospective bidders under the specification and contract documents described above, the following changes are hereby made. GENERAL CLARIFICATION 1. Sheet 6, S1, under the General Notes: 4. Helix Piers. It specifies that the helix pier manufacturer be Magnum Piering, Inc or equivalent to be installed. Equivalent helix piers will have to be approved by CTL Thompson's Structural Engineer. It is not required to have a certified installer for the helix piers. Inspection will be performed by a Geotechnical Engineer and that service is provided by the City of Fort Collins, along with all other geotechnical testing. 2. Bid Item # 5 is to be bid with 8,237 L.F. of Temporary Fencing as described in the Definition of Bid Items, but will remain as 1 Lump Sum Unit Price. The location of the limits of disturbance is shown on the plan sheets 50-51 which is included in the Stormwater Management Plan for Power Trail City of Fort Collins, Colorado pdf, attached to this Addendum. 3. The City will sit down and go over the application for the Stormwater Management Plan for Power Trail with the General Contractor prior to issuing Notice to Proceed. The Stormwater Management Plan for Power Trail will need to be applied to the State of Colorado by the general contractor and will then be re -assigned to the City of Fort Collins once the project has met Final Completion. The City will then monitor and maintain the BMP's that need to remain in place for a 70% establishment rate. ATTACHMENTS 1. Stormwater Management Plan for Power Trail City of Fort Collins, Colorado - Dated 9/3/09 (103 sheets) Please contact John Stephen, Senior Buyer, CPPO at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. . APPENDIX D CONSTRUCTION PHASING SCHEDULE APPENDIX E DISTURBANCE TALLY DISTURBED AREA AND STABILIZED AREA TALLY Power Trail -- Stabilized Area Date Construction Activity Description Disturbed Area Temporary Permanent Total Area APPENDIX F INSPECTION REPORTS (SAMPLES PROVIDED) Appendix B: Sample Inspection Report Instructions This sample inspection report has been developed as a helpful tool to aid you in completing your site inspections. This sample inspection report was created consistent with EPA's Developing Your Stormwater Pollution Prevention Plan. You can find both the guide and the sample inspection report (formatted in Microsoft Word) at www.epa.gov/npdes/swpppguide This inspection report is provided in Microsoft Word format to allow you to easily customize it for your use and the conditions at your site. You should also customize this form to help you meet the requirements in your construction general permit related to inspections. If your permitting authority provides you with an inspection report, please use that form. For more information on inspections, please see Developing Your Stormwater Pollution Plan Chapters 6 and 8. Using the Inspection Report This, inspection report is designed to be customized according to the BMPs and conditions at your site. For ease of use, you should take a copy of your site plan and number all of the stormwater BMPs and areas of your site that will be inspected. A brief description of the BMP or area should then be listed, in the site -specific section of the inspection report. For example, specific structural BMPs such as construction site entrances, sediment ponds, or specific areas with silt fence (e.g., silt fence along Main Street; silt fence along slope in NW corner, etc.) should be numbered and listed. You should also number specific non-structural BMPs or areas that will be inspected (such as trash areas, material storage areas, temporary sanitary waste areas, etc). You can complete the items in the "General Information" section that will remain constant, such as the project name, NPDES tracking number, and inspector (if you only use one inspector). Print out multiple copies of this customized inspection report to use during your inspections. When conducting the inspection, walk the site byTfollowing your site map and numbered BMPs/areas for inspection. Also note whether the overall site issues have been addressed (customize this list according to the conditions at your site). Note any required corrective actions and the date and responsible person for the correction in the Corrective Action Log. EPA SWPPP Inspection Report, Version 1.1, September 17, 2007 Stormwater Construction Site Inspection Report ,�t�{ x "ip _'., _ ^'t t3'.. k' i` .1St�c 4 S.c• .n v 6 r, y .,.,, ryT - �. x,..,re�S v„ 5 ,r �`' _ ;� n �,. .w�., F x. � �, � Yc.. � . •.�^ eta -?�. :.-f .�-: Project Name NPDES Tracking No. Location Date of Inspection Start/End Time Inspector's Name(s) Inspector's Title(s) Inspector's Contact Information Inspector's Qualifications Insert qualifications or add reterence to the SWPPP. (See Section 5 of the SWPPP Template) Describe present phase of construction Type of Inspection: ❑ Regular ❑ Pre -storm event ❑ During storm event ❑ Post -storm event Has there been a storm event since the last inspection? ❑Yes ❑No If yes, provide: Storm Start Date & Time: Storm Duration (hrs): Approximate Amount of Precipitation (in): Weather at time of this inspection? ❑ Clear ❑Cloudy ❑ Rain ❑ Sleet ❑ Fog ❑ Snowing ❑ High Winds ❑ Other: Temperature: Have any discharges occurred since the last inspection? ❑Yes ❑No If yes, describe: Are there any discharges at the time of inspection? ❑Yes ❑No If yes, describe: Site -specific BMPs • Number the structural and non-structural BMPs identified in your SWPPP on your site map and list them below (add as many BMPs as necessary). Carry a copy of the numbered site map with you during your inspections. This list will ensure that you are inspecting all required BMPs at your site. • Describe corrective actions initiated, date completed, and note the person that completed the work in the Corrective Action Log. x BMP F� r BMP BMP t Correct�veAchon Needed and Notes ��'�-�£ Maintenance `� ��,� � � { "-� �•}�� =x'�,+, �� �">}Y�'LSTG i�A •Re aired. 7?>Y ,i£ m *A ':'.'.6 7 �ci=�`.3tF:,i: _ � .� .�. �,.�;�� ��-"' �.St r.� s.� .C�4.'xc�tn }�,:�'Y ,... I ❑Yes ❑No ❑Yes ❑No 2 ❑Yes ❑No ❑Yes ❑No 3 ❑Yes ❑No ❑Yes ❑No 4 ❑Yes ❑No ❑Yes ❑No 5 ❑Yes ❑No ❑Yes ❑No 6 ❑Yes ❑No ❑Yes ❑No 7 ❑Yes ❑No ❑Yes ❑No 8 ❑Yes ❑No ❑Yes ❑No 9 ❑Yes ❑No ❑Yes ❑No 10 ❑Yes ❑No ❑Yes ❑No 11 ❑Yes ❑No ❑Yes LINO EPA SWPPP Inspection Report, Version 1.1, September 17, 2007 2 "}'"i•9S and Notes�N. yy S K __rF .'' 7`L� 3 "J' ld f -'f 7 4 Xx S ;fit: t sfV-,,t �'r "''a S st t %. 2'�. f� �� `%r} �' "ft 2.1 � k ,� F `tT-if�X'/ *. 11 •. f:.' Jt � *1 F $�+ � '� r .,r+. '•y r' "`", z+F itt'L �,.y"7 13v, 1R� 12 ❑Yes LINO ❑Yes ONO 13 ❑Yes LINO ❑Yes ❑No 14 ❑Yes ❑No ❑Yes LINO 15 ❑Yes ❑No ❑Yes ❑No 16 ❑Yes LINO ❑Yes LINO 17 ❑Yes LINO ❑Yes ❑No 18 ❑Yes ❑No ❑Yes LINO 19 ❑Yes ❑No ❑Yes ❑No 20 ❑Yes LINO ❑Yes LINO Overall Site Issues Below are some general site issues that should be assessed during inspections. Customize this list as needed for conditions at your site. ?� BMP/achv�ty�e 1 Implemented?,fi }. MaintenanceCorrect�ve n Achon`Needed and Notesr, ` �iS F. . ��`� F th 1 `� ,,g z... ,fir} .�' ''';r �` m Y' # 'n,:_-s t d,✓ l '',E't� r t x } "X ,�.•�,...,h .F „-.5 .�_.�,.�r_., : � P....,, a_,:�.. '.��..�,..�;,�. 4Re cored.-r �4S F.. ; ,. ,.5, ..� sr �:� I Are all slopes and ❑Yes ❑No ❑Yes ONO disturbed areas not actively being worked properlystabilized? 2 Are natural resource ❑Yes LINO ❑Yes ❑No areas (e.g., streams, wetlands, mature trees, etc.) protected with barriers or similar BMPs? 3 Are perimeter controls ❑Yes ❑No ❑Yes LINO and sediment barriers adequately installed (keyed into substrate) and maintained? 4 Are discharge points and ❑Yes ❑No ❑Yes LINO receiving waters free of any sediment deposits? 5 Are storm drain inlets ❑Yes LINO ❑Yes LINO properly protected? 6 Is the construction exit ❑Yes ❑No ❑Yes ❑No preventing sediment from being tracked into the street? 7 Is trash/litter from work ❑Yes ❑No ❑Yes LINO areas collected and placed in covered dumpsters? 8 Are washout facilities ❑Yes LINO ❑Yes ❑No (e.g., paint, stucco, concrete) available, clearly marked, and maintained? EPA SWPPP Inspection Report, Version 1.1, September 17, 2007 BMP/activit ` ` r s Im lemented�'��f p Maiantenance Corrective Achon�Needed and Notes 4 7 ?iyr r, 4x f f s K 9 Are vehicle and ❑Yes ❑No ❑Yes ❑No equipment fueling, cleaning, and maintenance areas free of spills, leaks, or any other deleterious material? 10 Are materials that are ❑Yes ❑No ❑Yes ❑No potential stormwater contaminants stored inside or under cover? 11 Are non-stormwater ❑Yes ❑No ❑Yes ❑No discharges (e.g., wash water, dewatering) properly controlled? 12 (Other) ❑Yes ❑No ❑Yes ❑No Describe any incidents of non-compliance not described above: CERTIFICATION STATEMENT "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in. accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Print name and title: Signature: EPA SWPPP Inspection Report, Version 1.1, September 17, 2007 4 ESCIL Form Prepared 5 May 2003 Revised: July 13, 2006 ESCIL No. CITY OF LOVELAND EROSION AND SEDIMENT CONTROL INSPECTION LIST (ESCIL) The Contractor or Agent shall inspect all BMPs at a minimum once every two (2) weeks and after each Significant Storm Event'. Fax or E-mail completed (ESCIL) to the attention of City Field Engineering Supervisor: Dave DeBaere Fax #: (970) 962-2908 ; E-mail: debaed(d)ci.loveland.co.us Subdivision, Project or Site Name: ;Address: Inspection Date: Time: ❑ a.m. ❑ p.m. Temp: ° F. Weather Conditions (rain, snow, cloudy, windy, etc.): Reason for Inspection (check one): ❑ Water Running Across Site ❑ Complaint ❑ Other (describe below) ❑ High Winds ❑ Routine City of,Loveland Stormwater Quality Permit No.: CDPHE Discharge Permit No.: COR-03 Construction Activities Construction Sequence No. Type of Activity Today Planned for this Week Planned for Next Week 1 Grading 2 Excavation 3 Utility Construction 4 Foundations 5 Structural Work 6 Asphalt Paving 7 Landscaping Erosion & Sediment Control Measures No. BMPs Practice Used To Be Constructed Requires Maintenance Needs Replacement (Not Functional) Comments (If needed, use Page 2 for additional comments and notes) Yes No Yes No Yes No 1 Check Dams Dikes 2 Concrete Washout 3 Diversion Swale Berm 4 Erosion Control Blankets 5 Good Housekeeping 6 Inlet Protection 7 Material/Equipment Storage 8 Outfall Protection 9 Sediment Trap/Basin 10 Seed/Crimp/Mulch/Sod 11 Silt Fence 12 Slope Protection Terracing 13 Staging Area 14 Street Sweeping 15 Surface Roughening 16 Vehicle Tracking Control Pad 17 Wattles 18 Other 19 Other Inspector (Signature) (Printed) Agency: Date: i Significant Storm Event -'Any storm event, including but not limited to rain or snowmelt, which results in water and/or sediment being transported across the site. City of Loveland — Erosion and Sediment Control Inspection Checklist (ESCIL) Page 1 ESCIL Form Prepared 5 May 2003 ESCIL No. Revised: July 13, 2006 Additional Comments & Notes (Cont. from Page 1): 11 Required Compliance Action: 11 City of Loveland — Erosion and Sediment Control Inspection Checklist (ESCIL) Page 2 STORMWATER MANAGEMENT PLAN FOR Power Trail City of Fort Collins, Colorado City of Fort Collins Park Planning and Development 215 N Mason Street Fort Collins, Colorado 80524 September 3, 2009 APPENDIX G CONTRACTOR FORMS / CERTIFICATIONS APPENDIX H BMP DETAILS PROVIDE OUTLET PROTECTION AS SHOWN ON THE PLANS �_ uW _ EARTH BERM OR SILT FENCE BERM IL� 4'-6" DIVERSION BERM —,I 6" MIN. PIPE \ \ \ \ \ \ FLExEI IBLA. PIPE , \\ SECTION PROVIDE OUTLET PROTECTION AS SHOWN ON THE PLANS EARTH BERM TEMPORARY SLOPE DRAIN ROADWAY OR TOP OF SLOPE 2' MIN. BERN 6" MIN. f �\\\\ DESIGN FLOW DEPTH /\1\j�///\/�\//\/%\/�\\\/' WATER SURFACE DIVERSION DAM Initials: LTA Changed Class B to Class 3 upporl/ ® 07/09/09 for G olextile Erosion Control. Colorado Deportment of Transportation 4201 East Arkansas Avenue 10T Denver, Colorado 80222 Phone:(303) 757-9083 ,i Fax:(303) 757-9820 Project Development Branch DD/LTA POINT C POINT C POINT A POINT A � POINT 8 6" MIN. 24" MIN. POINTS A SHALL BE HIGHER THAN POINT B AND BELOW POINT C TYPICAL SECTION VIEW. fl OR DITCH L = VARIES L •\�\`/. a 22 MUM SLOP GEOTE%TILE \��\\.