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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - CONTRACT - BID - 8320 ASPHALT OVERLAY PROJECTCity of Fort Colimins Purchasing SPECIFICATIONS AND Financial Scn ices Purchasing Division 2 B N. Mason SL 2"" Floor PO Bo,, 580 Fon Collins, CO 80522 970.221.6775 970 221.0707 fcgov. cool purchasing CONTRACT DOCUMENTS FOR ASPHALT OVERLAY PROJECT BID NO. 8320 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS JUNE 1, 2016 - 3:00 P.M. (OUR CLOCK) SECTION 00020 INVITATION TO BID responsibility set forth in this paragraph 9.13 shall also apply to ENGIlvTMs Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidattmagg 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 Work involved which will be performed under the applicable conditions of the Centract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, 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 I 1 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemerued as provided in paragraphs 3.5 and 3,6, cecept in the rase of an emergency as provided in paragraph 6.2i or in the rase of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covermg• 10,4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1. (ii) required because of acceptance of defective Wok under paragraph 13.13 or correcting defective Work under paragraph 13.14. or (w) agreed to by the parties: 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.43, changes in the Contact Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in heu 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 6.20. 10.5. If notice of any charge affecting the general scope of the Work or the provisions of the Contract Documents Encore GEXmtAL COXXllors 1910s (1990waits) w/ CITY OF FORT COLLIM MODIFICATIOM OLEV 4/t000) (mcludurg, but not limited to, Contract Rice or Contract Times) is required by the provisions of arty Bond to be given to a mg, the giving of any such notice will be CONTRACTORS respnnsuhduty, and the amount of each applicable Bond wiH 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 due Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTORs wipmse without change in the Contract Price 1122 The Contract Price may only be charged by a Change Order or by a Written AmentdmenL 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 and to ENGINEER 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 for claimant 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 krnown amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contras Rice shall be determined by ENGINEER in accordance with paragraph 91 I if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 112. 113, The value of arty Work covered by a Charge 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 piss 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 allowvnce 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 Documents and agreement to a lump sum is not reached under paragraph 11.3 2, on the basis of the Cos of the Work (determined as provided in paragraphs 11.4 and 11.5) phis a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of Me Work 114 The term Cos of the Wort: meats the 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 arty of the costs itemized in paragraph 11.5: 11 A 1 Payroll costs for employees in the direct employ- of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation supennterdems, foremen and other personnel employed full-time at the site. Payroll costs fur employees not employed full -tune on the Work shall he apportioned on the basis of their time spent on the Work. Payroll cos's shall mohAa:butnot be limited to, salaries and wages plus the coat of fringe benefits which shall include social security contributions, unemployment, excise and payroll takes, workers' compensation, health aad retirernert benefits,—bortt . applicable thereto. The expenses of 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. Coat of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services re wired in connection thcrewith All ash discounts shall accrue to CONTRACTOR unless OWNER deposits fads with CONTRACTOR with which to make payments, in which case the ash discounts shall accrue to OWNER All trade discounts, rebates and refurds and returns from sale of surplus materials and equipment shall accrue to OWNER- and CONTRACTOR shall make provisions so that they may he obtained 11.43. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, 2 4 VCDCOENERALCONDITIOM 191" (1990Editiw) w/CITY OF FORTNLI.INSMODIFiCAnONS ftN42afp) 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 Cosa 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 11.4, 11.S, 116 and 11 7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 1144 Coss of special consudtrims (inclUdMg but not limited to engineers, arch tccM testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work 11.4.5. Supplemental costs including the following. 114.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the W'urk. 11.4.5.2. Cost, including transportation and mainterwice, of all materials, supplies, equipment, machinery, appliance* office and temporary Facilities at the site and hard tools not owned by the workers, which are consumed in the Performance of the Work, and cost less market value of such items used bit not consumed which remain the property of CONTRACTOR 114.5.3. Rentals of all construction equipment and machinery and the parrs thereof whether rented from CON]'RACI'OR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER and the costs of transportation, loading, unloading, installation dismantling, and removal thereof —all in accordance with terns of said rental agreements The rental of any such equipment, machinery or pans 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, arty Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11,4.5.6. Losses and damages (and related expanses) caused by damage to the Work, not compemated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and fumisltitg of the Work (except locus and damages within the deductible amounts Of property insurance established by OWNER in accordance with paragraph 5.91 provided they have resuhed from causes other than the negligence of CONTRACTOR, any Su ttor, a anyone directly or indirectly employed by any of them or for whose acts any of than 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 purpose of determining CONTRACTOR's fee. It however. any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.61. 11.4.5.7. The cog 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 corinection with the Work. 11.4.5.9. Coat of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cent of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTORSs officers, executives. ptincipals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditom accountants, purchasing and contmding agents, e.\Tediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specificallyy included in the agreed upon schedule of job classifications referred to in paragraph l l.4.1 or specifically covered by paragraph 11.4.4-4ll of which are to be considered administrative costs covered by the CONTRACTOR'sfee. 11.5.2. Expenses of CONTRACTOR' principal and branch offices other than CONTRACTOR's office at the site. 1153. Any pan of CONTRACTORS capital expenses, including interest on CONTRACTOR'S capital employed for the Work and Barges against CONTRACTOR for delinquent payments. 11.5.4. Cast of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to ptirchase and maintain the same (except for the cost of premiums covered by subparagraph 11.45.9 above). 11.53. Coats due to the negligence of CONTRACTOR. any Subcontractor, or anyaic directly or indirectly a tployed by any of them or for whose ads any of them may he stable, including but not limited to. the correction of defective Work di ail of materials or equipment wrongly supplied outs making good any damage to property. 11. & Other overhead or general expense costs of any kid and the casts of any item not specifically and expressly included in paragraph 114 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 fa; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for casts incurred under paragraphs 114.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for wets incurred under paragraph 11.4.3, the CO1NT'RACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no foxed flee is agreed upon the intent of paragraphs 11.4.1, 11.42, 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 natured by such Subcontractor under paragraphs 11 A.1 and I I A2 and that a higher ber Subcontractor and CONTRACTOR will each be Paid a fee of five pepm! of dhe affloom paid to the net lower tier , to be negotiated five ercent of the amours paid to the next lower tier Subtmtrac or. 11.6.2.4. no fee shall be payable on the basis of casts itemind under paragraphs 11.4.4. 11.4.5 and 11.5; 11.62.5. the amount of credit to be allowed by CONTRACTOR to OWNER 1'or 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 CONTRACTORS fee by an amount equal to five percent of such net decease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's 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. 111. Whenever the cost of any Work is to be Ell.'DC OENMALL COtm1IlOM 1910� (1990 Eiitim) 25 wi QTY OF FORT ODU IM MODIFICATIONS ptEV 42m00) determined pursuant to paragraphs 11.4 and 115, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to GINERR an itemized cost breakdown together with supporting data. Cash.4[fowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contact Documents and shall cause the Work so covered to be famished and performed 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 airy applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and 11.8.2. CONTRACTORS 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 peymem cot account of arty of the foregoing will be valid. Prior to final paymer4 an appropriate Charnge Order will be issued as recommended by ENGINEER to reflect a u al amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work, 11.9.1. When the Contract Documents provide that all or part of the Work is to be Unit Price WorL initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit pnces 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 Rice Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. DeternimatioLs of the actual quantities and classifications of Unit Rice 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 amount considered by CONTRACTOR to be adequate to cover CONTRACTORS overhead and profit for each separately identified item. 11.9.3.OWN1;R or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if 11.9.3.1. the quantity of any item of Unit Rice Work performed by CONTRACTOR differs materially and significantly &can the estimated quantity of such item indicated in the Agreement; EJCDCOiNUM COMNAOPS 19108 (1990 Edition) 26 W/aTY OF FORT 0011ItJSMODIFICA170M(REV 411000) and 11.9.31. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. 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 Cattract Price and the parties are unable to agree as to the amount of any such increase a decrease. 119.3.4. CONTRACTOR acknowlodnes that the OWNER has the right to add or delete items in the Bid cr c ties at OWNERS sole discretion without octane the Contract Price of Jty remaining item so lcng as the deletion or a addition does not exceed twenty-five RUmit of theoriginal total Contract Prig. ARTICLE 12—CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) 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 mature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additiorral time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimants 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 it the Contract Times (or Milestones) shall be determined by ENGINEER in acovrdance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 123 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 Tunes (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 12.1. 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 wok as contemplated by Article 7, 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 12A. Where CONTRACTOR is prevented Gan completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an extension of the Contract Times (or Milestones) 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, airy Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting frcaa (i) delays caused by or within the control of the CONTRACTOR or (it) delays beyond the control of both parties including, but not limited to, fires, floods• epidemics, abnormal weather condition, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TESTS AND MWECTIONS, CORRECTIOIN, REMOVAL OR ACCEVFANCE OF DEFECTIVE WORK 13.L Notice ofDefeas: Prompt notice of all defective Work of which OWNER or I;'NGNEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Rork: 13 OWNER. ENGINEER, 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 ree>aereble dates for their observation, irhspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tem arrd lntpectoe 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests 13R. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13,4.1- for inspection, tests or approvals covered by paragraph 13.5 below; 13.4.2. t}at costs incurred in connection with tests or inspection conducted pursuant to paragraph 13.9 EJCDC OENMAL CONDITIONS 1910F (1990 Edtia) w/ CITY OF FORT 0OLU NS MODIFICATIONS (ItEV 420W) below shall be paid as provided in said paragraph 13 9; and 13 43. as otherwise specifically provided in the Contract Documents 13.5. It Laws or Regulation of arry Public booby having jurisdiction require any Work (or part thereof) specifically to be inpectec( tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all coats 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 costs in anmcdion with any inspections. tests or approvals required for OWNER's and ENGIIVEERs acceptance of materials or equipment to be incorporated in the Mork, or of materials, mac 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, tested or approved is covered by CONTRACTOR without written ancurrmce of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intermon to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Wo»k 13.8. Lf any Work is covered contrary to the written request of ENGLKEER , a must, it requested by ONGLNEER, be uncovered for ENGLr'EER's observation and replaced at CONTRACTOR's cepene. 13.9. If ENGINEER cormdmt it necmisary 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 13+1GINEE2 may require, that portion of the Work in question. f tnushing all necessary labor. material and equipmcra. If it is found that such Work 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 Price, arA if the parties are unable to agree as to the amount thercoE may make a claim therefor as provided in Article 11. IE however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or "Jestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection testug, replacement and reconstruction, and, if the parties are unable to agree as to to amourn or extent thereof. CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 OWNER May Stop the Work. 13,10. If the Work is defective, or CONTRACTOR Fails to supply sufficient skilled workers or suitable materials or egmpmera, 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 give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other parry. Correction or Removal of Defective Work• 13.11. 