\ ° ° FLOW EROSION CONTROL -' //•\/\\ _� (CLASS 3) SECTION VIEW ALONG DITCH FLOWLINE RIPRAP 6" MIN. COVER OVER GEOTE%TILE 27 pR FLOW F(AJrt,R 24" CREST HEIGHT t. DITCH T6" MIN, SUBE%CAVATE GEOTE%TILE I BELOW FLOWLINE EROSION CONTROL (CLASS 3) SECTION DETAIL CHECK DAM FOR EROSION CONTROL NOTES: 1. RIPRAP SIZE 0550 = 6 IN. OR AS SHOWN ON THE PLANS. 2. THE ENDS OF RIPRAP CHECK DAM SHALL BE A MINIMUM OF 6 IN. HIGHER THAN CENTER OF CHECK DAM. 3. SEDIMENT SHALL BE REMOVED WHEN THE DEPTH UPSTREAM FROM CHECK DAM IS % THE CREST HEIGHT. 4, CHECK DAMS MAY BE TEMPORARY OR PERMANENT AS SHOWN ON THE PLANS, TEMPORARY EROSION CONTROL Issued By: Project Development Branch on July 04, 2006 STANDARD PLAN NO. M-208-1 Sheet No. 4 of 7 EXISTING PAVEMENT � _— A COARSE AGGREGATE 3" OR SMALLER EXISTING C • GROUND 12' MIN. A NA to - PLAN VIEW SHALL EXTEND FULL WIDTH OF INGRESS AND EGRESS OPERATION. EXISTING 70'MIN. -{ GROUND 6" I MIN. I EXISTING GEOTE%TILE PAVEMENT (EROSION CONTROL) (DEPTH VARIES) ELEVATION SECTION 126"'MIN, E%ISTING GROUND MIN. GEOTE%TILE (EROSION CONTROL) SECTION A -A STABILIZED CONSTRUCTION ENTRANCE NOTE: THE CONTRACTOR SHALL PROTECT ANY CURB AND GUTTER THAT CROSSES THE ENTRANCE. PROTECTION OF THE CURB AND GUTTER WILL NOT BE PAID FOR SEPARATELY, BUT SHALL BE INCLUDED IN THE WORK. Creation Date: 07/04/06 Initials: Last Modification Date: 07/09/09 Initials: CAD Ver : MicroStation V8 Scale: Not to Scale Units: Sheet B TEMPORARY RIPRAP OUTLET STRUCTURE ✓:'�i�i' GPGG�i� H�i✓i'�iGGO�G 'rG✓iG �A I NOTE:SEE PLAN SHEETS FOR THE FOLLOWING: RIPRAP SIZE . DEPTH (DI AND D2) LENGTH (U WIDTH (W) DITCH TYPE, SIZE AND LOCATION PLAN VIEW Qj REMOVE ACCUMULATED SEDIMENT WHEN IT REACHES ONE HALF OF STRUCTURE HEIGHT. INSPECTION SHALL BE PERFORMED CONTINUOUSLY FOR PROPER FUNCTION. LIMIT OF BERM r—PF—PF PF—PF—PF FENCE iI-- (PLASTIC) 9'MIN. T 4' IN. D . 15'MIN, EXCAVATED AND O CONTAINMENT AREA (— F RAMP 4 TRUCK ACCESS PLAN VIEW SIGN CONCRETE 18 ,24" MIN. WASHOUT FENCE SPILLWAY 2:1 (TYP.) 21" MIN. TOP OF DITCH SLOPE FiOW -l- 5'MIN. EXCAVATED AREA NORMAL E%ISTING GROUND �f� 2:1 (TYP.) 2 FT. T FLOW LINE D2 - - - — GE TEXTILE EROSION CONTROL DI ZERO GRADIENT LI SLOPE (TYP.) 3'MIN. (CLASS 3) 4 CROSS SECTION B-8 MAXIMUM STORAGE (2/3 OF VOLUME AREA) IOP ELEVATION OF 24" 24" STRUCTURE SHALL BE SET IN FIELD AS DIRECTED 8' gE 12" THE ENGINEER VARIESSPILLWAY24�� SLOPES VARY I:1 SLOPE (TYP.) GEOTE%TIL EROSION CONTROL 12" (CLASS 3) SECTION C-C SEDIMENT TRAP/DEWATERING STRUCTURE NOTE: THE RIPRAP AND GEOTEXTILE ARE INCLUDED IN THE COST OF THE BID ITEM. LTAl = I I Added Note 1 an4 07/09/09 A the Sectiand on detail. Colorado Deportment of Transportation )i)T, 4201 East Arkansas Avenue Denver, Colorado 80222 Phone:(303) 757-9083 a'R�.7mara, FOz: (303) 757-9820 Project Development Branch DD/LTA SECTION D-D CONCRETE WASHOUT STRUCTURE NOTES: 1. SIGN MATERIAL, EXCAVATION, AND RESTORATION ARE INCLUDED IN THE COST OF THE CONCRETE WASHOUT STRUCTURE. 2. EROSION BALES MAY BE USED AS AN ALTERNATIVE FOR THE BERM. 3. A FENCE (PLASTIC) CONFORMING TO SUBSECTION 607.02 SHALL BE INSTALLED AROUND THE CONCRETE WASHOUT AREA,E%CEPT AT THE OPENING. 4. THE CONCRETE WASHOUT SIGN SHALL HAVE LETTERS AT LEAST 3 IN. HIGH AND CONFORM TO SUBSECTION 630.02. TEMPORARY STANDARD PLAN NO. EROSION CONTROL M-208-1 Issued By: Project Development Branch on July O4, 2006 Sheet No. 5 of 7 STEEL OR — WOOD POST R FABRIC ,H SECURELY TO COMPACTED BACK FILL RUNOFF SECTION VIEW GENERAL NOTES: 1. THE MAXIMUM TRIBUTARY AREA IS LIMITED TO 0.25 ACRES PER 100 FEET OF FENCE. 2.INSPECT AND REPAIR FENCE AFTER EACH STORM EVENT. REMOVE SEDIMENT WHEN ONE HALF THE HEIGHT OF THE FENCE HAS BEEN FILLED. REMOVED SEDIMENT SHALL BE DEPOSITED IN AN AREA TRIBUTARY TO A SEDIMENT BASIN OR OTHER FILTERING MEASURE. SILT FENCE APPROXIMATELY 4 IN, X 4 IN. TRENCH CITY OF FORT COLLINS STORMWATER APPROVED: DETAIL city of Forl Collins UTILITIES CONSTRUCTION. DETAILS DATE: 12/27/00 �:]D - 2 g DRAWN BY: NBJ 1/2"-3/4" FILTER LAYER 1 1/2"-3" ROCK EROSION CONTROL GENERAL NOTES: INSPECT AND REPAIR GRAVEL FILTERS AFTER EACH STORM EVENT. REMOVE SEDIMENT WHEN ONE HALF OF THE FILTER DEPTH.HAS BEEN FILLED. REMOVED SEDIMENT SHALL BE DEPOSITED IN AN AREA TRIBUTARY TO A SEDIMENT BASIN OR OTHER FILTERING MEASURE. 2. EROSION CONTROL MAINTENANCE IS THE RESPONSIBILITY OF THE DEVELOPER. APPENDIX I CDPHE FORMS BLANK INACTIVATION NOTICE BLANK NOTICE OF TRANSFER BLANK NOTICE OF REASSIGNMENT BLANK NOTICE OF AMENDMEN STATE OF COLORADO Bill Ritter, Jr., Governor James B. Martin, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Services Division Denver, Colorado 80246.1530 8100 Lowry Blvd. Phone (303) 692-2000 Denver, Colorado 80230-6928 TDD Line (303) 691-7700 (303) 692-3090 Located in Glendale, Colorado http://www.cdphe.state.co.us Colorado Water Quality Control Division Notice of Termination Construction Stormwater Inactivation Notice www.coloradowaterpermits.com Colorado Department of Public Health and Environment Print or type all information. All items must be filled out completely and correctly. If the form is not complete, it will be returned. All permit terminations dates are effective on the date approved by the Division. MAIL ORIGINAL FORM WITH INK SIGNATURES TO THE FOLLOWING ADDRESS: Colorado Dept of Public Health and Environment Water Quality Control Division 4300 Cherry Creek Dr South, WQCD-P-B2 Denver, CO 80246-1530 FAXED OR EMAILED FORMS WILL NOT BE ACCEPTED. • PART A. IDENTIFICATION OF PERMIT Please write the permit certification number to be terminated Permit Certification Number (four digits, not "0000"): COR03 _ _ _ _ • PART B. PERMITTEE INFORMATION Company Name Mailing Address City Legal Contact Name Title • PART C. FACILITY/PROJECT INFORMATION Facility/Project Name Location (address) City Local Contact Name State Phone number Email County Phone number Title Email Zip code Zip code . Page 1 of 2 form last revised July 2009 COLORADO WATER QUALITY CONTROL DIVISION NOTICE OF TERMINATION www.coloradowaterpermits.com • PART D. TERMINATION VALIDATION CRITERIA One of the criteria (1 or 2) below must be met, the appropriate box checked, and the required additional information provided. Part E includes a certification that the criteria indicated has been met. ❑ 1: Finally Stabilized or Construction Not Started - The permitted activities covered under the certification listed in Part A meet the requirements for FINAL STABILIZATION in accordance with the permit, the Stormwater Management Plan, and as described below. This criterion should also be selected if construction was never started and no land was disturbed, and an explanation of this condition provided in the description below. Final stabilization is reached when: all ground surface disturbing activities at the site have been completed including removal of all temporary erosion and sediment control measure, and uniform vegetative cover has been established with an individual plant density of at least 70 percent of predisturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. REQUIRED for Criteria 1- Describe the methods used to meet the final stabilization c described above: Include an attachment if additional soace is reauirPd M ❑ 2: Separate Permit Coverage or Full Reassignment - All ongoing construction activities, including all disturbed areas, covered under the permit certification listed in Part A have coverage under a separate CDPS stormwater construction permit, including the permit certification issued when Division's Reassignment Form was used by the permittee to reassign all areas/activities. REQUIRED for Criteria 2 — Provide the permit certification number covering the ongoing activities: COR03 One of the two criteria above MUST BE CHECKED and the required information for that criterion provided, STOP! or this form will not be processed and the permit will remain active. • PART E. CERTIFICATION SIGNATURE (Required for all Termination Requests) I understand that by submitting this notice of inactivation, I am no longer authorized to discharge stormwater associated with construction activity by the general permit. I understand that discharging pollutants in stormwater associated with construction activities to the waters of the State of Colorado, where such discharges are not authorized by a CDPS permit,_ is unlawful under the Colorado Water Quality Control Act and the Clean Water Act. I certify under penalty of law that I have personally examined and am familiar with the information submitted herein, and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. (See 18 U.S.0 1001 and 33 U.S.C. 1319.) I also certify that I am a duly authorized representative of the permittee named in Part B. Signature of Legally Responsible Party Name (printed) Date Signed Title Signatory requirements: This form shall be signed, dated, and certified for accuracy by the permittee in accordance with the following criteria: 1. In the case of a corporation, by a principal executive officer of at least the level of vice-president, or his or her duly authorized representative, if such representative is responsible for the overall operation of the operation from which the discharge described herein originates; 2. In the case of a partnership, by a general partner; 3. In the case of a sole proprietorship, by the proprietor; 4. In the case of a municipal, state, or other public operation, by wither a principal executive officer, ranking elected official, or other duly authorized employee. Page 2 of 2 form last revised July 2009 STATE OF COLOFADC For Agency Use Only Bill Ritter, Jr., Governor James B. Martin, Executive Director to orotectina and imorovine the health and environment of the oeoole of ColoradoCOLORADO DEPARTMENT OF PUBLICHEALTH ID- AND ENVIRONMENT WaterDedicated Quality Control Division Colorado Department 4300 Cherry Creek Drive South B2 Permits of Public Health Denver, Colorado 80246-1530 and Environment Date Received Complete Paid Effective Date APPLICATION FOR TRANSFER OF OWNERSHIP FOR ALL PERMITS, CERTIFICATIONS, AND AUTHORIZATIONS TO BE COMPLETED BY NEW PERMITTEE: I hereby apply for a transfer of ownership of this Colorado Discharge Perm it/Certification/Authorization Number which was issued to (permittee listed on page 2, Part 2) 1 have reviewed the terms and conditions of this permit and accept responsibilities, coverage and liability (including Stormwater Management Plan where applicable). If all information is correct, form is complete, and transfer approved, I request this transfer to be effective on '* For the transfer to be approved all of the following requirements must be met: ❑ 1. BOTH parties complete and sign this form - pages 1 and 2 ❑ 2. ORIGINAL Form mailed to Division For the Transfer to be effective on the date (**) indicated above (which may be the date the facility changes hands), this form must be mailed in 30 Days prior that date, otherwise, the transfer will be effective on the date it is issued by the Division. Copies, PDF versions, and Faxes will NOT be accepted and will delay the issuance of the transfer. ❑ 3. All existing invoices paid and verified by the Division. Payment MUST be received prior to transfer issuance PROJECT OR FACILITY INFORMATION Project or Facility Name: Facility Address (location City: State: Zip: NEW PERMITTEE INFORMATION (fill out all appropriate contacts) Company name: Mailing Address: City: State: Zip: County: Telephone No: • Legal Contact: will receive all future permit correspondences and is legally responsible for compliance with the permit Name: Title: email address Telephone No: • Local Contact: will be contacted for questions relating to the facility and the discharge authorized by the permit for the facility. Name: Title: email address Telephone No: - • Billing Contact Information - if billing address is different than legal contact Name: Company Name: Mailing Address: City: State: email address Zip: Telephone No: CONTINUED page 2 INTERWI38T 1 CONSULTINGGROUP September 3, 2009 To Permit Holder: This initial Stormwater Management Plan (SWMP) for Power Trial provided by Interwest Consulting Group was prepared in order to obtain a State of Colorado Stormwater Discharge Permit Associated with Construction Activity. As the permittee, you are responsible for all aspects of adherence to the permit and all maintenance, updating and management of the SWMP including, but not limited to: 1) ensuring and documenting that the plan is kept up to date, including filling out / amending the pertinent sections of the SWMP pertaining to.construction means and methods; 2) keeping current the site map in order to conform with the permit; 3) ensuring that all required inspections and maintenance of the BMPs are conducted and documented according to the conditions of the permit; and 4) notifying the City and State as required if the site is not in compliance with the conditions of the permit. This document and the associated drawings will need to be updated by your Administrator and all parties involved with the SWMP must be adequately informed and trained PRIOR TO BREAKING GROUND. All documents are provided in an editable format for your ongoing use while you are covered by the permit. It is also the responsibility of the permittee to ensure that, upon completion of the project, the site has been stabilized in accordance with the permit and an Inactivation Notice has been submitted to the Colorado Department of Public Health and Environment - Water Quality Control Division. Please note that your permit is only for stormwater discharge and does not cover any other requirements (dewatering, air quality, fugitive dust etc.) Sincerely, 44,-PJ2� ak,� Michael Oberlander, P.E. 1218 W. ASH, STE. C, WINDSOR, COLORADO 80550 TEL. 970.674.3300 - FAX 970.674.3303 APPLICATION FOR TRANSFER OF OWNERSHIP FOR ALL PERMITS, CERTIFICATIONS AND AUTHORIZATIONS PAGE 2 CONTACTS (continued) Authorized Agent(s) Per Regulation 61 : All reports required by permits, and other information requested by the Division shall be signed by a person described in section 61.4(1)(e) as the legal contact for the permit or by a duly authorized representative of that person. A person is a duly authorized representative only if: (i) The authorization is made in writing by a person described in paragraph 61.4(1)(e)- legally responsible party (ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position may sign reports (such as DMR's or Annual Reports) required by the permit. Authorized Position Telephone No: Currently held by: email address: DMR's are to be mailed to this individual. YES ❑ NO ❑ If NO, to whom shall DMR's be sent (email is the Division's preferred method of sending DMR's) Contact Email address Mailing Address: City: State: Title Zip: Telephone No: REQUIRED SIGNATURE: Signature of Applicant: The applicant must be either the owner and/or operator of the construction site. Refer to Part B of the instructions for additional information. The application must be signed by the applicant to be considered complete. In all cases, it shall be signed as follows: a) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the application originates. b) In the case of a partnership, by a general partner. c) In the case of a sole proprietorship, by the proprietor. d) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates. I certify under penalty of law that I have personally examined and am familiar with the information submitted herein, and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. Signature(Legally Responsible Party) Date Name (printed) Title .............................................................................................. . PART 2 - TO BE COMPLETED BY PREVIOUS PERMITTEE As previous owner, I hereby agree to the transfer of the above -referenced permit and all responsibilities thereof. Company Name: Mailing Address: City: Signature (Legally Responsible Name (printed) Email address State: Zip: Telephone No: Date �rPrR Form STATE OF COLORADO NOTICE OF REASSIGNMENT OF PERMIT COVERAGE FOR A PORTION OF A PERMITTED AREA AND GENERAL PERMIT APPLICATION GENERAL PERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY This form is to be used when a permittee under the State of Colorado General Permit for Stormwater Discharges Associated with Construction Activity (the Construction General Permit) no longer has control of a specific portion of a permitted site through either ownership or contract, and wishes to transfer coverage of that portion of the site to a second party that does not currently have coverage under the Construction General Permit. If both parties currently have permit coverage, refer to the Alternative Options section for additional guidance. This application covers Large Construction Sites (disturbing 5 or more acres) and Small' Construction Sites (disturbing at least 1 but less than 5 acres). Sites that are part of a larger common plan of development or sale that will disturb at least 1 acre are also included. A "common plan of development or sale" is a site where multiple separate and distinct construction activities may be taking place at different times on different schedules, but still under a single plan. This includes phased projects, projects with multiple filings or lots, and projects in a contiguous area that may be unrelated but still under the same contract The following actions will be triggered by completion and submittal of this form: The Permit certification in Item II.A will be amended to no longer include the area described in Items 1.13 and I.C. The current permittee will not receive a revised certification. The corrected information will be placed in the permit file. If the current permittee requires notification of the Water Quality Control Division's (the Division's) receipt of this information, it is up to the permittee to request verification of delivery from the carrier (i.e., by sending certified mail). A new permit certification under the General Permit for Stormwater Discharges Associated with Construction Activity will be issued to the new permittee listed in Part 1. A new permit certification and permit materials will be sent to the attention of the legally responsible person for the new permittee (Item I.i. on the form). Alternative Options: To transfer the entire permit certification, the Notice of Transfer of Permit Coverage form must be used instead. Also, if both parties are currently permit holders for portions of the overall project (i.e., at least two permit certifications are issued for the project and cover both the party wishing to reassign coverage and the party wishing to accept coverage), and it is not desired that a new permit certification be issued, the permittees may amend their permit certifications instead of completing this form. For additional instructions, please refer to the guidance on "Amending Your Permit Certification" in the Stormwater Fact Sheet for Construction, available from the Division's web site at www.cdphe.state.co.us/wq/PerinitsUnit. Applicant Liability: For the area described for which permit coverage is to be reassigned (Part Lb of the form), permit coverage and liability will be assigned to the new permit applicant, regardless of ownership or contract, until the certification is transferred, amended, inactivated, or expired. (Note that even though the new permittee will be liable for permit compliance for the reassigned area, if the new permittee does not meet the defmition of owner or operator as discussed in the "Who May Apply" section below, the entity(s) that does could be held liable for operating without the necessary permit coverage.) The permittee may amend their application in writing to cease coverage for a portion of a site that the permittee no longer either owns or is under contract for. Information on the procedures that must to be used for such amendments will be supplied with the permit certification. A more detailed explanation is available in the Stormwater Fact Sheet for Construction, available from the Division's web site at www.cdphe.state.co.us/wq/PermitsUnit. The Division strongly recommends that entities involved with sites where multiple owners/operators exist review this information. Who May Apply For and Maintain Permit Coverage: The applicant must be a legal entity that meets the definition of either the owner and/or operator of the construction site, in order for this application tole legally cover the activities occurring at the site. The applicant must have day-to-day supervision and control over activities at the site and implementation of the Stormwater Management Plan (SWMP) discussed in Item I.h of the instructions. Although it is acceptable for the applicant to meet this requirement through the actions of a contractor, as discussed in the examples below, the applicant remains liable for violations resulting from the actions of their contractor. Examples of acceptable applicants include: 6/2005/reassign -i- • Owner or Developer- An owner or developer who is operating as the site manager or otherwise has supervision and control over the site, either directly or through contract with an entity such as those listed below. General Contractor or Subcontractor - A contractor with contractual responsibility and operational control (including SWMP implementation) to address the impacts construction activities may have on stormwater quality. • Other Delegated Agents/Contractors - Other agents, such as a consultant acting as construction manager under contract with the owner or developer, with contractual responsibility and operational control to address the impacts construction activities may have on stormwater quality (including SWMP implementation). An entity engaged in construction activities may be held liable for operating without the necessary permit coverage if a site does not have a permit certification in place that is issued to either an owner and/or operator. For example, if a site, or portion of a site, is sold or contractors change, so that the site's permit certification is then held by a permittee that is no longer either the owner or operator (such as the previous owner or contractor), that permit certification will no longer cover the new operator's activities, and a new certification must be issued, or the current certification transferred. A separate permit certification is not needed for subcontractors, such as utility service line installers, whose activities result in earth disturbance, but where the permittee or their contractor is identified as having the operational control to address the impacts their activities may have on stormwater quality. Stormwater Management Plan (SWMP): Both the current permittee and the new applicant must develop and maintain SWMPs that accurately reflect the activities and BMPs for the areas for which they will have permit coverage. The current permittee must already have a SWMP in place as required by their permit coverage, but must revise this plan to account for the changes in their covered area and activities. As discussed in Item I.h. of the instructions, the new applicant must also develop a SWMP for their covered area, prior to submittal of this form. Although the new applicant may utilize the current permittee's SWMP, if available, in development of their own SWMP, it must be modified and maintained to accurately reflect the new applicant's activities. Appendix A of the General Permit Application and Stormwater Management Plan Guidance for Stormwater Discharges Associated with Construction Activity (available from the Division's web site at iww.cdphe.state.co.us/wa/PermitsUnit) contains the requirements for the SWMP. Failure by either entity to maintain a SWMP in accordance with this guidance is a violation of the permit. Additional guidance for multi owner/operator development is also available in the Stormwater Fact Sheet for Construction, also available from the Division's web site. Application Due Dates: At least ten days prior to the requested effective date for the coverage reassignment, the owner or operators of the construction activities shall submit this form to the Water Quality Control Division (the "Division"). This form may be reproduced, and is also available from the Division's web site at www.cdphe.state.co.us/wq/PermitsUnit. Permit Fee: The new permittee does not send any payment with this form. They will be billed once they are covered under a permit. Current permit fees can be obtained from the Division's web site at www.cdphe.state.co.us/wq/Permit§Unit, Application Completeness: All items of the form must be completed accurately and in their entirety or the application will be deemed incomplete, and processing of the form will not begin until all information is received. (Do not include a copy of the Stormwater Management Plans for either the current or new permittee, unless requested by the Division.) One original copy of the completed form (no faxes or e-mails), signed by both the new permittee and the current permittee, shall be submitted, only to: Colorado Department of Public Health and Environment Water Quality Control Division WQCD-Permits 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Note: Partial applications will not be accepted. Iyou have questions on completing this application, you may contact the Division at cdphe.wgstorm@state.co.us or (303) 692-3517. 