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 dejechve. CONTRACTOR 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• 13.12.1. If within ene pear two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of arty applicable special guarantee required by the Contract Documents or by any specific provision of the Contact Documents, any Work is found to be defective, CONTRACTOR shall promptly, without tort to OWNER and in accordance with OANER's written instructions: n cared such defective 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 others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced and all claims, costs, lasses and damages caused by or resulting from such removal and replaamert including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13,122.In special circumstances where a particular item of equipment is placed in continuous service before Substmtial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.123. Where defective Wei; (arid damage to other EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 28 w/ CITY OF FORT COLLINS MODIFICA-170M (REV 412000) Work resulting therefrom) has been corrected. removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will he extended for an additional period of erne yeas two year after such correction or removal and replacement has been satisfactorily completed. Acceptance ojDefectiYe Work' 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (arid• prior to ENGINFEWs recommendation of final payment also ENGINEER) prefers to a 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 &fective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, 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 clam therefor as provided in Article 11. If the acceptance occurs after such recornmerdationn, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correa Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defearve Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13 11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents• or if CONTRACTOR fails to amply with any other provision of the Contract Documents, OWNER may. after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed mpediuously. In connection with such corrective and remedial action OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto. take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at die site or for which OWNER has paid CONTRACTOR but which are stored elsewhere CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employem OWNER's other contractors and ENGINEER and F.NGTNEER's Consultants access to the site to enable OWNER to exercise the Vits and remedies under this paragraph All claans, costs, Losses and damages incurred or cars ned by OWNER 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 11. Such claims, costs, losses and damages will include but not be limited to all cats of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONT'RACI.OR's defecirw Work. CONTRACTOR shall not be allowed an me lion of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the ecercise by OWNER of OW NVER's rights and remedies hereunder. ARTICLE 14-PAYNIE VTS TO CONTRACTOR AND COMPLETION Sckedide of Vatheir 14.1. The schedule of values established as provided in paragraph 29 will serve as the basis for progress payments and will be incorporated into a form of Application for Paymem acceptable W ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often then once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR 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 anchor location agreed to in writing the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and dear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNEt's interest therein all of which will be satisfactory W OWNER The arncum of retainuge with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with : uriues or am arrangements mvote•irre an escrow or custodianship. By executina the aoolie tmeet form fle CONTRACTOR evressly waivWthe bercfits of Colorado Revised Statutes Section 24-91-101. et sea. CON7R,ICTOR's Warranty of Tide: 14.3. CONTRACTOR warrants and guarantees that title to all Wok, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OW'N'ER no later than the time of payment free and clear of all Liens Review ofAppheabons for Progren Payment 14.4. ENGINEER will, within ten days after receipt of each Application for Paymem, either indicate in writing a EXIX OE."JE UL COMNTIONS 19104 UM EMoo) w/ QTY OF FORT WLUM MODIFICATIONS Qil;U 42000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment In the latter cam. CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER'S recommendation the amount recommended %till (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNN7ER 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 ton -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINE R's knowledge, information and belief 14.5.1. the Work has progressed to the point indicated, 14.52 the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation 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 delermvmtion of quantities and classifications Far Unit Pnoe Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACfORs 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 be deemed to have represented that: (i) es}austive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (u) 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. ENGINEERs recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTR4CTOR's means, methods, techniques, sequences or procedures of corstuction, or the sate ty precautions and programs incident thereto, or for any fiilure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing 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 it in ENGI EER'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 payment, or, because of subsequently discovered evidence or the results of subsequent inspections or test-, nullify airy such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defecava, or completed Work has been dam aged requiring correction or replacement. 14.7 2. the Contract Price has been reduced by Written Amendment or Change Order, 147.3 OW'.\FR has been required to correct defecire Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment ot'the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or f irmshutg of the Work, 143.6. Liens have been filed in connection with the Work. except where CONTRACTOR has deliverer) a specific Borst satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a sd- off against the amount recommended, or 14.7.8 OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.I through 14.73 or paragraphs 15.2.1 through 15.2.4 inclusive, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) sorting the reasons for such action and promptly pay CONTRACTOR the amount so withheld or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR corrects to OWNER's s usfaet:ion the reasons for such action Subsrandd Compfe6an: 14.8. When CONTRACTOR consdes the entire Work ready for its intended use CONTRACTOR shall ratify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as i complete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER CONTRACTOR and ENGLNFER shall make an inspection of the Week to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor If ENGINEER EXDC OENERAL CONDITIOD81910-8 (1990 EMIM) 30 w/CITY OF FORT C UNSMODIFICATIONS(REV42000) considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shell fir the date of Substantial Completion. There shall he attached to the catifieate a tentative list of items to be completed or corrected 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 objecuors, ENGLvEER 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 teasers therefor. If; after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days 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) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of 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 responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, ]teak utilities, ireurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writi'Mr�g and so inform ENGINEER in writing prior to ENGI IFFR's issuing the definitive certificate of Substantial Completion, ENGIN'MR's aforesaid recommendation will be binding on OWNER and CONTRACTOR 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 or correct items on the tentative list Po'dal UL awdon: 14.10. Use by OWNER at OWNERN option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (n) OWNER. ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Wo& subject io the following: 14.10.1.OWNER 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 00 Ice. If CONTRACTOR agrees that such part of e Work is suhsantially complete. CONTRACTOR will ctify 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 request ENGINEER to issue a certificate of Substantial Completion for that part of the Work Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGLVEER shall make an inspection of that part of the Work to determine its status of completion If ENGLVEER does not consider that part of the Wok 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 14 9 will aplpy 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 part of the Wade will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final ' ion with OWNER and CONTRACTOR and will y CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or ahfecnve. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies Final Application for Payment 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance mid operating instructions, schedules, guarantees. Bonds, certificates or other evidence of insurance required by paragraph5.4, certificate of inspection, marked -up record documents (as provided in paragraph 619) and otter documents. CONTRACTOR may make application for final payment following the procedure for progress payments The final Applicationfor Payment shall be accompanied (except aspreviously delivered) by: (i) all documtentation called for in the Contract Documents including but not limited to the evidence of insurance required by subparagraph5.4.13, (ii) consent of the surety, if any. to final payment, and (ut) complete and legally effective releases or waivers (satisfactory to OVINER) of all Liao 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 famish receipts or releases in full and affidavit of CONTRACTOR that: n the releases and receipts include all labor, services material and equipment for which a Lien could be filed, and (u) all payrolls, material and equipment bills, and otter indebtedness connected with the Work for which OWNER or OWNER's property in fight in any way be resporsible have been paid or otherwise satisfied if any Subcontractor or Supplier fails EKDC OE 49LA6L CON)IT10M 191" (n 990 Edtim) w� CITY OF FORT COLD M MODIFICATIONS OLEv 42traa) to famish such a release or receipt in full. CONTRACTOR may fiartish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of liens and the consent of the surety to final= oavmcm are to be submittal on forms co nformi na to the format of the OWNER'S standard forms bound in the Protect manual. Feral Payment andAcc4plance. 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER'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 writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Wort: is acceptable 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 payment, in which case CONTRACTOR shall make the neeemary corrections and resubmit the Application Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR su iect to narauaph 17 6.2 of these General Conditions 14.14. IE 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 Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed aril accepted. If the remaining balance to be held by OWNER for Work no fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished 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 (2aims: 14.15. The making and acceptance of final payment will constitute: 14.15.1 a waiver of all claims by OWNER against CONTRACTOR except claims arising from unsettled Liens, fiam defectme Work appearirg after 31 final inspecnon pursuant to paragraph 14.11. from failure to comply with the Contract Documents or the terms of any special guarantees specified therein. or from CON ACTOR'S continuing obligator under the Contract Documents, and 1415.2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsenled. ARTICLE 15 SUSPENSION OF WORK AND TERMINATION OPAER 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 ENGD,BER which will fox 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 burly directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12, 01 INT-1? 1Way Termiaare: 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 Contract 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 paragraph29 as adjusted from tithe to time pursuant to paragraph 6.6): 152.2. if CONTRACTOR disregards Laws or Regulation of any public body having jurisdiction; 15.23. if CONTRACTOR disregards the authority of ENGINEER, or 15.2.4. if CONTRACTOR otherwise violates m any substantial way any provision of the Contract Documents, OWNER may, after giving CONTRACTOR (and the surety, if any) seven day$ 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, applianom construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversions incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EKDG GEt#TXdL . CONDITIONS 19105 (1990 MOO 32 w/ CITY OF FORT COLW NS MODIFICATIONS aZEV 4r2000) CONTRACTOR but Much are stored elsewhere, and finish the Work as OWNER may deem expedient In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid bahuxc of the Contract Price exceeds all claims. costs. losses and damages sustained by OWNER arising out of or resulting from 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, carts, 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 performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER. the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability 15.4. Upon seven days' written notice to CONTRACTOR and ENGNIMR, 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 Documentsprror to the effective date of termination, including , and reasonable sums for overhead and profit on such Work, 15.4 2 for expenses sustained pnor to the effective 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 profit on such expenses, 15.4.3for all claims, costs, loses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others, and 15.44. for reasonable expenses directly attributable to termination CONTRACTOR shall not be laid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination - CONTRACTOR May Snap Work or Terntiame: 155. 4 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 SECTION 00020 INVITATION TO BID Date: May 16, 2016 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 June 3, 2016, for the Asphalt Overlay Project; BID NO. 8320. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. 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 8320. The Work shall consist mainly of asphalt milling, asphalt patching, asphalt overlays, geotextile paving fabric, manhole and valve box adjustments, and the associated traffic control on designated streets in the City of Fort Collins. Specific locations are described in Section 03500, Project Map. The City intends to award a one year agreement with the option at the City's sole discretion to renew for up to four (4) additional one (1) year terms. Pricing will be reevaluated and mutually agreed upon annually in the event the agreement is renewed by the City. Notwithstanding, the City reserves the right to bid any project(s) independent of this Bid and subsequent agreement. The City of Fort Collins has adopted a new Dust Prevention and Control Manual. The requirements can be found in SECTION 04000 of the Specifications. In addition, the City has established required haul routes for asphalt materials as detailed in SECTION 01560, paragraph 1.6. All operations conducted under this Bid shall be performed in accordance with the stated procedures and requirements. 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. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. Questions concerning the scope of the bid should be directed to Bennett Ashbaugh, Project Manager at (425) 241-3697 or bashbaugh@fcgov.com. Questions regarding bid submittal or process should be directed to Elliot Dale, Buyer at (970) 221-6777 or edale@fcgov.com. All questions must be submitted in writing via email to Bennett Ashbaugh , with a copy to Elliot Dale, no later than 5:00 PM our clock on May 26, 2016. Questions received after this deadline will not be answered. The Contract Documents and Construction Drawings may be examined online at • Rocky Mountain E-Purchasing System: www.rockvmountainbidsystem.com Bids will be received as set forth in the Bidding Documents. star finally determined to be due, then CONTRACTOR may. upon seven days' written notice to OWNER and ENGINEER, 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 pamgmph 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 subminal or OW2dER has failed for d rty days to pay CONTRACTOR any son finally determined to be due. CONTRACTOR may Mort seven days' written notice to OWNER and ENGINEER stop the Work until payment of all suulh amounts due CONTRACTOR, including interest therein The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTORS 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, stall be as set forth in ExhtbitGC-& "Dispute Resolution Agreement", to be attached hereto and made a pan hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragmphs9.10, 9,11 and 9.11. 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—bIISCELLANEOUS Glvfag Notree: 171 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 is intended or if delivered at or sent by registered or certified mail, postage prepaid to the last bus¢ness address known to the giver of the notice 17.2. Computation of Time: 17.2.1. When am period of time is referred to in the Contract Documents by days, it will be computed to occlude 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 holid by the law of the applicable yurmliction, such day will be omitted from the computation EUX OIRC 4L CONDITIONS 1910S (1990 Ecitim) w/ CITY OF FORT COLLI NS MODIFICATIONS (1tEV 42000) 17.22. A calendar day of twenty-four hours measured from midnight to the rrxt midnight will constitute a day. Nodee of Ctaim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to penort or property because of arty 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 other party is legally liable. claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of arty applicable granite of limitations or repose.Cumu/ati.xRemedin: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the patties hereto, arid, in particular but without limitation the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6. 11 ' 6.16, 6.30, 6.31, 632, 13.1, 13.12, 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 ofy any rights and remedies available to any or all of them which are otherwise 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 it repeated specifically in the Contract Documents in connection with each particular duty, obligation. no and remedy to which they apply. Professional Fen and Court Coat 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 costs 17.6. The laws of the Stan of Colorado apply to th s Agreement Reference to two pertinent Colorado statutes are as follows: 17.62. If a claim is filed OWNER is reattited b7t law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims fcv_I_abcr, materials, team hire, sustenance. orovisiorm provender. or other supplies used or consumed by CONTRACTOR or his 33 EJCDCOENERAL CONDITIOM 1910.8 0990 EMoO 34 wl CITY OF FORT COLUM MODIRCAnOM (RED/ 42000) (This page left blank intauicnally ) EJCDCOENaM COrminOus 1910-8 (1990 EMim) 35 w/ CITY OF FORT COLLI NS MODIFI CATIONS OkEV 42000) EJCDc M4U.AL CONDITIONS 191" (1990MOO 36 w1 CITY OF FOP T COL NS M000-icenOM UMV V2000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR 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: 161. 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 mating 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 obtarnm& 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 havirg jurisdiction 16.2. No demand for arbitration of any clam, dispute or other matter that is required to be referred to ENGINEER initially for dectsion 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 resuh in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER readers a decision after arbitration proceedings have been initiate4 such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerted. 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 9.1 n 16.3. Notice of the demand for arbitration will 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 thittyday or ten-day period specified in paragraph 16.2 as applicable, and in all other oasis within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shal t 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 of limitations. ErCDC GENERAL. CONDMONs 191M a990 Edtim) WI CITY OF FORT COLLINS MODIFICATIONS (REV %99) 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 manner any other person or entity (including ENG12NMER, 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 patties to the arbitration, and 16.4.2. stub other perm 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 16.4.1 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 pa • but no such consent shall constitute consent to arbitration of any dispute not specifically described in such crosen[ or to arbitration with any party not specifically identified in such 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 patty 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 Subcontncwr. Nothing in this paragraph 16.5 nee 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 thereat 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, oounterchums, 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 initialing 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 ten 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 GC•Al EJCDC OENERAL CONDMONS 1910-8 (1999 tficn) GC -Al w/ CITY OF FORT COLIINS MODIFICATIONS %EV 9/94) 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: N/A 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: N/A 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: 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. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/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 zero 0 days lost due to abnormal weather conditions. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment 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. 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 Gerry Paul Purchasing Director SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: 8320 Asphalt Overlay Project CONTRACTOR: Martin Marietta Materials Inc PROJECT NUMBER: 8320 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 .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .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 Engineer Project File Architect Purchasing DATE: L AI DATE: g• 0 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: By: APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 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 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 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 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 STORED MATERIALS SUMMARY On Hand Item Invoice Previous Number Number Description Application Received This Period PAGE 4 OF 4 Installed On Hand This This Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 2016 ASPHALT OVERLAY PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01330 Survey Data 01340 Shop Drawings 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 1-2 General Requirements 34 General Requirements 5-6 General Requirements 7 General Requirements 8-10 General Requirements 11-12 General Requirements 13 General Requirements 14-15 General Requirements 16 General Requirements 17 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of asphalt patching, asphalt overlays, base work, variations of paving fabric, and manhole and valve box adjustments on designated streets in the City of Fort Collins. Specific locations are described in Section 3500, Project Map. 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. Also see tree protection standards. C. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 am. to 6:00 p.m., Monday through Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1560. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Project Manager, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner' s costs in providing field engineering and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 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 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 which would affect their daily operation. E. Tom Knostman/Bennett Ashbaugh will be the Program Manager/Project Manager). Tom Knostman 970-221-6576 Office 970-679-7947 Cell Bennett Ashbaugh 970-221-6615 Office 970-658-0921 Cell F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - Page I of 17 SECTION 01010 SUMMARY OF WORK UTILITIES Water: City of Fort Collins, Colorado 221-6700, Meter Shop 221-6759 Storm Sewer: City of Fort Collins, Colorado 221-6700 Sanitary Sewer: City of Fort Collins, Colorado 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 Gas: Xcel Energy Emergency 1-800-895-2999 Local Contact: Pat Kreager 970.566.4416 Telephone: UNCC / 1-800-922-1987 Local Contact: Debbie Kautz 970.689.0635 Traffic Operations: City of Ft. Collins, Colorado 221-6630 Cable Television: Comcast 493-7400 Utility Notification Center of Colorado (UNCC) - 811 1-800-922-1987 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 221-658 l Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 221-6540 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 Traffic Engineering: 221-6630 END OF SECTION Larimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 911 General Requirements - Page 2 of 17 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. The Contractor shall also coordinate with the Landscape Contractor whose Work is separate from the General Contractors contract. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Pre -construction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3. The Project Manager shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Project Manager shall introduce the project Representatives. B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. C. Project Manager may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Project Manager. 1.3 PROGRESS MEETINGS A. Contractor and Project Manager shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Project Manager or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Program Manager/Project Manager, and Project Representative. 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Project Manager or Owner. General Requirements - Page 3 of 17 SECTION 01040 COORDINATION 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. Revision of Construction Schedule as appropriate. D. The Project Representative and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END 01= SECTION General Regwrements - Page 4 of 17 SECTION 00100 INSTRUCTIONS TO BIDDERS SECTION 01310 CONSTRUCTION SECHDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance ofthe Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination ofthe Work with the needs of Owner or others. C. The schedule must show how the street, landscaping and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner or Project Manager, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 5 of 17 SECTION 01310 CONSTRUCTION SECHDULES 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END Or SE:Cr 10\ General Requirements - Page 6 of 17 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Owner will provide the construction surveying for the street and landscaping improvements. City Survey Crews will perform the surveying required. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing surveying. C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re - staking construction stakes and for the cost of re-establishing a destroyed monument. The Contractor shall notify the Engineer prior to concrete removal when property line markers are inscribed in the surface of the existing concrete, typically designated by "+" or "x" markings. The Contractor shall reinstall all existing property line markers in the surface of the new concrete. The Contractor may accurately offset the existing mark for reinstallation or may notify the City Survey Crews and request the offset location prior to removal of the concrete. If markers are removed without offsetting and reinstalling, the Contractor shall be responsible for all costs, including survey costs, associated with relocating and reinstalling the markers. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. END OF SECTION General Requirements - Page 7 of 17 SECTION 01340 SHOP DRAWINGS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. 1. Project Manager will not accept Shop Drawings or other submittals from anyone but Contractor. B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Project Manager prior to the time set forth in the approved schedule will be reviewed at any time convenient to Project Manager before the time required by the schedule. C. Any need for more than one re -submission, or any other delay in obtaining Project Manager's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Project Manager to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Project Manager's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped by Contractor and properly marked by Project Manager, are at the site and available to workmen. Do not use Shop Drawings which do not bear Project Manager's mark "NO EXCEPTION TAKEN" in the performance of the Work. Review status designations listed on Project Manager's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN: Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Project Manager's notations. Contractor is to proceed with the Work in accordance with Project Manager's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. 3. REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. 4. FOR REFERENCE ONLY Signifies submittals which are for supplementary information only; pamphlets, general information sheets; catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Owner in design, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract Documents. Project Manager reviews such submittals for general information but not for substance. General Requirements - Page 8 of 17 SECTION 01340 SHOP DRAWINGS 1.2 SHOP DRAWINGS A. Include the following information as required to define each item proposed to be furnished. 1. Detailed installation drawings showing foundation details, and clearances required for construction. 2. Relation to adjacent or critical features of the Work or materials. 3. Field dimensions, clearly identified as such. 4. Applicable standards, such as ASTM or Federal Specification numbers. 5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructions, performance characteristics and capacities, and other information specified or necessary: a. For Project Manager to determine that the materials and equipment conform with the design concept and comply with the intent of the Contract Documents. b. For the proper erection, installation, and maintenance of the materials and equipment which Project Manager will review for general information but not for substance. c. For Project Manager to determine what supports, anchorages, structural details, connections and services are required for materials and equipment, and the effect on contiguous or related structures, materials and equipment. 6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable Project Manager to review the information effectively. B. Manufacturer's standard drawings, schematics and diagrams: I. Delete information not applicable to the Work. 2. Supplement standard information to provide information specifically applicable to the Work. C. Format. 1. Present in a clear and thorough manner. 2. Minimum sheet size: 8 1/2" x I I". 3. Clearly mark each copy to identify pertinent products and models. 4. Individually annotate standard drawings which are furnished, cross out items that do not apply, describe exactly which parts of the drawing apply to the equipment being furnished. 5. Individually annotate catalog sheets to identify applicable items. 6. Reproduction or copies of portions of Contract Documents: a. Not acceptable as complete fabrication or erection drawings. b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail drawings. 7. Clearly identify the following: a. Date of submission. b. Project title and number. c. Names of Contractor, Supplier and Manufacturer. d. Specification section number, specification article number for which items apply, intended use of item in the work, and equipment designation. e. Identify details by reference to sheet, detail, and schedule or room numbers shown in the Contract Documents. f. Deviations from Contract Documents. g. Revisions on re -submittals. h. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and the Contract Documents. General Requirements - Page 9 of 17 SECTION 01340 SHOP DRAWINGS 1.3 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 1. Shop Drawings. a. Three (3) copies minimum, two (2) copies which will be retained by Project Manager. 1.4 RE -SUBMISSION REQUIREMENTS A. Make corrections or changes required by Project Manager and resubmit until accepted. B. In writing call Project Manager's attention to deviations that the submittal may have from the Contract Documents. C. In writing call specific attention to revisions other than those called for by Project Manager on previous submissions. D. Shop Drawings. 1. Include additional drawings that may be required to show essential details of any changes proposed by Contractor along with required wiring and piping layouts. IND OF SECTION General Requirements - Page 10 of 17 SECTION 01410 TESTING Ll GENERAL A. Provide such equipment and facilities as required for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval shall not be incorporated into the work. 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). 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. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 1. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 3. Concrete test, except those called for under Submittals thereof. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or standby time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer . B. Contractor shall notify the Engineer 48 hours prior to performing an operation that would require testing. 1.4 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 Owner. The Contractors' control system shall specifically include all testing required by the various sections of these Specifications. General Requirements - Page 11 of 17 SECTION 01410 TESTING Superintendence: The Contractor shall employ a ful l time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. 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. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer 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 the Engineer weekly. END OF SECTION General Requirements - Page 12 of 17 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site 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 all personnel at the site. D. Obscure from public view to the greatest practical extent. l{\D OE SE('I10\ General Requirements - Page 13 of 17 SECTION 01560 TEMPORARY CONTROLS 1.1 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. 1.2 DUST CONTROL A. The Contractor shall abide by the City of Fort Collins "Dust Control Manual" located herein the contract documents under section 4000. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins limits. B. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. C. 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. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. 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. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. 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, sand bags, 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 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. General Requirements - Page 14 of 17 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 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 SECTION 01560 TEMPORARY CONTROLS 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the current "LarimerCounty Urban Area Street Standards" In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. 