6/2005/reassign i�_ REASSIGNMENT FORM INSTRUCTIONS PART 1 - (To be completed by the New permit applicant.) Part I of the application is to be filled out by the new permit applicant who will be assuming permitting liability for the reassigned portion of the original applicant's site. The effective date when the area addressed in the form will be reassigned must be provided at the beginning of Part I. The effective date must be at least ten days following the receipt of this form by the Division. It will be the effective date of the new permit certification issued to the new applicant in Part I. Item I.a.: Provide the name and address of the new permit applicant, including the company_ name, local contact, phone number, and mailing address. Indicate whether the applicant is the owner, developer or contractor. Item I.b.:. Provide the street address of the site that will be covered under the new certification and removed from the current certification. If an exact address is not available you may use an approximate address, the nearest intefsection or boundary streets including directional identifiers (e.g., "S. of Park St. between 5th Av and loth Av.", or "W. side of C.R. 21, 3.25 miles N. of Hwy 10") or other identifying information. For the approximate center point of the property, the longitude/latitude, to the nearest 15 seconds, must be included. The latitude and longitude must be provided as either degrees, minutes, and seconds, or in decimal degrees with three decimal places. This information may be obtained from a variety of sources, including: • Surveyors or engineers for the project should have, or be able calculate, this information. • EPA maintains a web -based siting tool as part of their Toxic Release Inventory program that uses interactive maps and aerial photography to help users get latitude and longitude. The siting tool can be accessed at: www.epa.gov/tri/report/siting_tool/index.htm • U.S. Geological Survey topographical map, available at area map stores. • Using a Global Positioning System (GPS) unit to obtain a direct reading. Item Le.: One of these two items must be provided: • Legal Description of the entire site covered by the application that must include subdivision(s), block(s), and lot(s) (providing the metes and bounds or just the township/section/range, is not adequate). This information should be available for subdivided properties from documents submitted to or maintained by the city or county, such as the subdivision plat or deed. If this information is not available, a map must be submitted. — or — • Site Map that defines the boundaries of the site being applied for. The level of detail that must be provided will depend on the nature of the project and must be adequate so that it can be determined during a field audit what construction activities are covered under the issued certification. For typical developments within a specific surveyed property, a map clearly showing the property boundaries should be obtainable. For projects located in areas with adjacent construction areas that will not be covered by the application (such as multi -lot developments with multiple owners/operators), this detail is essential. However, for projects such as road or utility projects, where providing this detail may not be feasible or necessary to distinguish the project from adjacent activities, a less detailed map showing the approximate area is adequate. Maps must have a minimum scale of 1:24000 (the scale of a USGS 7.5 minute map). Maps must be folded to 8'/z x 11 inches. Do not submit grading plans or other blueprints as the site map. Item I.d.: Provide both the total area of the construction site that will be covered under the new certification, and the area that will undergo disturbance, in acres. Note: aside from clearing, grading and excavation activities, disturbed areas also include areas receiving overburden (e.g., stockpiles), demolition areas, and areas with. heavy equipment/vehicle traffic and storage that disturb existing vegetative cover. Item I.e.: Either check the appropriate box or boxes, or if the given descriptions do not fit the project, provide a brief description that indicates the general nature of the construction activities for which permit coverage is being requested. A more detailed description of the project must be included in the Stormwater Management Plan (see Item I.i.). Item I.E: Provide the current estimated completion date for the construction project to be covered under the new certification. .In terms of permit coverage, the completion date is when the site is finally stabilized. This means that all disturbed areas have been either built on, paved, or a uniform vegetative cover has been established. Permit coverage must be maintained until that time. If permit coverage is still required once your part is completed, the permit must be transferred to a new responsible entity. 6/2005/reassign -iii- Item I.g.: Identify the receiving water. Receiving waters are any waters of the State of Colorado. These include any and all surface waters that are contained in or flow in or through the State of Colorado (except for water withdrawn for use until use and treatment have been completed). This definition includes all water courses, even if they are usually dry. If stormwater from the construction site enters a ditch or storm sewer system, identify that system and indicate the ultimate receiving water for the ditch or storm sewer. Note: a stormwater discharge permit does not allow a discharge into a ditch or municipal storm sewer system without the approval of the owner/operator of that system if such approval is otherwise needed. Item I.h.: The certification of completion of a Stormwater Management Plan (SWMP) must be signed by the applicant or their authorized agent. Appendix A of the General Permit Application and Stormwater Management Plan Guidance for Stormwater Discharges Associated with Construction Activity (available form www.cdphe.state.co.us/wq/Per-mitsUnit) contains the requirements for the-SWMP during the period of construction (as listed in the general permit). Submittal of the SWMP is not required, however it must be developed and implemented and kept at the construction site. The Division reserves the right to request the SWMP at any time. Item I.i.: The applicant must be either the owner and/or operator of the construction site. Refer to page i of the instructions for additional information. The application must be signed to be considered complete. In all cases, it shall be signed as follows: a) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the application originates. b) In the case of a partnership, by a general partner. c) In the case of a sole proprietorship, by the proprietor. d) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee. This certification includes an acknowledgment that the applicant understands that the permit coverage, and therefore the applicant's liability, will be for the entirety of the portion of the construction project described and applied for, until such time as the application is amended or the certification is transferred, inactivated, or. expired. PART II - (To be completed by the Current permittee.) Part II of the application, starting on page 3 of the form, is to be completed by the current permittee. The information provided in Part II.b should be revised from the original application to take into account the changes in the site based on reassignment of the applied -for area. Refer to the instructions for I.c and I.d above for information on providing location and construction activity description information. 6/2005/reassign _iv_ NOTICE OF REASSIGNMENT OF PERMIT COVERAGE and GENERAL PERMIT APPLICATION STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY (Permit No. COR-030000) For Agency Use Only C O R- 0 3 Date Received: _ _ / _ _ / Day Month Year 9A Please print or type. All items must be completed accurately and in their entirety or the application will be deemed incomplete and processing of the permit/reassignment will not begin until all information is received. Please refer to the instructions for information about the required items. Original signatures of the new permit applicant and the current permittee are required. Part I of the application beginning below is to be filled out by the new permit applicant that will be assuming permitting liability for the reassigned portion of the original applicant's site. Part II'of the application, starting on page 3 of the form, is to be completed by the current permittee. Both Parts I (pages 1 and 2) and II (page 3) must be completed. PART I - To be completed by the New permit applicant: I hereby accept the reassignment of permit coverage for the area described in this application. I have reviewed the terms and conditions of this permit and the Stormwater Management Plan and accept full responsibility, coverage and liability. This reassignment will be effective on: _ _ /_ _ / month day year I.a. Name and address of the new permit applicant: Company Name Mailing Address City, State and Zip Code Phone No. Local Contact (familiar with facility) Title Who is applying? Owner ❑ Developer ❑Contractor 13 Local Contact E-mail Address (if available) Phone Number Legally Responsible Person (application signer) E-mail Address I.b. Location of the area to be covered under the new permit certification: Street Address (or Cross Streets) City (if unincorporated, so indicate) Name of plan, project, or development Latitude/Longitude — use one of the following formats: Latitude ' _ / _ _ / _ _ Longitude -or- degrees minutes seconds degrees County (e.g., 39'42' 11 ", 104055'57") minutes seconds Latitude _ _ _ _ _ Longitude _ _ _ _ _ _ (e.g., 39.703°, 104.933") degrees (to 3 decimal places) degrees (to 3 decimal places) I.C. Legal Description (subdivision, block, and lot) or Map Indicating Site Location/Boundaries: If a map is attached to provide this information, this must be indicated below. Maps must be folded to 8'/z x 11 inches. Map Attached? ❑ Yes, skip to item 4 ❑ No; include legal description per Instructions (use separate sheet if needed): Subdivision(s), Lot(s), Block(s): 6/2005/ reassign Page 1 of 3 Form Continued on Next Page I.d. Area of the construction site: Total area of project site (acres) Area of project site to undergo disturbance (acres) I.e. Nature of the construction activity: Check the appropriate box(s) or provide a brief description that indicates the general nature of the construction activities. (The full description of activities must be included in the Stormwater Management Plan.) ❑ Single Family Residential Development Multi -Family Residential Development 0 Commercial Development 0 Other, Describe: I.f. Anticipated Final Stabilization Date: _ _ /_ _ / month day year I.g. The name of the receiving stream(s). (If discharge is to a ditch or storm sewer, also include the name of the ultimate receiving water): STOP! A Stormwater Management Plan must be completed prior to signing the following certifications! I.h. Stormwater Management Plan Certification (new applicant): I certify under penalty of law that a complete Stormwater Management Plan, as described in Appendix A of the General Permit Application and Stormwater Management Plan Guidance for Stormwater Discharges Associated with Construction Activity, has been prepared for my activity. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the Stormwater Management Plan is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for falsely certifying the completion of said SWMP, including the`possibility of fine and imprisonment for knowing violations." Signature of Legally Responsible Person (submission must include original signature) Date Signed Name (printed) Title I.i Signature of Applicant (legally responsible person - new applicant) "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fine or imprisonment. "I understand that submittal of this application is for coverage under the State of Colorado General Permit for Stormwater Discharges Associated with Construction Activity for the entirety of the construction site/project described and applied for, until such time as the application is amended or the certification is transferred, inactivated, or expired." Signature of Legally Responsible Person (submission must include original signature) Date Signed tvame (prmtea) Title 6/2005/ reassign Page 2 of 3 Form Continued on Next Page PART II — Amendment to the current permit certification To be completed by the Current permittee: II.a. Current Permit Certification Information Certification Number: COR-03 Permittee (Company) Name: Permittee Address: Local Contact: Phone No. E-mail Address (if available) Name of plan, project, or development II.b. Revised Site Information Check if this is a new name, address, etc. ❑ IN Legal Description or Map Indicating Site Boundaries: (Subdivision, block, and lot, or similar information clearly identifying the site area that retains coverage under the current certification. If a map is attached to provide this information, this must be indicated below. Maps must be folded to 8'/z x 11 inches.) Map Attached? ❑ Yes ❑ No; include legal description per Instructions (use separate sheet if needed): Subdivision(s), Lot(s), Block(s): Check the appropriate box(s) or provide a brief description that indicates the general nature of the construction activities. (The full description of activities must be included in the Stormwater Management Plan.) ❑ Single Family Residential Development ❑Multi -Family Residential Development ❑ Commercial Development ❑Other, Describe: II.c. Certification for Reassignment "I certify under penalty of law that I have personally examined and am familiar with the information submitted in Part II of this application and all attachments in reference to Part II and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false. information, including the possibility of fine or imprisonment. "As the permittee currently covered by the above -referenced certification, I hereby agree to reassign the permit coverage for the area and activity described in Items I.b. and I.c., and all responsibilities thereof, from the above -referenced permit certification to the new permittee listed in Part I of this form." Signature of Legally Responsible Person (submission must include original signature) Date Signed Name (printed) Title Title 6/2005 /reassign Page 3 of 3 STATE OF COLORADO NOTICE OF AMENDMENT OF PERMIT COVERAGE Terminating coverage fora Portion of a permitted area GENERAL PERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY This form is to be used to amend a permit certification under Colorado's Stormwater Construction Permit, to terminate permit coverage when both of the following conditions have been met: l . The area must no longer be under the operational control (via ownership or contract) of the permittee. AND 2. The area must be Finally Stabilized. An area is Finally Stabilized when all ground surface disturbing activities at the site have been completed, and all disturbed areas have been either built on, paved or equivalently hard -armored, or a uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre -disturbance levels. Upon acceptance of this notice by the Water Quality Control Division (the Division), the permit certification will be automatically amended to exclude the specific portion described in the notice. The current permittee will not receive a revised certification. The corrected information will be placed in the permit file. In order to receive notification of the Division's receipt of this information, it is up to the permittee to request verification of delivery from the carrier (i.e., by sending certified mail). Conditions When This Form Can NOT Be Used: Below are some common scenarios where a permittee may need to use a different form or process. For additional guidance on administrative requirements and options for the Stormwater Construction Permit, refer to the Stormwater Construction Fact Sheet available at coloradowaterpermits.com The Division strongly recommends that entities involved with sites where multiple owners/operators exist review this information. A. The Permittee Still Has Operational Control over the Area The permit can only be amended to terminate coverage for sites that are no longer under the operational control of the permittee. If the permittee still has operational control: What to do instead: Revise your Stormwater Management Plan (SWMP) to address the conditions and the BMPs used in the stabilized area. BMPs may still be needed depending on site -specific conditions, such as stormwater run-on or construction traffic from areas of active construction. Monthly inspections are still required in accordance with Part I.D.6 of the permit, but only need to focus on identifying pollutant sources (e.g., erosion, material storage, etc.) and BMPs. B. The Area Has Not Been Finally Stabilized This form is only for terminating an area that has been finally stabilized. If the area has not been finally stabilized: What to do instead: The permittee must either maintain permit coverage, or can reassign permit coverage to another entity that owns or has operational control over that area. The Division's Notice of Reassignment of Permit Coverage form should be used. The form is available at coloradowaterpermits.com C. The Entire Permitted Area Has'Been Finally Stabilized This form is intended for use when the conditions in 1 AND 2 above have been met, and the permittee wishes to terminate permit coverage for only part of the site. Submittal of this form will only result in the termination of coverage for a portion of a permitted site, and does not inactivate the permit certification. What to do instead: Use the Inactivation Form for construction activities, available at coloradowaterpermits.com 9/08/coverageamend _ - Stormwater Management Plan (SWMP): The permittee must maintain a SWMP that accurately reflects the activities and BMPs for the areas for which they will have permit coverage. Therefore, the SWMP must be updated to reflect the changes described in this form. Appendix A of the General Permit Application and SWMP Guidance for Stormwater Discharges Associated with Construction Activity (available from the Division's web site at coloradowaterpermits. com) contains the requirements for the SWMP. Failure by the permittee to maintain a SWMP in accordance with this guidance is a violation of the permit. Additional guidance for multi owner/operator development is also available in the Stormwater Fact Sheet for Construction, available from the Division's web site. Notice Due Dates: At least ten days prior to the requested effective date for permit coverage to end, the permittee shall submit this form to the Division. This form may be reproduced, and is also available from the Division's web site at coloradowaterpermits.com. Permit Fee: There are no new permit fees associated with amending the construction permit certification. Application Completeness: All items on the form must be completed accurately and in their entirety or the notice will be deemed incomplete, and processing of the form will not begin until all information is received. A map of the revised area must be included that clearly indicates the area with continued coverage under the permit certification, and the area excluded. (Do not include a copy of the SWMP.) One original copy of the completed form (no faxes or e-mails), signed by the current permittee, shall be submitted, only to: Colorado Department of Public Health and Environment Water Quality Control Division - Permits 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 If you have questions on completing this application, you may contact the Division at cdphe.wgstorm@state.co.us or (303) 692-3517. INSTRUCTIONS Site Map: A Site Map must be provided. The map must clearly define the boundaries of the site to be excluded from permit coverage, and the area of the site with continued coverage under the permit certification. The level of detail that must be provided will depend on the nature of the project, and must be adequate to determine during a field audit what construction activities are still covered under the issued certification. For typical developments within a specific surveyed property, a map clearly showing the property boundaries should be obtainable. For projects located in areas with adjacent construction areas that will not be covered by the application (such as multi -lot developments with multiple owners/operators), this detail is essential. However, for projects such as road or utility projects, where providing this detail may not be feasible or necessary to distinguish the project from adjacent activities, a less detailed map showing the approximate area is adequate. Maps should NOT exceed 8 '/z x 17 inches. Do not submit grading plans or other blueprints as the site map. 9/08/coverageamend TABLE OF CONTENTS 1. INTRODUCTION 1 2. SITE DESCRIPTION 2 3. STORMWATER MANAGEMENT CONTROLS 4 4. FINAL STABILIZATION AND LONG TERM STORMWATER MANAGEMENT . 