1.6 HAUL ROUTES The City reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. Asphalt material hauled in and out of the Martin Marietta Taft Hill Plant location is required to be hauled only to/from the north on Taft Hill Road to County Road 54G. FND OF SECTION General Requirements - Page 15 of 17 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer and/or Project Manager upon request, one current marked -up set of the drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered. B. These record drawings along with any survey records, photographs and written descriptions of said work as may be required by the Project Manager shall be submitted prior to project acceptance. END OF SECTION General Requirements - Page 16 of 17 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the work. C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. END OF SECTIOV' General Requirements - Page 17 of 17 The 2011 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and Plans. INDEX OF REVISIONS SECTIONS 103 Award and Execution of Contract 104 Scope of Work 105 Control of Work 106 Control of Material 107 Legal Relations and Responsibility to Public 108 Prosecution and Progress 109 Measurement and Payment DIVISIONS 201 Clearing and Grubbing 202 Removal of Structures and Obstructions 203 Excavation and Embankment 208 Erosion Control 210 Reset Structures 306 Reconditioning 307 Lime Treated Subgrade 401 Plant Mix Pavements - General 403 Hot Mix Asphalt 420 Geosynthetics 626 Mobilization 627 Pavement Marking 630 Construction Zone Traffic Control REVISION OF SECTION 103 AWARD AND EXECUTION OF CONTRACT Section 103 of the Standard Specifications is hereby revised to include the following: This item is intended for use to represent the costs associated with the procurement of bonds as well as the year's mobilization. The costs associated with the procurement of bonds and the anticipated costs of Mobilization are to be combined and paid for as a proportionate lump sum item based on the schedule detailed below. BASIS OF PAYMENT Subsection 103.03 Requirement of Contract Bonds is hereby amended to include the following: Payments will be made under: Pay Item Unit 103.03 Bond Procurement and Mobilization Lump Sum The lump sum amount shall be paid for utilizing partial payments as outlined below: (1) Fifty (50%) percent of the lump sum item shall be paid upon the completion of twenty-five (25%) Percent of the total contract amount (2) Seventy -Five (75%) percent of the lump sum item shall be paid upon the completion of fifty (50%) percent of the total contract amount. (3) One -Hundred (100%) of the lump sum item shall be paid upon the completion of seventy-five (75%) percent of the total contract amount. The above prices and payments shall include full compensation for all expected mobilization costs and the costs associated with the procurement and maintenance of bonds. I \DOFSFCT10\ pg. 2 Subsection 104.04 —Maintaining Traffic - shall include the following. It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic; the street(s) shall be posted for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to the commencement of work and shall clearly show the type of work, date and times that the `NO PARKING' is in effect. (For example, if street is to be patched on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, W EDNESDAY. JULY 7, 7:00 A.M. TO 6:00 P.M., PATCHING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean up operations completed. "NO PARKING" signs may be placed, maintained, and removed by a representative of the Contractor, the Traffic Control Supervisor, or a Flagger. All information on the "NO PARKING" signs, with the exception of the type of work, date, and times shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters in blue or black ink. The "NO PARKING" signs shall be in effect for one or two days only. In the event the Contractor deems it necessary to remove a vehicle that has not adhered to the "NO PARKING" notification, the Contractor shall first make every reasonable effort to locate and contact the owner of the vehicle. Should the Contractor be unable to locate the owner of the vehicle, the Contractor should notify the Engineer to arrange for any required towing. Ifthe "NO PARKING" sign has been in place for a minimum of24 hours, then the City will make every reasonable effort to remove the offending vehicle within four (4) hours of notification by the Contractor. The Contractor shall not be entitled to any additional compensation for delays associated with the towing of illegally parked vehicles. The Contractor shall have an approved Traffic Control Plan on site at all times. Traffic control signage on the construction site shall be set up in accordance with the approved traffic control plan and in accordance with the specifications. Work performed by the Contractor without an approved traffic control plan or when "NO PARKING" signs have not been placed as required by the specifications shall not be paid. The Contractor shal I also be subject to a pay deduction of up to $1,000.00 per occurrence per day for traffic control not in compliance with referenced specifications or requirements contained herein. Issues subject to deductions may include but are not limited to: • Traffic Control Supervisor not on the project site at all times (unless pre -approved by the Engineer) • An approved traffic control plan not on site • Traffic control device set up by flagging personnel unless under the guidance of the Traffic Control Supervisor • Traffic control signage not set up in accordance with the approved traffic control plans • Inadequate flagging personnel and/or traffic control devices The Engineer shall issue a written warning to the Contractor, Subcontractor, and/or Traffic Control Supervisor documenting the type of violation and the Engineer shall determine the deduction amount based on the Engineers' opinion of the infraction severity and the number of previous infractions. Upon issuance of the third violation, the Engineer may request the Subcontractor, Traffic Control Supervisor and/or flagging personnel be removed from the project. Removal from the project in which the violations were issued shall be in effect for the remainder of the year. The Contractor shall find replacement Traffic Control Subcontractor, TCS, and/or flagging personnel within two weeks of the third notice without an adjustment to contract price or working days or the Contract may be terminated and rebid. At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the Engineer will meet to discuss the progress of the work and the placement of traffic control devices including "NO PARKING" signs. The quantity of traffic control devices used that day and for the next day shall be agreed upon by pg. 3 the Contractor and the Engineer. Any necessary adjustments shall be made. At this time the Contractor shall also review with the Engineer the proposed means of handling parking and traffic control for the upcoming work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of their work. The Contractor shall maintain access at all times to all businesses within the project and shall communicate their schedule 48 hours prior to work to all businesses and residents effected by their work. Any changes in the traffic control as directed by the Engineer including additional signs, barricades, and/or flaggers needed in the field shall be immediately implemented. Traffic Control costs including but not I imited to furnishing equipment, equipment set up/removaUmodification, TCS and Flagging personnel, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all related incidental items required for traffic control under this contract shall be paid under Revision of Section 630, "Construction Zone Traffic Control". NO PARKING Wed July 7 7:00 AM - 6:00 PM PATCHING END OF SECTION p�, n 4 REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.01 - Authority of the Engineer - shall include the following: No phase of construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the Owner to stop work. During periods of Traffic Control non-compliance the work will be stopped and the Contractor may be assessed $1,000.00 per day, may forfeit payment of work and materials installed, and may lose contract working days as determined by the Owner. The Contractor shall not be entitled to compensation for delays associated with non- compliant periods. No construction shall commence until all utilities are located within the construction area per state law. The Contractor is responsible for identifying all utilities of concern and calling for appropriate locates. After contacting 811 to get locates, the Contractor may be required to call for clarification and/or additional locates, or may be required to contact the City of Fort Collins department associated with certain types of utilities. Due to the high demand of locate companies during the construction season, the City of Fort Collins recommends that the Contractor schedules a locate company at least one week in advance to minimize any possible delays. If the locate marks become expired then Contractor shall get an extension and request that the markings are redone and freshened up. If the Contractor does not have locates on a project scheduled to start work that day, the work shall be "stopped" and the Contractor shall be charged working days until that said marking is completed and work has commenced. Subsection 105.02 - Plans, Shop Drawings, Working Drawings, Other Submittals, and Construction Drawings - shall be amended to include the following: The Contractor shall furnish the required submittals in TABLE 105-1 one week before the commencement of work. Three (3) copies shall be furnished to the Engineer, two (2) copies will be returned to the Contractor upon approval. Submittals shall not be measured and paid for separately but shall be included in the work. Section No. TABLE 105-1 Description Approval Needed Reoccurring 105.10 Contractor Management Packet — Environmental Management System Yes No 108.03 Schedule of Work Yes Yes 208.02 Erosion Control Devices Yes No 208.04 Stormwater Management Plan Yes Yes 208.06 Spill Kit: List of items included within kit Yes No 401.02 Warm Mix Specifications Yes No 401.02 RAP stockpile testing and Gradation Yes No 401.02 Emulsified Tack Coat CSS-I H Yes No 630.11 TCS Qualifications (reoccurs when TCS and flaggers change) Yes No Subsection 105.09 - Coordination of Plans, Specifications, Supplemental Specifications, and Special Provisions - shall have the second paragraph removed and replaced as follows: In case of discrepancy the order of precedence is as follows: (a) Contract Agreement (b) Revisions to CDOT Standard Specifications (Project Special Provisions) (d) Standard Special Provisions (e) General Conditions (f) CDOT Standard Specifications for Road and Bridge Construction (g) CDOT M&S Standards (h) City of Fort Collins Development Construction Standards pg. 5 REVISION OF SECTION 105 CONTROL OF WORK Subsection 105.10 — Cooperation by Contractor -shall be revised to remove the following sentence: "The Contractor will be supplied with a minimum of 6 sets of contract documents" Subsection 105.10 shall be revised to include the following: The City of Fort Collins is committed to comply with the United States Environmental Protection Agency (EPA) and the Streets Department Environmental Management System (EMS) requirements that vehicles on City projects shall comply with the "Anti -Idling Policy" to reduce environmental impacts related to construction. Contractors and Subcontractors shall comply with turning off vehicles and equipment instead of idling for long periods (more than thirty (30) seconds after stopping at destination and/or not more than five (5) minutes aggregated within sixty (60) minutes). Exceptions for powering auxiliary equipment and for safety or health emergencies are allowed. The Contractor shall submit the Contractor Management Packet in accordance with Table 105-1 Summary of Contract Submittals Subsection 105.11 — Cooperation with Utilities - shall include the following: The Contractor shall coordinate with all utilities well enough in advance that utility improvements do not delay the Contractor's work. City Utilities, Parks, Traffic, Streets, concrete and utility contractors may perform work related to the project within or near the limits of this project. The Contractor shall conduct the Work without interfering or hindering the progress or completion of the work being performed by other contractors. The Contractor shall coordinate extensively with these entities to minimize traffic control and scheduling conflicts, and ensure timely completion of all the work. Reconstruction operations and/or concrete construction at intersections may involve the destruction and replacement of traffic signal loop detectors. The existing traffic signal loop detectors shall be removed by the Contractor at no additional cost as directed by the Engineer. The installations of new traffic signal identification devices shall be in place in prior to any opening of the roadways to traffic, unless approved by the Engineer. Subsection 105.12 — Cooperation Between Contractors - shall be removed and replaced with the following: The City, County, CDOT, and local utilities including but not limited to Xcel Energy, Comcast and CenturyLink may contract for and perform other or additional work on or near the Work of the project. When separate contracts are let within the limits of the project, each Contractor shal I conduct the Work without interfering or hindering the progress or completion of the work performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. City forces will perform the following work as required by this project: Permanent Signing Traffic Pedestals/Fiber Optic Lines Street Lights Traffic Coordination The Contractor shall coordinate with the City Traffic Engineer for all traffic control activities. This shall include, but not be limited to, closure of any City Streets, closure of any partial intersection movements, lane reductions, and detours. pg. 6 REVISION OF SECTION 105 CONTROL OF WORK City Traffic Control Contact: Syl Mireles Phone: (970)221-6815 Email: smirelesafceov.com The City will remove existing and install all pedestrian traffic signal equipment. City Traffic Signal Contact: Britney Sorenson Phone:970-222-5533 Email: bsorenson@fcaov.com The Contractor shall coordinate with the City Traffic Engineer to schedule the traffic signal work/fiberoptic line relocation in conjunction with other project activities taking into account time needed for order and delivery of materials. The Contractor shall cooperate with the City Traffic Department in their removal and installation operations so that progress is expedited, duplication of work is minimized, and impacts to traffic are minimized. The City will remove and install all permanent signing. City Signing and Striping Contact: Rich Brewbaker Phone:970-221-6792 Email: rbrewbaker@afcgov.com The Contractor is responsible for removal of pavement markings and installation and maintenance of temporary pavement markings necessary to control traffic during construction. Contractor shall remove the existing pavement markings and symbols with a water blast truck approved by the City Traffic Department. The installation and maintenance of temporary pavement markings shall be paid for in accordance with what is outlined in section 627. The Contractor shall coordinate with the City Traffic Engineer to schedule permanent signing and striping work in conjunction with other project activities. Full -compliance pavement markings in accordance with Section 627 shall be in place prior to opening the roadway to traffic. The Contractor shall cooperate with the City Traffic Department in their removal and installation operations so that progress is expedited, duplication of work is minimized, and impacts to traffic are minimized. Street Light Coordination City Light and Power Crews will remove and install all street lighting and associated electric utilities for the project. City Light and Power Contact: Luke Unruh Phone: (970) 416-2724 Email: lunruh fegov.com The Contractor shall cooperate with the City Light and Power Department in their removal and installation operations so that progress is expedited, duplication ofwork is minimized, and impacts to traffic are minimized. Refer to Utility specification for additional information. Each Contractor involved shall assume all liability, financial or otherwise, in connection with the Contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delay, or loss because of the presence and operations of Contractors working within the limits of the same or adjacent project. The Contractor is responsible to coordinate with private utilities. Any work to be performed by private utilities shall be identified in Contractor's schedule. Delays due to coordination issues will be the responsibility of the Contractor. pg. 7 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. 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. REVISION OF SECTION 105 CONTROL OF WORK Subsection 105.16 — Inspection and Testing of Work - shall include the following: The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Added costto inspect/test work due to lack of adequate notice will be deducted from Contractor pay. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. Subsection 105.19 — Maintenance During Construction - shall include the following: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area not be cleaned after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work and shall be in accordance with the most recent Dust Prevention and Control Manual located in Section 4000 of the contract documents. The Contractor shall maintain the streets during the construction process as described above. Upon completion of the work, the Contractor shall meet with the Engineer to confirm that the cleaning of the job site has been performed to City expectations and contractual obligations. All cost of maintaining the work during construction and before the project is accepted will not be measured and paid for separately, but shall be included in the work. Subsection 105.22 — Dispute Resolution - shall be revised to include the following:. - The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. END OF SECTION pg. 8 REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106 of the Standard Specifications shall be revised to include the following: Subsection 106.03 — Samples, Tests, Cited Specification - shall include the following: The City of Fort Collins will be responsible for all expenses associated with Quality Assurance (QA) and Independent Assurance (IA) testing. The Contractor shall be responsible for all Quality Control (QC) testing costs. Test frequencies shall be in accordance with the project specifications. CDOT Field Materials Manual and the approved Quality Control Plan (QCP). END OF SECTION P" y REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the Standard Specifications is hereby revised as follows: Subsection 107.02 — Permits, Licenses, and Taxes - shall include the following: Unless otherwise specified, the Contractor shall procure all required permits and licenses; pay all charges. fees, and taxes, including permits procured for this project by others; and give all notices necessary and incidental to the due and lawful prosecution of the work. The costs of these permits will not be paid for separately, but shall be included in the work. Prior to beginning work, the Contractor shall fumish the Engineer with a written list of all permits required for the proper completion of the contract. The list shall clearly identify the types of permits that must be obtained before work on any particular phase or phases of work can be started. Copies of the fully executed permits shall be furnished to the Engineer upon req uest. The Contractor shall comply with all applicable federal and state laws, orders, and regulations concerning the control and abatement of water and air pollution. The Contractor shall comply with the permits (or permit applications if in progress) even if they have not yet been finalized at the time of construction. Subsection 107.06 — Safety, Health, and Sanitation Provisions - shall be amended to include the following: Personnel on Street Maintenance Program (SMP) projects shall use protective equipment prescribed by Local, State, and Federal safety regulations to control or eliminate hazards or exposure to illness or injury. The Contractor and Subcontractors are responsible for providing and insuring the use of the required Personal Protective Equipment (PPE). Only Personal Protective Equipment complying with the Occupational Safety and Health Administration (OSHA) or American National Standards Institute (ANSI) regulations shall be used. The Contractor shall be responsible for the compliance of their employees and the Subcontractor's employees. The Contractor's safety representative shall make regular field inspections to audit and document compliance. An employee of the Contractor or Subcontractor who refuses to use the prescribed protective equipment designed to protect him/her or willfully damages such equipment constitutes cause forthe Engineer to request removal of the employee from the site. The Contractor's personnel shall be required to wear safety vests, hearing protection, safety glasses, hard hats, and steel toe boots while on the construction site(s). Subsection 107.12 — Protection and Restoration of Property and Landscape - shall include the following: The Contractor shall limit his work operations to within public right-of-way, permanent utility easements and temporary construction easements. The Contractor shall fence specific areas of vegetation to be protected in the field as shown in the plans or as directed by the Engineer. All construction operations must be performed in such a manner which will avoid protected trees and landscape areas. The Contractor shall perform all the work in such a manner that results in the least environmental damage. The Contractor shall clearly mark the vegetation protection areas and all construction/demolition limits in the field before commencing demolition operations. Limits of construction are generally defined as the limits of demolition. The fact that any underground facility - sprinkler systems, utility services, etc. - is not shown on the plans, details or construction documents shall not relieve the Contractor of his/her responsibilities as provided for in the Contract. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such underground improvements which may be subject to such damage by reason of his operations. Any pruning of vegetation shall require the written permission of the property owner and/or the Engineer. pg. 10 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC If the area of damaged landscape adjacent to a street repair is ten (10) inches or less in width, the Contractor shall clean the said area of all construction debris (i.e. asphalt, road base, etc.). The area shall be prepared with vertical edges and the entire damaged area shall be removed to a minimum depth of four (4) inches. The Contractor shall then place city approved topsoil, seed, and compact the area using a hand roller or another method approved by the Engineer. Ifthe area of damaged landscape adjacent to a street repair is ten (10) inches or more in width and more than twelve inches in length, the Contractor shall prepare the damaged area as stated above to a minimum of one (1) foot wide. Once this has been completed, the Contractor shall place sod over the prepared area, water once, and notify the property owner in writing of the nature of the work that has occurred, including the Contractor's obligation to water only once. The Contractor shall make every effort to minimize the need for sod placement. The placement of shouldering backfill and/or top soil for asphalt repair locations shall be completed within two (2) working days of the placement of the final asphalt surface course. Excavated soils from the repair locations (if approved by the Engineer) may be stockpiled on site and used as backfill for subgrade below the new Asphaltic Concrete installation below the top four (4) inches. Topsoil shall consist of loose friable river bottom or farmland loam, reasonably free of manmade materials subsoil, refuse, stumps, roots, rocks, brush, weeds, noxious weed seeds, heavy clay, hard clods, trash, toxic substances, or other material which would be detrimental to the proper development of vegetative growth. Topsoil shall have 100% passing the 1/4" screen and shall contain a combination of sand, clay, and friable loam. The Contractor shall submit a soil analysis or sample for approval by the Engineer. The topsoil shall be in a relatively dry state but shall contain sufficient moisture to allow compaction and shall be placed during dry weather. The topsoil shall be fine graded to eliminate rough and low areas and ensure positive drainage. The existing levels, profiles, and contours shall be maintained. Sprinkler systems - Sprinkler systems designated for relocation shall be capped off at the limits of construction and protected from damage by the Contractor. Sprinkler heads shall be salvaged and stockpiled on each property for use when reconstructing the sprinkler systems. Sprinkler systems damaged outside of the construction limits as a result of construction operations shall be replaced at the Contractor's expense within three (1) working days from the date of damage. All landscaping that is damaged due to construction operations shall be replaced by the Contractor at his/her expense unless a written waiver is obtained from the property owner and submitted to the Engineer. All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the Contractor in connection with the various items ofthe Work and no measurement or payment shall be made separately for the protection and restoration of landscaping and lawns. In areas where the Engineer directs new work or the reconstruction area requires grade adjustment, the placement of topsoil, sod, and sprinkler relocation will be provided by the City under separate contract. All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground facilities shall be considered incidental to the Work and shall not be measured and paid for separately. Subsection 107.18 is hereby removed and revised to include the following: For this project, all insurance certificates shall name the City of Fort Collins as an additionally insured party. For this project, insurance coverage shall meet the requirements and limits per CDOT Standard Specifications and Revision of Section 107.15 Responsibility for Damage Claims, Insurance Types and Coverage Limits. In case of conflict between the City's General Contract Conditions and CDOT Standard Specifications, the more stringent of the two shall apply. pg. 11 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Subsection 107.25 — Water Quality Control (c) - is hereby revised to include the following: All work associated with preparing, securing and concurring with the required permits (referto Revision of Subsection 107.02) will not be measured and paid for separately, but shall be included in the work. END OF SECTION pg. 12 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.03 - Schedule - shall include the following: A schedule of work must be submitted prior to starting work and shall include the number of working days per area to complete all work items covered by the contract but shall not exceed the allotted number of contract working days. Location of vicinity maps are referenced in Section 03500, Project Maps. The schedule should take any priorities into consideration and include projected start and/or end dates for each area. Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above. Subsection 108.05 — Limitation of Operations - shall include the following: The work shall be completed within the following calendar months: JAN FEB MAR APR IMAY JUN JUL AUG SFP OCT NOV DEC Subsection 108.08 — Determination and Extension of Contract Time - shall include the following: Work hours shall be 7:00 a.m. to 6:00 p.m., Monday through Friday, or as approved by the Engineer or restricted by the Traffic Department on the approved Traffic Control Plan. All Work identified within this contract is to be completed within one hundred (100) consecutive working days during the months of June through November. If work is required prior to the overlay and is completed under separate contract, the Engineer will notify the Contractor that the area is completed. The Contractor shall then mobilize to the area within five (5) working days after receiving notification of its accessibility for arterial streets and within eight (8) working days after receiving notification of its accessibility for collector and residential streets. Subsection 108.09- Failure to Complete Work on Time - shall include the following: Failure to mobilize to an area within days specified, or fully fulfill the project needs indicated within these contract documents in one hundred (100) consecutive working days, shall result in liquidated damages assessed against the Contractor. At the City's option, liquidated damages in the amount of $1,000.00 per day may be retained from any monies due the Contractor, or the City may retain an additional Contractor(s) to complete the work, or portion thereof, and retain any costs incurred above and beyond the bid prices of the Contractor for the project area/s from any monies due the Contractor in lieu of liquidated damages. F:ND Of- SFC'TION pg.13 REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised as follows: CONSTRUCTION REQUIREMENTS The following sentence in subsection 201.02 shall be removed: "Branches of trees extending over the roadbed shall be trimmed to give a clear height of 20 ft. above the roadbed surface." Subsection 201.02 shall be revised to include the following: "Branches of trees and shrubs shall be trimmed to 14 feet above the road When tree roots are encountered during construction operations, the Contractor shall notify the Engineer prior to root removal. The Engineer and the City Forester's representative shall then make a determination regarding removal. When it is apparent that the tree roots have heaved the -asphalt section, the Contractor shall remove the section(s) of asphalt as early as possible to allow time for inspection and to schedule root grinding operations, under separate contract. Root grinding will be scheduled as soon as possible to minimize delays in construction. Delays to planned work due to root grinding shall not be considered for additional traffic control payment or traditional days added to the total contract working days but shall be anticipated in the Contractor's schedule. Where it is anticipated that tree roots may be encountered, great care shall be taken by the Contractor to prevent any damage to the roots with tools or equipment. Damage to roots during concrete removal shall be trimmed and cut with a sharpened, sanitized saw, cut orthogonally to its longitudinal axis as closely as practical, to leave the freshly cut root surface in a clean and smooth condition. Axes or other blunt objects shall not be used to cut tree roots. BASIS OF PAYMENT Subsection 201.04 shall be amended to include the following: All costs for removing tree roots and branches shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work, and no measurement or payment shall be made separately for the removals. END OF SECT1O\ pg. 14 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 202.01 shall include the following: The intent of this specification is to specify materials and methods for the planing of existing pavement sections to remove the pavement to a specified depth, the removal and disposition of the ground material, and the preparation of the surface of the base material disturbed by the planing process. All workmanship and materials shall be in accordance with these specifications. CONSTRUCTION REQUIREMENTS Subsection 202.02 shall include the following: All areas marked for patching adjacent to new concrete installations within areas marked for planing operations shall be patched prior to the commencement of the planing. Subsection 202.09 — Removal of Asphalt Mat (Planing) - shall include the following: The Contractor shall provide a smooth surface suitable for the installation of new pavement to follow. The finished surface shall be free from ruts, grooves, ridges, soot, oil film and other imperfections of workmanship. The completed ground surface shall have a uniform textured appearance. It is the intent of this specification that the finished cross section ofthe roadway will be improved to eliminate excessive crown, excessive lips at the gutter pan areas and that the overall ride quality of the roadway section will be improved. The existing pavement shall be planed to the depth specified. Allowable tolerance for the pavement removal shall be t /,' from the specified depth. In areas where the planing process disturbs the existing subgrade/base course, the Contractor shall utilize a rubber tired roller to re -compact the sub-grade/base surface. This item will not be measured and paid for separately but shall be included in the price for Removal of Structures and Obstructions (Planing/Surface Preparation). If, in the opinion of the Engineer, the subgrade material/base course is unsuitable and will require ripping and re - compaction, the Engineer will direct the Contractor to perform the work in accordance with this specification, Section 203, "Excavation and Embankment". The method of work and payment are covered in the appropriate specification. Stockpiling of ground materials or cuttings shall not be permitted on the project site. All ground materials shall become the property of the City of Fort Collins and shall be delivered by the Contractor to the City's site at 1380 Hoffman Mill Road during regular business hours. At times when materials need to be delivered outside of regular business hours, the Contractor shall inform and get permission from the Engineer and arrange for a key to the facility. The equipment shall be capable of accurately and automatically establishing a finish profile grade along each edge of the machine within t '/<" of the specified depth The machine shall be equipped with a means to control the dust created by the cutting action and shall meet or exceed all local, state and federal air pollution laws and comply with the Dust Prevention and Control Manual located in section 4000 of the contract documents. A skid -steer style planer attachment or approved equal shall be used