14 5. INSPECTION AND MAINTENANCE 15 6. SWMP IMPLEMENTATION 16 APPENDIX A PERMIT ISSUED FROM CDPHE APPENDIX B COMPLETED GENERAL PERMIT APPLICATION APPENDIX C SITE MAPS APPENDIX D CONSTRUCTION PHASING SCHEDULE APPENDIX E DISTURBANCE TALLY APPENDIX F INSPECTION REPORTS (SAMPLES PROVIDED) APPENDIX G CONTRACTOR FORMS / CERTIFICATIONS APPENDIX H BMP DETAILS APPENDIX I CDPHE FORMS APPENDIX J STORMWATER FACTS SHEET, MISC. GUIDING DOCUMENTS APPENDIX K SOIL INFORMATION Colorado Department of Public Heaun & Environment FOR AGENCY USE ONLY Water Quality Control Division WQCD-P-132 REC 4300 Cherry Creek Drive South EFF Denver, Colorado 80246-1530 YEAR MONTH DAY AMENDMENT NOTICE FOR CONSTRUCTION STORMWATER DISCHARGE GENERAL PERMIT CERTIFICATION Please print or type. Form must be filled out completely. Certification Number: COR-03 Permittee (Company) Name: Permittee Address: Phone No. Site/Facility Name: Construction Site Address/Location: Revised Site Information — Must include Site Map indicating site boundaries, and area being excluded from permit coverage. Maps must be folded to 8% x 11 inches.) Map enclosed? Yes 0 No ❑ County: Contact Person Phone No.: Contact Person: Contact Person Email: Summary of work performed and description of final stabilization for the area shown in the attached map: I certify under penalty of law that by the date of my signature below, at the identified construction site area, all disturbed soils have been finally stabilized; all temporary erosion and sediment control measures have been removed; all construction and equipment maintenance wastes have been disposed of properly; and all elements of the Stormwater Management Plan have been completed. I understand that by submitting this notice of amendment, I am no longer authorized to discharge stormwater associated with construction activity by the general permit, for this specific area. I understand that discharging pollutants in stormwater associated with construction activities to the waters of the State of Colorado, where such discharges are not authorized by a CDPS permit, is unlawful under the Colorado Water Quality Control Act and the Clean Water Act. I certify under penalty of law that 1 have personally examined and am familiar with the information submitted herein, and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. (See 18 U.S.0 1001 and 33 U.S.C. 1319.) Signature of Permit Applicant (Legally Responsible Party) Date Signed Name (printed) Title 9/08/coverageamend APPENDIX J STORMWATER FACTS SHEET, MISC. GUIDING DOCUMENTS STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Hem Water Quality Control Division - Stormwater Program + 1876 STORMWATER FACT SHEET — CONSTRUCTION Contact information Colorado Department of Public Health and Environment Water Quality Control Division — Stormwater Program WQCD-Permits-132 4300 Cherry Creek Drive South Denver, Colorado 80246-1530. A. INTRODUCTION Telephone: (303) 692-3517 Email: cdphe.wgstorm(&state.co.us Web Page: www.cdphe.state.co.us/wq/PermitsUnit Contents A. Introduction...................................................................1 B. Obtaining Regulatory Coverage...................................2 1. Do you need a Permit?...........................................2 a. Applying for a Permit.......................................3 b. Options: Small Construction Sites..................3 i. Qualifying Local Programs ........................3 ii. R-Factor Waiver..........................................3 2. Who May Apply?...................................................3 C. Permit Requirements....................................................4 D. Local Stormwater Requirements.................................5 E. Amending Your Permit Certification ...................:......5 F. Ending Your Permit Coverage.....................................5 G. Multiple Owner/Developer Sites..................................6 1. Permit Coverage.....................................................6 2. Permit Compliance.................................................8 H. Sale of Residence to Homeowners................................9 I. Construction Dewatering............................................10 J. Concrete Washout.......................................................10 Look for this symbol throughout this guide for brief summaries of the most important information you need to • know about stormwater permitting for construction activities. Then read further if you want more details. In 1992, the State of Colorado stormwater regulation went into effect to control municipal and industrial stormwater discharges, based on EPA regulations. The regulation is meant to reduce the amount of pollutants entering streams, rivers, lakes, and wetlands as a result of runoff from residential, commercial and industrial areas. The State regulation (5 CCR 1002-61) covers discharges from specific types of industries including construction sites, and storm sewer systems for certain municipalities. In Colorado, the program is under the Colorado Department of Public Health & Environment, Water Quality Control Division (the Division). The Colorado program is referred to as the Colorado Discharge Permit System (CDPS), and regulated stormwater discharges from construction activities are covered under the CDPS General Permit for Stormwater Discharges Associated with Construction Activities (the Stormwater Construction Permit). Construction activities produce many different kinds of pollutants which may cause stormwater contamination problems. The main pollutant of concern at construction sites is sediment.. Grading activities remove grass, rocks, pavement and other protective ground covers, resulting in the exposure of underlying soil to the elements. The soil is then easily picked up by wind and/or washed away by rain or snowmelt. Sediment runoff rates from construction sites are typically 10 to 20 times greater than those from agricultural lands, and 1,000 to 2,000 times. greater than those from forest lands. During a short period of time, construction activity can contribute more sediment to streams than would normally be deposited over several decades, causing physical, chemical, and biological harm to our State's waters. The added sediment chokes the river channel and covers the areas where fish spawn and plants grow. Page 1 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit Excess sediment can cause a number of other problems for waterbodies, such as increased difficulty in filtering drinking water, and clouding the waters, which can kill plants growing in the river and suffocate fish. A number of pollutants, such as nutrients, are absorbed onto sediment particles and also are a source of pollution associated with sediment discharged from construction sites. In addition, construction activities often require the use of toxic or hazardous materials such as fuel, fertilizers, pesticides and herbicides, and building materials such as asphalt, sealants and concrete, which may also pollute stormwater. These materials can be harmful to humans, plants and aquatic life. This Fact Sheet provides general guidance for compliance with the CDPS permitting requirements for stormwater discharges from construction activities. The Division reserves the right to interpret the permitting requirements on a case -by -case basis, as necessary. B. OBTAINING REGULATORY COVERAGE FOR CONSTRUCTION SITES ■ You must obtain permit coverage (or an R-Factor waiver) to discharge stormwater from any construction *� activity that disturbs at least 1 acre of land (or is part of a larger common plan of development or sale that will disturb at least 1 acre). The owner or operator must apply for coverage under the Stormwater Construction Permit at least 10 days prior to the start of construction activities. The application is available from the Division's web page. 1) Do you need to obtain coverage under the Stormwater Construction Permit? Construction Sites that disturb one acre or greater, or are part of a larger common plan of development disturbing one acre or greater, are covered under Colorado's stormwater permitting requirements. Generally, permit coverage is required, as discussed in Part B. La, below. However, additional options may exist if your project or plan of development will disturb less than 5 acres (Small Construction Site), as discussed in Part B. Lb, below. If permit coverage is required, or a waiver applied for, it must be maintained until the site is finally stabilized. Is it part of a larger common plan of development or sale? "A common plan of development or sale" is a site where multiple separate and distinct construction activities may be ' taking place at different times on different schedules. Examples include: 1) phased projects and -projects with multiple filings or lots, even if the separate phases or filings/lots will be constructed under separate contracts or by separate owners (e.g., a project where developed lots are sold to separate builders); 2) a development plan that may be phased over multiple years, but is still under a consistent plan for long-term development; and 3) projects in a contiguous area that may be unrelated but still under the same contract; such as construction of a building extension and a new parking lot at the same facility. If the project is part of a common plan of development or sale, the disturbed area of the entire plan must be used in determining permit requirements. Disturbance associated with utilities, pipelines, or roads that are constructed for the purpose of serving a facility, are considered together with that facility to be part of a common plan of development. However, adjacent construction of trunk lines or roads that are part of a regional network and not directly associated with the facility construction, are not usually considered to be part of the common plan for that facility. Note that permit coverage or an R-Factor waiver is still required for each individual project (facility or adjacent construction activity) that disturbs one or more acres. What is the total estimated area of disturbance? The area of disturbance is the total area at the site where any construction activity is expected to result in disturbance of the ground surface. This includes any activity that could increase the rate of erosion, including, but not limited to, clearing, grading, excavation, and demolition activities, installation of new or improved haul roads and access roads, staging areas, heavy vehicle traffic areas, stockpiling of fill materials, and borrow areas. Construction does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility. "Finally Stabilized" means that all ground surface disturbing activities at the site have been completed, and all disturbed areas have been either built on, paved, or a uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre -disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. Re -seeding alone does not qualify. Page 2 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit a) Applying for a permit Application for coverage under the Stormwater Construction Permit must be made at least 10 days prior to the start of construction activities, unless the site is a Small Construction Site that qualifies for an alternative option discussed in B. Lb, below. An application, which includes guidance on developing a Stormwater Management Plan (SWMP), is available from the Division. The SWMP must be completed prior to application. See Section C, "Permit Requirements," for further information. If your application is complete, it will be processed and your permit certification mailed to you. The Stormwater Construction Permit certification must be inactivated once the site has been finally stabilized, in order to end permit coverage and billing. An inactivation form is supplied with the permit certification. b) Additional Options for Small Construction Sites (at least 1 acre, but less than 5 acres of disturbance) The following options may apply to Small Construction Sites that disturb less than 5 acres, and are not part of a larger common plan of development exceeding 5 acres.. (Regardless of which option applies at the State level, all local requirements must still be met as discussed in Section D, below.) The options discussed under Parts b.i and b.ii below are not available for Large Construction Sites. i) Obtain coverage under a State -designated Qualifying Local Program (Available for Small Construction Sites only) The Division may designate a local municipality's stormwater quality control program as a Qualifying Local Program. This means that the local program's requirements are at least as stringent as the State permit. In this case, it is not required for the owner or operator to apply for permit coverage under the Stormwater Construction Permit. The local municipality will be responsible for notifying you that you do not need to apply for State coverage, if this is an option. You can also view a list of the few municipalities with Qualifying Local Programs at the Division's web page (see first page for web address). The local program must have been formally designated by the Division to qualify. Most municipalities have some type of local program and may require permits and fees. However, simply having a local program in place does not necessarily mean that it is a qualifying program and that the Division's Stormwater Construction Permit application is not required. ii) Apply for coverage under the R-Factor Waiver (Available for Small Construction Sites only) The R-Factor waiver allows a site