by the Contractor to perform the planing operation with an approximate width of two (T) feet. The equipment shall be self-propelled with sufficient power, traction, and stability to maintain adequate depth of cut and slope. The Contractor shall also provide adequate backup equipment (milling teeth, mechanical street sweepers, loaders, water truck, etc.) and adequate personnel shall be provided to insure that all cuttings are removed from the roadway pg. 15 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS daily, unless otherwise directed by the Engineer. In the event that the ground section is not paved back the same day as the planing, the Contractor shall provide access to the residents as directed by the Engineer. Access shall include the installation of temporary paper wedges/ramps for any/all locations that are identified as pedestrian access points, business access driveways, or as directed by the Engineer. The temporary wedges shall be installed as six inches horizontally to a one inch vertical rise (6:1 ratio) or a twelve inch horizontal to a one inch vertical rise (12:1 ratio), as directed by the Engineer. Special access shall be maintained for all citizens requesting special needs of access throughout the project. Driveways shall be ramped if the asphalt is below 2 inches along the curb prior to the release of traffic. Any structure raised over two (2) inches in an area accessible to traffic prior to the top surface overlay, must be approved by the Engineer and identified by additional traffic control devices prior to the release of traffic. For Collector and Residential streets, the allowable taper shall not be greater than one half inch vertical rise per six (6) inch distance from the structure. The Engineer may consider the use of temporary rubber shim tapers on a case by case basis. For Arterial streets, the taper shall be as directed by the Engineer depending on the situation. The Engineer shall require that the pavement planing operation be referenced from an independent grade control in those areas where the existing curb and gutter or roadway surfaces have deteriorated. In the event that the entire pavement width along a section of roadway has not been Planed to a uniform surface by the end of the work period resulting in a vertical longitudinal face exceeding one inch (1 ") in height, this longitudinal face shall be sloped in a manner acceptable to the Engineer so as not to create a hazard to traffic using the roadway during periods when the construction is not in progress. Traffic Control devices may be used in lieu of taper installation as approved by the Engineer. Acceptable Transverse faces that are present at the end of the working period shall be tapered at a 6:1 ratio (six (6") inches horizontally for each one ( I") inch of vertical drop.) The full size (50-inch drum or greater) planing machine shall not be operated within the close proximity to manholes, inlets, valve boxes and other obstructions that have not been lowered to avoid damageto these structures. (See Revision of Section 210 — Reset Structures for requirements for referencing structures during construction.) The approaches to and from these structures shall be tapered to allow a smooth transition over these structures to accommodate traffic Flow over the manhole, valve box or other obstruction. Where equipment comes into contact with tree branches and other plant material, the Contractor shall exercise suitable caution to avoid damage to all trees, shrubs, and other plant material. All trimming shall be performed by a licensed arborist previously approved by the City Forestry Division and under the direction of the Engineer 1"WNr; 61Z9111VlDiN91.31Ilul0all Subsection 202.11 shall be revised to include the following: The accepted quantities of Planing and Surface Preparation will be paid for at the contract unit price per square yard including haul. All curbs, gutters and other surfaces shall be cleaned of all debris and left in a neat and presentable condition at the end of each working day. It shall be the responsibility of the Contractor to maintain the jobsite until subsequent courses have been placed. Taper Planing shall consist of cold milling along the gutter at a depth specified by the Engineer, tapered to a depth on the other side of the mill of zero inches (0"). The width for Taper Planing shall be primarily six (6) feet. Taper Planing shall be paid at the contract unit price per lineal foot. The intent of line item 202.05 "Planing Support — Labor, Equipment, Materials" is to capture all of the costs associated with typical planing operations with the exception of the actual planning machine and the operators working directly with that said machine. All of these costs shall be paid for as a single hourly rate under line item 202.50. The placement and removal of asphalt ramps shall be paid for under line item "403.07 — HMA S 75/100 Hand pg. 16 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Patching - Remove and Replace.- Item 403.07 is paid for by the Ton used. No payment shall be made for ramps made with any other material (i.e. Asphalt millings, dirt, etc.) BASIS OF PAYMENT Subsection 202.12 is revised to include the following: Payment will be made under: Pay Item Pay Unit 202.01 Planing and Surface Preparation: Depth < 3" -Min Drum Width 70" Square Yard 202.02 Planing and Surface Preparation: Depth 3" <5"- Min Drum Width 70" Square Yard 202.03 Planing and Surface Preparation: Depth 5" < 10" - Min Drum Width 70" Square Yard 202.04 Taper Planing Adjacent to Gutter - Min Drum Width 70" Lineal Foot 202.05 Milling Support - Labor, Equipment, Materials Hour 202.06 Skid -Steer Style Milling < 3" - Drum Width 18-24" Square Yard 202.07 Skid -Steer Style Milling - Additional Inch Square Yard - Inch 202.08 Additional Saw cutting of asphalt - Min Depth 3" Lineal Foot The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work involved in Planing and Surface Preparation, complete -in -place, including haul, as shown on these plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION p& 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. 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 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 203.01 shall be removed and replaced with the following: This work shall consist of removing and disposing of the existing pavement, base or other soil material, preparing the subgrade for the subsequent course, and placing borrow in accordance with the specifications and in reasonably close conformity with the lines, grades, and typical cross sections shown on the plans or as designated by the Engineer. All excavation will be classified, "General Excavation", "Muck Excavation", as hereafter described. The Contractor shall dispose of all excavated material off -site in an environmentally responsible manner. Subsection 203.02 — Excavation - shall be removed and replaced with the following: (a) The excavation will be accomplished in the following manner: General Excavation: The pavement areas to be removed will be marked on the surface by the Engineer with paint. A straight vertical cut shall be made through the pavement to provide a square or rectangular opening, such that each edge will be parallel or at right angles to the direction of traffic. Wheel cutting, ripping, and tearing of asphalt using construction equipment such as a grader (blade) shall not be allowed. After the material has been removed to the depth specified by the Engineer, the Contractor shall prepare the subgrade by compacting with a sheepsfoot roller, rubber tired roller and/or other compaction equipment as approved by the Engineer. The subgrade preparation shall not be measured and paid for separately, but shall be included in the contract unit price for General Excavation. (c) Muck Excavation shall be accomplished in the following manner: Where excavation to the finished grade section (including General Excavation and Patching) results in a subgrade of unsuitable soil, the Engineer may require the Contractor to remove the unsuitable materials and backfill to the finished grade section with approved material (asphalt or borrow). After the material has been removed to the depth specified by the Engineer, the Contractor shall prepare the subgrade with a sheepsfoot roller, rubber tired roller, vibratory plate, steel drum roller, and/or other compaction equipment as approved by the Engineer. The subgrade preparation shall not be measured and paid for separately but shall be included in the contract unit price for Muck Excavation. (e) Borrow shall be accomplished in the following manner: Borrow material shall meet the grading requirement for Class I (Pit Run) or Class 5 through 7 (Road Base) Aggregate Base Course. (The Class I Aggregate Base Course does not need to be crushed and can be of the pit run variety provided it falls within the gradation requirements as shown in CDOT table 703-3.) The material required for a specific location shall be directed by the Engineer. Borrow shall be placed as directed by the Engineer. The minimum amount of borrow shall be one load (approximately ten (10) tons). The cost for water conditioning for compaction shall be included in the contract pg. 18 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT unit price for Borrow. Borrow (shouldering) shall consist of/4" minus crushed recycled asphalt material placed to daylight the newly paved shoulder to existing grade over a five (5) foot length with a maximum depth of four (4) inches. Payment shall include material, haul, placement, trim, compaction, and clean-up. METHOD OF MEASUREMENT Subsection 203.13 shall include the following: (a) General Excavation shall consist of the excavation and disposal off site or use on site of all materials of whatever character required for the work not being removed under some other item. Muck Excavation shall consist of the removal of unstable soils unsuitable for construction not being removed under some other item. The Contractor and the Engineer shall field measure and agree upon the excavated quantity before any further work continues. Should the Contractor fail to request the Engineer to measure any work and perform other work that would prevent the Engineer from measuring pay quantities, the Contractor shall not be compensated for materials not measured by the Engineer. The accepted quantities of Excavation will be paid for at the contract unit price per cubic yard. Subgrade preparation, haul and disposal will not be measured and paid for separately. The accepted quantities of Borrow shall be paid for at the contract unit price per ton. Compaction and haul will not be measured and paid for separately. BASIS OF PAYMENT Subsection 203.14 shall include the following: Payment will be made under: Pay Item Unit 203.01 General Excavation —Less Than 100 CY Cubic Yard 203.02 General Excavation —Over 100 CY Cubic Yard 203.03 Muck Excavation Cubic Yard 203.04 Borrow (Complete in Place) — Less Than 100 Ton Ton 203.05 Borrow (Complete in Place) —Over 100 Ton Ton 203.06 Borrow (Shouldering - Complete in Place)'/d' Minus RAP Lineal Foot The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all the work involved in Excavation and Borrow including haul, stockpiling, placing material, watering or drying soil, compaction, proof rolling, finish grading and disposal of unusable materials, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION pg. 19 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 208.01 shall be revised as follows: This work shall consist of constructing, installing, maintaining, and removing when required, erosion control measures during the life ofthe Contract and at a minimum at all inlets to prevent or minimize erosion, sedimentation, and pollution of any waterways. Work shall be in accordance with the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition), The City of Fort Collins Urban Drainage and Flood Control District Urban Drainage Criteria Manual, and the City of Fort Collins Environmental Standard Operating Procedures contained herein, Section 04000. Any loss of time or materials related to erosion and erosion control shall be the sole responsibility of the Contractor. Any damage to surrounding properties or facilities (either onsite or offsite) related to erosion caused by construction of this project, will be the sole responsibility of the Contractor MATERIALS Subsection 208.02 shall be revised to include the following: Contractor shall submit the type of material to be used for erosion control measures priorto beginning the work. See Details Section 03000 contained herein. 1. Inlet protection shall include sufficient length to protect around the perimeter of the inlet opening. 2. Erosion control devices around inlets near a load site shall be required. 3. Erosion control devices on the downstream side of an aggregate stockpile or truck washout area shall be required. Recycled Rubber Inlet Protection shall meet the following requirements: 1. Infill material: Shredded recycled rubber 2. Weight: approximately 10 lbs per linear foot 3. Diameter: Approximately 9 inches 4. Geotextile fabric: Made of a durable fabric with atypical weight of 6-10 oz/yd. CONSTRUCTION REQUIREMENTS Subsection 208.03 shall be revised as follows: All erosion control measures must be installed prior to starting work. It shall be the responsibility of the Contractor to ensure that all roadways near the project are kept clean of construction debris and sediment. Maintenance The Contractor shall continuously maintain all erosion and sediment control features so that they function properly during site construction. All inlet protection devices shall be inspected and repairs made after each runoff event. Sediments shall be removed when one half the design depths has been filled. Sediments shall also be removed immediately from the traveled way of roads and disposed of properly. pg. 20 REVISION OF SECTION 208 EROSION CONTROL Subsection 208.04 — Best Management Practices for Stormwater - shall be amended to include the following: The Erosion Control Supervisor (ECS) is responsible for paperwork including completion of a Stormwater Management Plan (SWMP) in the submittal process, 14 calendar day inspections, and post storm inspection shall be conducted within 12 hours following a storm event. On the 14 day inspection the ECS should use the project mapping in Appendix B of the SWMP to record any modifications of the sediment control system or maintenance actions taken. If a storm occurs, the post storm is equivalent to a 14 day inspection, and the next inspection would occur 14 days after the last storm. ECS should make daily inspections of erosion control features on thejob to ensure compliance and correct the control features when needed. A daily inspection is not required the day of 14 calendar day inspection. 