owner or operator to apply for a waiver from coverage under the Division's Stormwater Construction Permit, if the R-Factor, calculated using the State -approved method, is less than 5 during the period of construction. The R-Factor is a way to measure erosion potential based on the length of the project and time of year. An application with instructions for using the State -approved method is available from the Division's web page (see first page for web address). In general, the only projects that will qualify for the waiver are projects that are completely stabilized within a month or two after the start of construction. That means that projects relying on seeding for revegetation will usually not qualify for -the waiver, because the vegetation must be established before the site is considered stabilized. During the spring and summer months, when Colorado experiences the bulk of its rainfall, many projects will not qualify at all for the waiver. In addition, the Division will not grant waivers for construction sites located in areas where snow cover exists, at, or up gradient of, the site for extended periods of time, if the construction site will potentially remain active and unstabilized during spring runoff. ` This waiver does not relieve the operator or owner from complying with the requirements of local agencies, such as meeting local stormwater quality requirements, including those required by a Qualifying Local Program as discussed in Section B.l.b.i, above. Page 3 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit 2) Who may apply for permit coverage? The Permit applicant must be a legal entity that meets the definition of the owner and/or operator of the construction site, in order for this application to legally cover the activities occurring at the site. The applicant must have day-to- day supervision and control over activities at the site and implementation of the SWMP. Although it is acceptable for the applicant to meet this requirement through the actions of a contractor, as discussed in the examples below, the applicant remains liable for violations resulting from the actions of their contractor and/or subcontractors. Examples of acceptable applicants include: •. Owner or Developer - An owner or developer who is operating as the site manager or otherwise'has supervision and control over the site, either directly or through a contract with an entity such as those listed below. • General Contractor or Subcontractor - A contractor with contractual responsibility and operational control (including SWMP implementation) to address the impacts construction activities may have on stormwater quality. • Other Designated Agents/Contractors - Other agents, such as a consultant acting as construction manager under contract with the owner or developer, with contractual responsibility and operational control (including SWMP implementation) to address the impacts construction activities may have on stormwater quality. An entity conducting construction activities at a site may be held liable for operating without the necessary permit coverage if the site does not have a permit certification in place that is issued to an owner and/or operator. For example, if a site (or portion of a site) is sold or the contractor conducting construction activities changes, the site's permit certification may end up being held by a permittee (e.g., the previous owner or contractor) who is no longer the current owner and/or operator. In this case, the existing permit certification will no longer cover the new operator's activities, and a new certification must be issued, or the current certification transferred. See Section F, below, for additional guidance on scenarios with multiple owners and/or operators. Utilities, Other Subcontractors, etc.: A separate permit certification is not needed for subcontractors, such as utility service line installers, where the permittee or their contractor is identified as having the operational control to address any impacts the subcontractor's activities may have on stormwater quality. Although separate permit coverage may not be needed in some cases, these entities are not exempt from the stormwater regulations for all of their projects and may still be held liable if their activities result in the discharge of pollutants. Leases: When dealing with leased land or facilities, the lessee shall be considered the "owner" for the purposes of stormwater permitting if they are responsible for the activities occurring at the site. C. PERMIT REOUIREMENTS ■, The primary requirement of the Stormwater Construction Permit is the development and implementation • of a Stormwater Management Plan (SWMP). The permit application includes guidance that must be followed for development and implementation of the SWMP. Permit requirements are the same for both Small and Large Construction Sites. The Stormwater Construction Permit requires dischargers to control and eliminate the sources of pollutants in stormwater through the development and implementation of a Stormwater Management Plan (SWMP). The purpose of a SWMP is to identify possible pollutant sources that may contribute pollutants to Stormwater, and identify Best Management Practices (BMPs) that, when implemented, will reduce or eliminate any possible water quality impacts. For construction activities, the most common pollutant source is sediment. Other pollutant sources include fuels, fueling practices and chemicals/materials stored on site, concrete washout, etc. BMPs encompass a wide range of practices, both structural and non-structural in nature, and may include silt fence, sediment ponds, vehicle tracking controls, good housekeeping, inspection and maintenance schedules, training, etc. The SWMP is not submitted with the permit application unless requested. An up-to-date copy of the SWMP must be kept on site, for use by the operator, and so that Division, EPA, or local inspectors can review it during an inspection. If an office location is not available at the site, the SWMP must be managed so that it is available at the site when construction activities are occurring (e.g., by keeping the SWMP in a superintendent's vehicle.) Further information concerning the contents of the SWMP can be found in Appendix A of the application, "Preparing a Stormwater Management Plan." This document and others can be obtained from the Division's web site or by contacting the Division (see first page for address information). Page 4 of 10 Revised 7/07 Water Quality Control Division —.Stormwater Program www.cdphe.state.co.us/wq/permitsunit D. LOCAL STORMWATER REQUIREMENTS FOR CONSTRUCTION AWhere local requirements exist for stormwater management, an owner/operator must comply with both . the Division's and the local agency's requirements. In addition to the requirement to obtain and comply with the Division's Stormwater Construction Permit, it is possible that additional government agencies (i.e., cities, counties, and special districts) may impose local requirements to control the discharge of pollutants from construction activities. An owner or operator of a construction activity must comply with the Stormwater Construction Permit requirements discussed in this Fact Sheet, even if they are also covered by a local program's requirements. (However, in the case of a Qualifying Local Program, as discussed in Section B.l.b.ii, some administrative requirements for the Stormwater Construction Permit may be simplified.) Likewise, the Stormwater Construction Permit does not pre-empt or supersede the authority of local agencies to prohibit, restrict, or control discharges of stormwater. Where a local program places additional restrictions on stormwater management at a construction site within its jurisdiction, the owner/operator must comply with those stricter requirements in addition to the Division's,permitting requirements. For example, although the Division allows several options for permitting at multiple owner/operator sites, a local authority may restrict these options and require specific procedures to be followed for who maintains permit coverage and authority for Stormwater discharges. MS4 Permits Many cities, counties, and special districts are covered by a Municipal Separate Storm Sewer System (MS4) . permit. These permits require the governmental entity to implement various programs to improve stormwater quality in their jurisdiction. Included in these permits is the requirement to implement a program to manage the discharge of pollutants from construction sites within their jurisdiction. Therefore, if a construction site located within the jurisdiction of one of these government entities does not properly manage stormwater at that site, the government entity may be in violation of their permit in addition to the construction site owner and operator. E. AMENDING YOUR PERMIT CERTIFICATION This section is only applicable if the limited information on the construction project submitted in the two - page application form changes. In such case, it may be necessary to provide the Division with revised information. If the information provided by the permittee in their two -page application form is no longer accurate, the permittee must provide the revised information to the Division. This includes such items as the planned total disturbed acreage, and the project legal description or map originally submitted with the application. (Note: it is not necessary to revise the anticipated final stabilization date, since the information provided was only an estimate.) To revise this information, provide a letter to the Division's Stormwater Program (see the contact information on page 1) that includes the revised information. The Division will not respond to this letter, so you are advised to obtain delivery confirmation from your postal service to confirm receipt. When the Stormwater Management Plan is revised, as required by the Stormwater Construction Permit, it is not necessary to notify the Water Quality Control Division. When BMPs or other site details discussed in the SWMP are modified, the SWMP must be updated to accurately reflect the actual field conditions. Examples include, but are not limited to, removal of BMPs, addition of BMPs, modification of BMP design specifications, and changes in items included in the site map and/or description. However, this information is not submitted to the Division, unless requested. F. ENDING YOUR PERMIT COVERAGE A Stormwater Construction Permit certification remains active until inactivated, or transferred or reassigned to a new responsible party. Forms for inactivation, transfer or reassignment of a permit certification can be obtained from the Division's web site or by contacting the Division (see first page for address information). Page 5 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit 1) Inactivation notice Permit coverage for a site that has been finally stabilized in accordance with the SWMP (see definition in Section B.1, above), may be inactivated by submitting a completed Inactivation Notice form. This form contains a certification statement that must be signed in accordance with the General Requirements of the permit. Also, the permittee may inactivate permit coverage at sites where all areas have been removed from their permit coverage, by one or more of the methods below: • reassignment of permit coverage (see Section F.3); • sale to homeowner(s) (see Section H); and/or amendment by the permittee, as discussed in Section E, above for areas where permit coverage has been obtained by a new operator (see Part G.1, below) or the area is returned to agricultural use (see the Division's Oil and Gas Construction Fact Sheet). In these cases the permittee would no longer have any land covered under their permit certification, and therefore there would be no areas remaining to finally stabilize. Submittal of an Inactivation Notice is still required and must discuss how the above conditions have been met. 2) Transfer of permit Permit