14 day inspections will be paid upon submission and Engineer feels that Contractor has been compliant with SWMP best practices. Subsection 208.06 - Materials Handling and Spill Prevention - shall be amended to include the following: Appropriate Spill Kits shall be onsite with each piece of equipment at all times during installation of the Work and during equipment maintenance and Fueling (see Section 04000 ESOP). The Contractor shall submit a description of the items contained in each Spill Kit for approval by the Engineer. METHOD OF MEASUREMENT Subsection 208.11 is revised to include the following: Payment for Wattles (rock bags and recycled rubber bags) shall be made by the lineal foot for inlet protection at each location as required and accepted by the Engineer. The length shall be sufficient to protect the opening and sides of the inlet grate. A maximum of four (4') lineal foot additional to the opening width shall be paid. Excessive lengths shall not be paid. When a protection device is installed at a new location, whether the protection device is new or has been relocated, an additional lineal foot payment will be made for the protection of the location. Devices that become non-functional during construction shall not be paid. A protection device shall be installed at load sites and on the downstream side of stockpiles, base piles, and truck washout areas, or as directed by the Engineer and shall not be measured and paid for separately. Excavation required for removal of accumulated sediment from traps, basins, and other clean out excavation of accumulated sediment, and the proper disposal of sediment, shall be considered incidental to the work and not be measured and paid separately. All construction material that enters an inlet due to the Work shall be removed from the inlet interior and removed from the site to an approved disposal location. This work shall not be measured and paid for separately. Street sweeping will not be measured or paid for separately but shall be incidental to the work. Erosion control measures used during saw cutting are considered incidental to all saw cutting operations and shall not be paid for separately. BASIS OF PAYMENT pg. 21 REVISION OF SECTION 208 EROSION CONTROL Subsection 208.12 is revised to include the following: Payment will be made under: Pay Item Unit 208.01 Rock Wattle 208.02 Crumb Rubber Wattle 208.03 Silt Fence Units Lineal Foot Lineal Foot Lineal Foot The prices and payments for erosion control devices shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in installing, maintaining, removing, and relocating when required, erosion control measures, as shown on the plans, as specified in these specifications, and as directed by the Engineer. LND OF SECTION pg. 22 REVISION OF SECTION 210 RESET STRUCTURES Section 210 of the Standard Specifications is hereby revised as follows: CONSTRUCTION REQUIREMENTS Subsection 210.02 is revised to include the following: Manholes, valve boxes, meter boxes, and all other similar structures located in the pavement shall be adjusted as noted below. Priorto beginning any construction on existing streets that will receive reconstruction and/or overlay, the Contractor shall mark on the curb and gutter with paint the location of all existing structures. These markings shall be maintained by the Contractor until the work has been completed and accepted by the Engineer. The Contractor shall do all work needed to ensure that said structures can be readily adjusted and shall have all necessary materials on hand prior to commencing the work. Contractor shall verify that manholes and valve boxes can be adjusted priorto the overlay. In the event they cannot be adjusted to final grade, or properly fitted with rings, the Contractor shall excavate and adjust prior to the overlay as noted below. In locations where a structure to be adjusted is surrounded by a concrete collar, the concrete collar shall be removed and replaced with Hot Mix Asphalt (HMA). HMA Grading S shall be used in all locations All Patching shall be performed with HMA Grading S unless otherwise directed by the Engineer. In locations where curbside patching is being performed prior to a scheduled milling operation, the Contractor shall leave the patches one to one and a half inches ( I to 1 '/") below the toe of the concrete unless directed otherwise by the Engineer. Pavement removal (concrete or asphalt) and placement of Asphalt material (Hot Mix Asphalt) utilized for structure adjustment, including S, and SX, shall be paid for under the contract unit price for "Hand Patching." Subsection 210.10 — Adjust Structure - is revised to include the following: The Engineer shall determine the method of adjustment for each structure. Valve boxes shall be adjusted by one of the following methods: 1. Adjust by removing the existing pavement (concrete or asphalt) if needed, adjusting the valve by turning it to the proper grade (heating the valve riser is acceptable, do not burn the asphalt), trimming the existing asphalt by cutting vertical edges, then spreading and mechanically compacting asphalt material. This item will be measured and paid for separately under "Adjust Valve Box", not including bituminous material. The Contractor shall be responsible for cost to remove debris dropped down the valve riser column during adjustments. 2. If the valve box cannot be turned up or can be turned up, but not sufficiently to achieve the proper grade or if the top section of valve box is in poor condition, the Contractor shall excavate around the top section of the valve box, and remove and replace the top section with a longer section. The top section part will be measured and paid for separately under the terms of this Contract. The excavation shall then be back filled with Non -Shrink backfill to the top of subgrade, and then material of the same grade and quality as the adjacent pavement shall be placed. Flowfill installation may be modified by the Engineer. A mix design for Non -Shrink backfill shall be submitted and approved prior to starting work. These items shall be measured and paid for separately under "Adjust and Replace Top Section of Valve Box", not including the top section part or bituminous material. Non -Shrink backfill -- also called Flowable Fill or Unshrinkable Fill -- shall be a Portland Cement Concrete Mix. The cement shall conform to the Standard Specifications for Portland Cement, ASTM C 150-85, Type 1/11. The minimum 24 hour strength shall be 10 psi and the maximum 28 day strength shall be 60 psi. The maximum aggregate size shall be one inch (1"). The minimum slump shall be six inches (6") and the pg. 23 REVISION OF SECTION 210 RESET STRUCTURES maximum, eight inches (8"). The non -shrink backfill shall be consolidated with a mechanical vibrator. 3. Adjust with adjusting rings or Screw Type Adjustable Risers. These items will be measured and paid for under "Adjust Valve Box with Ring" or "Adjust Valve Box -Tyler 6860 Series, Item R 69, Screw Type Adjustable Riser", including material (parts). All valve boxes in the roads shall be adjusted to three -eighths inch (3/8") to one-half inch (1/2") below the pavement The Contractor shall exercise reasonable care while attempting to adjust the valve boxes. If the Contractor is negligent and breaks the valve box, said valve box shall be replaced at the Contractor's expense. Adjusting rings for valve boxes shall be of the type manufactured by the Tyler Manufacturing Company or an approved equal. Valve Box Top Section, Screw Type Adjustable Risers, and Extensions shall be of the type manufactured by the Tyler Manufacturing Company, 6850 or 6860 Series, as approved by the Engineer. Manholes shall be adjusted by one of the following methods: Adjust by removing an area of pavement (concrete or asphalt) with a minimum diameterone foot (l') larger than the structure (centered on the structure) by cutting vertical edges, adjusting the manhole by grouting concrete rings and/or utilizing galvanized steel shims to raise the structure to the proper grade, then spreading and mechanically compacting bituminous material. Patching around manholes shall not be square around any adjustment. This item will be paid for under the corresponding items of 210.10 or 210.11 depending on the size of the manhole. This process will not including asphalt material which shall be paid for under line item 403.07. Adjust with adjusting rings. This item will be measured and paid for separately under "Adjust Manhole with Locking Ring". Standard/non-adjustable paving rings are not permitted on arterial streets, collector streets, or in the wheel path of a travel lane. Contractor shall verify that the manhole can properly be adjusted with a ring to the proposed grade prior to beginning the overlay. The Engineer may allow turnbuckle style paving rings that tighten into place securely. All manhole access structures shall be adjusted to be one -eighth (1/8") inch minimum (low side) and one half - inch (1/2") maximum (high -side) below the pavement. When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and traverse directions. The inside shall be grouted when the Owner is The City of Fort Collins and shall not be grouted when the Owner is the Fort Collins Loveland Water District. Any manhole cover which is unstable or noisy under traffic shall be replaced by the Contractor. If the structure is adjusted during the planing or patching operation, the Contractor shall place asphalt material around the structure as directed by the Engineer to insure that it will not be a hazard to vehicular traffic. The Contractor shall be responsible for immediately cleaning and removing any construction materials that may have entered the manhole, valve box, or other structures during the construction process. In the event that a structure was not properly adjusted (i.e. too high or too low), written notice will be given by the Engineer to the Contractor requiring the Contractor to make the necessary adjustments within five (5) working days. In the event that the structure is not adjusted within said time frame, the Engineer shall have the right to engage a third party to complete the work. and to withhold the cost of such work from payments due the Contractor. The Engineer will also notify the Contractor in writing of any structures that were covered during the paving pg. 24 REVISION OF SECTION 210 RESET STRUCTURES operation. The Contractor shall then have five (5) working days to make said structure accessible or will be subject to the constraints of the previous paragraph with respect to a third party completing the work. In the unlikely event that a structure is adjusted after the overlay is complete, the Contractor must exercise care not to damage the new pavement surrounding the structure. The asphalt material used to patch the manhole adjustment shall be unmodified Grading S. Manhole Incentive Manhole access structures on arterials located in the roads (typically vehicular wheel paths or bike lanes) shall fall into the following incentive program if the requirements outlined below are met: Each manhole located on an arterial roadway accessible to a vehicle wheel paths or bike lane, identified by the Engineer, must be at an elevation of one -eighth (I /81h) inch to one -quarter (1 /4") inch below the final asphalt profile. This measurement shall be taken after compaction has been completed, using an eight to ten foot straight -edge, both parallel and horizontally to the roadways vehicle traffic. The typical processes and procedures of manhole adjustments shall remain the same as outlined in Section 210 of the LUCASS standards and the special revisions contained herein this document. The Engineer reserves the right to deny all incentives if he/she deems the asphalt work surrounding the manhole has been compromised to achieve the incentive payment (overheating, over -raking, segregation, lack of compaction, rideability, etc.). If the Engineer finds (on his/her measurement) that the said manhole meets the allowed tolerance for the arterial manhole incentive described above, the incentive shall be paid for as per line item 210.17 "Arterial Manhole Incentive Achieved", which shall be a one-time five -hundred dollar ($500) payment for each individual manhole. METHOD OF MEASUREMENT Subsection 210.12 shall include the following: The accepted quantities of Adjust Manholes, Valve Boxes, and Meter Boxes will he paid for at the contract unit price per each. Non -shrink backfill, concrete, haul and disposal will not be measured and paid for separately but shall be included in the contract unit price for each type of adjustment. BASIS OF PAYMENT Subsection 210.13 shall include the following: Payment will be made under: Pay he Unit 210.01 Reset Mail Box Each 210.02 Adjust Valve Box Each 210.03 Adjust Valve Box with Ring Each 210.04 Adjust Valve Box with Tyler 6860 Series, Item R 69, Screw Type Adjustable Riser Each 210.05 Adjust and Replace Top Section of Valve Box Each 210.06 Tyler 6850 Series, Item 58, 14" Valve Box Extension (Part Only) Each pg. 25 REVISION OF SECTION 210 RESET STRUCTURES 210.07 Tyler 6860 Series 16" Valve Box Top Section Without Lid (Part Only) Each 210.08 Tyler 6860 Series 26" Valve Box Top Section without Lid (Part Only) Each 210.09 Total Valve Box Replacement, Tyler 6860 Series, 30" Bottom Section Each 210.10 Adjust Standard Manhole <24" Each 210.11 Adjust Special Manhole > 24" Each 210.12 Adjust Manhole with Ring Each 210.13 Adjust Manhole with Locking Ring < 24" dia., < 3" height Each 210.14 Adjust Manhole with Locking Ring < 24" dia., > 3" height Each 210.15 Adjust Manhole with Locking Ring > 24" dia, <_ 3" height Each 210.16 Adjust Manhole with Locking Ring >24" dia, > 3" height Each 210.17 Arterial Manhole Incentive Achieved S500/Each The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in adjusting structures, complete -in -place, including non -shrink backfill, concrete, haul and disposal, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECT10\ pg. 26 REVISION OF SECTION 306 RECONDITIONING/ASPHALT RECYCLING Section 306 of the Standard Specifications is hereby revised as follows: CONSTRUCTION REQUIREMENTS Subsection 306.02 is revised to include the following: Reconditioning shall consist ofscarifying and compacting the top 8"of the entire subgrade. Sufficient water shall be added to meet the density requirements as specified. The subgrade shall be thoroughly mixed and moistened to full depth and compacted as specified in Section 203.07. The reconditioned surface shall not vary above or below the lines and grades as staked by more than 0.04 foot under asphalt or concrete pavement, or 0.08 foot under aggregate base course. The surface shall be tested prior to application of any base course or pavement. All defective work shall be corrected as directed. The surface shall be satisfactorily maintained until base course or pavement has been placed. Asphalt Recycling shall consist of homogeneously pulverizing and mixing the existing asphalt roadway and underlying base material to a depth as determined by the Engineer. Care shall be taken to insure that the recycling process does not extend into the subgrade material. The resulting mixture shall be pulverized and blended to the satisfaction of the Engineer and meet the following requirements: Minimum Passing 1'/" 97-100 % Minimum Passing No. 1 Sieve 60-65 % The equipment required for Asphalt Recycling shall be a self-propelled, rotary cross shaft mixing machine with a minimum of 400 horsepower and equipped with carbide -tipped teeth. This machine must be capable of making consecutive passes until the gradation requirement is met. The mixer shall be capable of pulverizing and mixing to a minimum depth of 18". The subcontractor performing Asphalt Recycling must have previous experience in the field of in -place Asphalt Recycling. METHOD OF MEASUREMENT Subsection 306.03 is revised to include the follo A ing: The accepted quantities of Reconditioning and in place Asphalt Recycling will be paid for at the contract unit price per square yard. BASIS OF PAYMENT Subsection 306.04 is revised to include the following: Payment will be made under: Pa Iv tem Unit 306.01 Subgrade Preparation Square Yard 306.02 Asphalt Recycling (5-12") Bomag and Prep Square Yard The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work involved in Reconditioning and Asphalt Recycling, complete -in -place, including compaction, wetting or drying, and finish grading, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTIC)\ pg. 27 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. 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. REVISION OF SECTION 307 STABILIZED RECYCLED BASE SUBGRADE - CLASS C FLY ASH Section J07 of the Standard Specification is hereby revised as follows: DESCRIPTION Subsection 307.01 is revised to include the following: This item shall consist oftreatino. the subgrade, existing sub -base or existing base, by pulverizing, adding Class C fly ash, and mixing and compacting the mixed material to the required density. This item applies to natural ground or embankment and shall be constructed as specified herein and in conformity with the typical sections, lines and grades as shown on the plans or as established by the Engineer. MATERIALS Subsection 307.02 is revised to include the following: Fly Ash - Fly Ash shall meet ASTM C 618 for Class C Fly Ash. Water - The water used in the stabilized mixture shall be potable. CONSTRUCTION REQUIREMENTS Subsection 307.04 is revised to include the following: EQUIPMENT The machinery, tools and equipment necessary for proper prosecution of the work shall be on the project and approved by the Engineer prior to the beginning of construction operations. All machinery, tools, and equipment used shall be maintained in a satisfactory and workmanlike manner. Fly ash is furnished in trucks. Each truck shall have the weight of fly ash recorded on certified scales. CONSTRUCTION METHODS General It is the purpose ofthis specification to secure a completed course oftreated material which contains a uniform fly ash/soil mixture with no loose or segregated areas; has a uniform density and moisture content; is well bound for its full depth. and has a smooth surface suitable for placing subsequent courses. It shall be the responsibility of the Contractor to regulate the sequence of his work; to process a sufficient quantity of material to provide full depth as shown on the plans; to use the proper amounts of fly ash; to maintain the work; and to rework the courses as necessary to meet the above requirements. Preparation of Subgrade Before other construction operations are begun, the subgrade shall be graded, moisture conditioned, and shaped to enable the fly ash treatment of materials in place, in conformance with the lines, grades, and thickness shown on the plans. The subgrade elevation shall anticipate the entire of fly -ash material incorporated into the subgrade. Application The fly ash shall be spread by a method approved by the Engineer at the rates shown on the plans or as directed by the Engineer. Fly ash shall not be applied when wind conditions, in the opinion of the Engineer, are such that blowing fly ash becomes objectionable to traffic or adjacent property owners. pg. 28 REVISION OF SECTION 307 STABILIZED RECYCLED BASE SUBGRADE - CLASS C FLY ASH During final mixing, the materials shall be sprinkled with water, as directed by the Engineer, until the proper moisture content has been secured. However, initial mixing after the addition of fly ash will be accomplished dry, or with a minimum of water, to prevent Fly ash balls. Final moisture content of the mix, prior to compaction, shall not exceed the optimum moisture content of the mix by more than 2%, nor be less than optimum by more than 2%. Should the natural moisture content of the soil be above the specified range, aeration of the soil may be required prior to addition of the fly ash. Mixing The soil and fly ash shall be thoroughly mixed by approved road mixers/recyclers or other approved equipment. The