coverage for a construction site may be transferred to a new entity when responsibility for stormwater discharges at the site changes from the permittee to the new entity. To transfer permit coverage, the permittee must submit a completed Notice of Transfer and Acceptance of Terms form that is signed in accordance with the General Requirements of the permit. If the new entity will not complete their portion of the transfer form, the permit certification may be inactivated if the permittee has no legal responsibility for the construction activities at the site, requests inactivation in written correspondence to the Division, and submits a completed Inactivation Notice form. 3) Reassignment of permit Permit coverage for a specific portion of a permitted site may be reassigned to a new entity when a permittee no longer has control of that portion of the site, and wishes to transfer coverage of that portion to a second party. To reassign permit coverage for a specific portion of a permitted site, the permittee must submit a completed Notice of Reassignment of Permit Coverage form that is signed in accordance with the General Requirements of the permit. If the new entity will not complete their portion of the reassignment form, the specific portion of the site may be removed from permit coverage if the permittee has no legal responsibility for the construction activities at the portion of the site, and a written request (including contact information for the new entity) is submitted to the Division. G. PERMITTING FOR DEVELOPMENTS WITH MULTIPLE OWNERS AND/OR OPERATORS For situations where multiple entities meet the definition of owners and/or operators for different portions of a development (e.g., a single development with multiple lots being owned and operated by separate entities), extra care must be taken to ensure that proper permit coverage is maintained and that stormwater management practices are correctly documented and implemented. Local stormwater quality programs may have differing requirements for who must maintain permit coverage, and what actions must occur when permitted areas and/or activities change. Construction site owners and operators must ensure that their actions do not result in violations of local program requirements. Refer to Section D for additional information. 1) Permit Coverage for Multiple Owner/Operator Development ! When a portion of a permitted site is sold to a new owner, a permit certification must be in place that is held by an entity meeting the definition of owner and/or operator of the sold area (see the discussion in Section B.2, above). This may be accomplished in one of the following ways: Page 6 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program . www.cdphe.state.co.us/wq/permitsunit a) 'Coverage Under the Existing Certification — Activities at the sold area may continue to be covered under an existing permit certification for the project if the current permittee meets the definition of operator for the sold area. To meet the definition of operator, the current permittee must have contractual responsibility and operational control to address the impacts that construction activities at the sold area may have on stormwater runoff (including implementation of the SWMP for the sold area). Therefore, a legally binding agreement must exist assigning this responsibility to the current permit holder on behalf of the new owner and/or operator for the sold area. It is not necessary to notify the Division in such case. However, documentation of the agreement must be available upon request, and the SWMP must be maintained to include all activities covered by the Stormwater Construction Permit. Example: Developer Dan sells a lot to Builder Bob. Developer Dan is currently covered by a permit certification that covers a larger area, which includes the sold lot. Developer Dan and Builder Bob may enter into a contract that assigns the responsibility for permit coverage and stormwater management to Developer Dan for Builder Bob's lot. Developer Dan is also responsible for making sure his SWMP includes the activities on the sold lot. Developer Dan's permit certification will continue to cover construction activities on Builder Bob's lot. b) New Certification Issued — Reassignment — A new permit certification may be issued to the new owner and/or operator of the sold area. The existing permittee and the new owner and/or operator must complete the Reassignment Form (available from the Division's web page, see page 1) to remove the sold area from the existing permit certification and cover it under a certification issued to the owner and/or operator of the sold area. Both entities must have SWMPs in place that accurately reflect their current covered areas and activities. Example: Developer Dan sells a lot to Builder Bob. Developer Dan is currently covered by a permit certification that covers a larger area, which includes the sold lot. For this example, Developer Dan and Builder Bob. must jointly submit the Reassignment Form. Builder Bob will be issued a new permit certification for his lot and the lot will be removed from Developer Dan's permit coverage. Prior to submittal of the Reassignment Form, Developer Dan must revise his SWMP to reflect the changes in his covered area and activities, and Builder Bob must develop his own SWMP to cover the area and activities he will obtain coverage for. c) Amend Existing Permit Certifications — In some cases, both parties (the original owner/operator and the new owner/operator of an area undergoing transfer of ownership or operation) will already both be permit holders for their portions of the overall project (i.e., at least two permit certifications are issued for the project and cover both the party wishing to reassign coverage and the party wishing to accept coverage). When an additional area is transferred between the two parties, the permittees may simply amend their permit certifications instead of completing the Reassignment Form. Both parties must separately complete the procedures discussed in Section E to amend their permit coverage, removing the applicable area(s) from the original owner/operator's permit coverage, and adding the area(s) to the new owner/operator's permit coverage. The requests must cite both permit certification numbers. (Note: this request may be submitted jointly if it is signed by both entities.) This option will likely be used in cases where a developer and an owner have already submitted a Reassignment Form, as discussed in Part b, above, where an initial transfer of lots has occurred, and then additional lots are transferred at a later date. Both entities must have SWMPs in place that accurately reflect their current covered areas and activities. Example: Developer Dan sells a lot to Builder Bob. Developer Dan is currently covered by a permit certification that covers a larger area, which includes the sold lot. In addition; Builder Bob also holds a permit certification for other portions of the development which he already owns, and Builder Bob wishes to cover his new lot under this certification. Developer Dan submits a request to remove the lot from his permit certification and provides Builder Bob's permit certification number that the lot will now be covered under. Builder Bob also submits a request to modify his permit certification to add the lot, and provides Developer Dan's permit certification number under which the lot was previously covered. Developer Dan and Builder Bob must revise their SWMPs to reflect the changes in their covered area and activities. Page 7 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit 2) Permit Compliance for Multiple Owner/Operator Development JNAs a permittee, the most important concept for projects where multiple entities are involved is: if activities within your permitted area result in pollution of stormwater, you are the entity responsible for ensuring that those pollutants are properly managed. Permittees are responsible for complying with the Stormwater Construction Permit requirements for the areas and activities for which they have permit coverage, and for all BMPs they are relying on to comply with the permit. Properly addressing and documenting the responsibility of various parties at a construction site will help protect an entity from liability in the case where another party's actions result in failure of BMPs. a) Pollutants from Outside the Permitted Area: A permittee may be held liable for pollutants that pass into and are then discharged from their permitted area or that result from another entity's activities. Specifically, a permittee may have responsibility to ensure proper implementation of BMPs to control stormwater discharges from their permitted area, even if another entity is contributing pollutants. The Stormwater Construction Permit requires the permittee to ensure the implementation of BMPs which will be used to control the pollutants in stormwater discharges associated with construction activity from their permitted area. Therefore, a permittee may be responsible for adequately implementing and maintaining BMPs that are providing treatment for pollutants originating outside of their permitted area or from another entity's activities. An example is when a permittee's property is being used by a separate entity for construction activities (e.g., loading and unloading, site access, materials storage, etc.), or BMPs located on the permittee's property are being relied on to treat stormwater runoff from another site. This scenario is common when a developer sells off lots to a builder. As a practical matter, what most often occurs is that the developer must allow the builder to use the developer's infrastructure (e.g., roads, storm drains, ponds, etc.) for activities and BMPs that cannot realistically be limited to the builder's property. In this case, the developer remains a liable party (in addition to the builder) to ensure that proper stormwater management is implemented for the project. Permit coverage may instead be assigned to the builder for this infrastructure, if the builder has been designated as the operator of the area for stormwater quality purposes (See Section B.2). However, this may not always be practical when multiple builders are operating in an area or when the developer is still performing their own construction activities. Refer to the Liability and Example sections, below, for further guidance. b) BMPs Located Outside the Permitted Area: If a permittee will be relying on BMPs that are outside of the area they own and/or operate, the specific ! actions listed below must be taken to ensure compliance with the Stormwater Construction Permit. The permittee is responsible for ensuring the proper managment all pollutants from their permitted area. Even if the BMP are implemented by another party, the permittee may still be liable if their pollutants are eventually discharged. The permittee is responsible for ensuring the operation and maintenance of all BMPs that are used to control pollutants that originate from their activities, even if the BMPs are located outside of the area owned and/or operated by the permittee. For example, a builder may only have ownership of a single lot, but may have to rely on BMPs that are located off of their lot and on a developer's property to adequately manage stormwater runoff, such as inlet protection that is on the developer's streets. If a permittee will rely on BMPs that are outside the area that they own and/or operate, the following measures must be taken: i) Any off -site BMPs must be documented in the permittee's SWMP. This includes structural BMPs (e.g., inlet protection and sediment ponds) and non-structural BMPs (e.g., concrete wash out areas and street sweeping). By including the BMPs in the SWMP, the permittee can effectively include the practices under their permit coverage. In such cases, the same off -site BMPs may actually be included in two or more parties' SWMPs. Page 8 of 10 Revised 7/07