mixing shall continue until, in the opinion of the Engineer, a homogeneous, friable mixture of soil and the mixture should be added after initial mixing. There shall be a 6" overlap between passes to assure a consistent mix. Compaction Compaction of the mixture shall begin immediately after mixing of the fly ash and shall be completed within 2 hours following addition of water to the fly ash. The material shall be sprinkled as necessary to maintain the optimum moisture. Compaction of the mixture shall begin at the bottom and shall continue until the entire depth of mixture is uniformly compacted to the specified density using a sheepsfoot roller. All non -uniform (too wet, too dry, or insufficiently treated) areas which appear shall be corrected immediately by scarifying the areas affected, adding or removing material as required, and reshaping and re -compacting by sprinkling and rolling. The surface of the course shall be maintained in a smooth condition, free from • undulations and ruts, until other work is placed thereon or the work is accepted. The stabilized section shall be compacted to the extent necessary to provide the density specified below. DESCRIPTION DENSITY For fly ash treated subgrade, existing subbase or existing Not less than 95% maximum dry density base that will receive subsequent subbase or base courses. (ASTM D 698) For fly ash treated base that will receive surface course. Not less than 97% maximum dry density (ASTM D 698) In addition to the requirements specified for density, the full depth of the material shown on the plans shall be compacted to the extent necessary to remain firm and stable under construction equipment. After each section is completed, tests as necessary will be made by the Engineer. If the material fails to meet the density requirements, the Engineer may require it to be reworked as necessary to meet those requirements or require the Contractor to change his construction methods to obtain required density on the next section. Throughout this entire operation the shape of the course shall be maintained by blading, and the surface, upon completion, shall be smooth and in conformity with the typical section shown on the plans and to the established lines and grades. Blading should be terminated within 2 hours after blending of the fly ash. Should the material, due to any reason or cause, lose the required stability, density or finish before the next course is placed, or the work is accepted, it shall be reprocessed, re -compacted, and refinished at the sole expense of the Contractor. Reprocessing shall follow the same pattern as the initial stabilization, including the addition of fly ash. Finishing. Curing, and Preparation for Surfacing After the final layer or course of the treated subgrade, subbase or base has been compacted, it shall be brought to the required lines and grades in accordance with the typical sections. (a) The resulting base surface shall be thoroughly rolled with a pneumatic tire roller and "clipped", "skinned', or "tight bladed' by a power grader to a depth of approximately 1/4", removing all loosened stabilized pg. 29 REVISION OF SECTION 307 STABILIZED RECYCLED BASE SUBGRADE -CLASS C FLY ASH material from the section. Re -compaction of the loose material should not be attempted. The surface shall then be thoroughly compacted with the pneumatic roller, adding small increments of moisture as needed during rolling. If plus No. 4 aggregate is present on the surface of the mixture, one complete coverage of the section with the flat wheel roller shall be made immediately after the "clipping" operation. When directed by the Engineer, surface finishing methods may be varied from this procedure provided a dense, uniform surface, free of surface compaction planes, is produced. The moisture content of the surface material must be maintained within the specified range during all finishing, and shall proceed in such a manner as to produce, in not more than 2 hours, a smooth, closely knit surface, free of cracks, ridges, or loose material conforming to the crown, grade and line shown on the plans. (b) After the fly ash treated course has been finished as specified herein, the surface shall be protected against rapid drying in a thorough and continuously moist condition by sprinkling for a period of not less than 3 days. or until the surface or subsequent courses are placed. METHOD OF MEASUREMENT Subsection 307.13 is revised to include the following: Fly ash treatment of the subgrade, existing subbase, and existing base shall be measured by the square yard to neat lines as shown on the typical sections. Payment is based on the square yards of the finished product. No payment shall be made for overlapping treatment sections. BASIS OF PAYMENT Subsection 307.14 is revised to include the following: Work performed and materials furnished as prescribed by this item and measured as provided under"Measurement" will be paid for as follows: Pay Item Unit 307.10 Class C Fly Ash Treated Subgrade Delivered and Spread 12" Depth, 12%by Weight —Tilled, Watered, Compacted Square Yard 307.20 Stabilize Subgrade — Tilled & Watered & Compacted Square Yard "Fly Ash Treated Subgrade" will be paid for at the unit price bid per SY. The unit price bid shall be full compensation for all correction of secondary subgrade; for loosening, mixing, pulverizing, spreading, drying, application of fly ash, and maintaining. for all curing, incl uding al I curing water and/or other curing materials; for all manipulations required; and for all hauling and freight involved: for all tools, equipment, labor, and for all materials necessary to complete the work, including fly ash, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION pg. 30 REVISION OF SECTION 401 PLANT MIX PAVEMENTS - GENERAL Section 401 of the Standard Specifications is hereby revised as follows: MATERIALS The following two paragraphs shall be deleted from Subsection 401.02 (ax3) "A sufficient quantity of each aggregate for the Department to perform the tests specified in Section 3.2. l of CP 52.- "The Contractor's proposed job mix formula for each hot mix asphalt grading will be tested by the Department utilizing materials actually produced and stockpiled for use on the project" Subsection 401.02 - Composition of Mixtures - is hereby revised to include the following: Requests made in writing by the Contractor for changes in the job mix formula will be considered by the City Engineer. A job mix formula shall be determined by the Contractor and submitted to the Project Manager for approval a minimum of one week prior to the beginning of construction for each proposed change. The Contractor shall provide a report from an independent testing laboratory acceptable to the Project Manager. The report shall state the Superpave properties, optimum oil content, job mix formula, and recommended mixing and placing temperatures. The costs for all job mix formulas shall be the responsibility of the Contractor. Mix design verification testing shall be the responsibility of the Contractor. A minimum of one verification per mix design or one per 10,000 ton of mix used shall be provided to confirm oil content, gradation, air voids, VMA, and stability. The Contractor shall keep a log of tonnage produced by the plant for each mix and the necessary verification testing for presentation to the Engineer as demanded. Contractor mix designs shall be prepared by an independent laboratory acceptable to the Engineer and approved for use in the City of Fort Collins. The criterion for the mix design is as follows: Designed according to most recent set of SUPERPA VE Specifications available at the time ofthis contracts signing, and the requirements for Hot Mix Asphalt (HMA) from Chapter 22 of the Larimer County Urban Area Street Standards (LCUASS) Warm mix asphalt (WMA) with foaming equipment approved by CDOT CP-59 shall be used by the Contractor unless otherwise directed by the Engineer. The Contractor shall submit CDOT approval, the proposed delivery and compaction temperature range for the foamed and unfoamed mix, for approval by the Engineer. The Contractor shall prepare a quality control plan outlining the steps taken to minimize physical and temperature segregation of (HMA). This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. A maximum of 20%recycled asphalt pavement (RAP) shall be incorporated in all HMA mix Gradings (SG, S, and SX) in both top and bottom lifts. RAP content shall be processed and mixed to produce a homogenous material of known gradation and oil content. Testing of the processed RAP pile intended for use during the season shall be submitted for review, and shall be available for inspection as requested. Emulsified Asphalt for tack coat shall be Grade CSS-1 h. The tack coat shall consist of a 1:1 dilution (one (1) part emulsified asphalt to one (1) part water). The application rate for tack coat shall be approximately 0.2 to 0.3 gallons per square yard with a target residual asphalt content (AC) of.12 to .15 or as directed by the Engineer. Contractor shall submit the intended manufacturer material handling procedures to assure a quality application to achieve the desired residual AC rate. The surface to which tack coat material shall be applied shall be cleaned of all dirt, dust and grit to facilitate proper adherence of the tack and subsequent lifts. The Engineer may require supplemental pg. 31 REVISION OF SECTION 401 PLANT MIX PAVEMENTS - GENERAL application of tack coat material, if failure to properly clean the lower surface results in areas of missing or lost tack coat. Failure to properly tack coat the lower surface in advance of the overlay will results in a stop work order. The design mix for Grading S, SX, and SG shall conform to the current Larimer County Urban Area Street Standards and the following: Property Test Method Grading SX Grading S Grading SG Minimum Dry Split Tensile Strength, kPa (psi) CPL 5109 Method B 205 (30) 205 (30) 205 (30) Grade of Asphalt Cement Top Layer PG 64-22 PG 64-22 PG 64-22 Grade of Asphalt Cement Layers Below Top *PG 58-28 PG 64-" PG 64-22 PG 64-22 Voids in the Mineral Aggregate (VMA) % minimum CP 48 (a) (a) (a) Voids Filled with Asphalt (VFA) % Al MS-2 (b) (b) (b) *PG 58-28 is to be used on residential and minor collectors and the lower lifts of Major collector roads. a. Current CDOT Design Criteria b. Residential 75. Collector 75, Arterial 75 — See Table 22-4 LCUASS CONSTRUCTION REQUIREMENTS Subsection 401.12 — Surface Conditioning - shall be revised to include the following: A straight vertical cut shall be made through the pavement to provide a square or rectangular opening, such that each edge of the finished patch will be parallel or at right angles to the direction of traffic unless otherwise approved by the Engineer. Tack coat shall be placed against clean, vertical edges on all sides of the area to be patched. All patched areas in pavement that will not be overlaid shall be saw cut unless otherwise approved by the Engineer. The Contractor shall be responsible for the protection of the subgrade/base course until subsequent courses have been placed. If the surface of the road has irregularities after the planning process has been completed and/or once the prep work is completed, the Engineer may require leveling courses to be placed on the surface course prior to the top lift overlay. This process may consist of performing fills on certain settlements, or a full width leveling process. The Contractor shall perform this work just prior to the top lift overlay, unless directed differently by the Engineer. Leveling courses must be tacked prior to the overlay. Subsection 401.16 - Spreading and Finishing - shall be revised to include the following: HMA Grading S (75) PG 64-22 shall be used for all patching unless otherwise directed or approved by the Engineer. All patching under items 403.07 and 403.08 are to be performed with S mix and placed in two (2) even bottom lifts not to exceed a four (4) inch thickness per lift The Engineer reserves the right to require that the ground section be paved back immediately in the case of surface planing is performed on a Friday in the event that severe weather is imminent, or in the case that the ground section pg. 32 REVISION OF SECTION 401 PLANT MIX PAVEMENTS - GENERAL presents an extreme safety hazard to the traveling public or inconvenience to the residents In Locations where curbside patching is being performed prior to a scheduled milling operation, the Contractor will leave the patches one to one and a half inches ( 1 to 1 '/ inches) below the toe of the concrete unless directed otherwise by the Engineer. HMA grading SX and S shall be placed in equal thicknesses approved by the Engineer. The minimum lift thickness for SX mix shall be one and a half (1 %) inches. The minimum lift thickness for S mix shall be two (2) inches. Overlaying layers of HMA shall not be placed until the lower layer has cooled sufficiently to provide a stable material which will support the equipment without rutting, shoving or moving in any manner. All Speed Bumps/Humps shall be installed in accordance with detail drawing located in section 3000 Details. If an existing speed bump requires removal to perform the paving operation, it shall be replaced in accordance with the said detail for a "Speed Hump". The Contractor shall contact the Engineer to confirm the layout and location prior to installation. Subsection 401.17 — Compaction - is hereby revised to include the following: All pneumatic tire rollers shall be equipped with ribber skirts. L \ D OF SECT 10A pg. 33 REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised as follows: DESCRIPTION The following sentence shall be removed from subsection 403.10: "These quantities will be restricted to small areas which require hand placement methods and where conventional paving equipment cannot be used." METHOD OF MEASUREMENT Subsection 403.04 shall include the following: Hot Mix Asphalt (HMA) SX, S, and SG, will be measured by the ton and paid for at the Contract Unit Price for Hot Mix Asphalt. Haul, asphalt materials, aggregate, asphalt cement, asphalt recycling agent, additives, hydrated lime, saw cutting and all other work necessary to complete each Hot Mix Asphalt item will not be paid for separately but shall be included in the unit price bid. Also see Section 109, Measurement and Payment. Load slips/tickets shall be consecutively numbered for each day and shall include batch time and weights. All leveling shall be performed using HMA Grading SX unless otherwise approved by the Engineer. The total tonnage used in each project area for the leveling operations shall be paid for by the corresponding line items located under 403.09 through 403.1 1. For example, if the total tonnage of leveling for the project area comes to 75 tons, it shall be paid for under line item 403.10 "HMA Grading SX Leveling 51 to 100 Tons." If the project area exceeds one hundred tons, the total amount of tonnage used for leveling for the project area shall be paid for under line item 403.11 "HMA Grading SX Leveling>100 Tons" Line item 409.12 "HMA Grading SX Leveling/Thin Overlay: 151 Tons and Greater' is intended for use when a single roadway or group of roadways in a project area have a leveling course performed which extends from curbline to curbline, in a continuous paving process, during a single days work, and the tonnage used exceeds one - hundred and fifty (150) tons. BASIS OF PAYMENT Subsection 403.05 is revised to include the following: Wort: performed and materials furnished as prescribed by this item and measured as provided under "Measurement" will be paid for as follows: Pay Item Unit 403.01 HMA - Grading SX, (75) 58 - 28 Binder Ton 403.02 HMA - Grading SX, (75) 64 - 22 Binder Ton 403.03 HMA - Grading S, (75) 58 - 28 Binder Ton 403.04 HMA - Grading S, (75) 64 - 22 Binder Ton 403.05 HMA - Grading S, (75) 64 - 28 Modified Binder Ton pg. 34 REVISION OF SECTION 403 HOT MIX ASPHALT 403.06 HMA Grading SG, (75) 64 - 22 Binder 403.07 HMA S 75 Hand Patching - Remove & Replace 403.08 HMA Paver Patching - Remove & Replace 403.09 HMA - Grading SX, (75) 64-22 Leveling < 50 Tons 403.10 HMA - Grading SX, (75) 64-22 Leveling: 50 to 100 Tons 403.11 HMA - Grading SX, (75) 64-22 Leveling: > 100 Tons 403.12 HMA - Grading SX, (75) 64-22 Leveling/Thin Overlay >_ 150 Tons 403.13 HMA — Speed Humps, Grading S/SX (75) 64-22 Ton Ton Ton Ton/Project Ton/Project Ton/Project Ton/Day Square Yard The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, temporary access ramps, and incidentals, and for doing all the work involved in Hot Mix Asphalt, including compaction, rolling, haul, surface preparation, and asphalt materials, complete in -place, as shown on these plans, as specified in these specifications, and as directed by the Engineer. 1.\I) OF SECTION pg. 3 5 REVISION OF SECTION 420 GEOSVNTHETICS Section 420 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 420.01 is revised to include the following: This work shall consist of placing Geotextile Paving Fabric as manufactured by Phillips Fibers Corporation, Hoechst Fibers Industries, Amoco Fabrics Company, or an approved equal in designated areas in substantial compliance with the plans, specifications and as directed by the Engineer. This work shall also include the placing of GlasGrid® 8511 or an approved equal in compliance with the plans, specifications, and as directed by the Engineer. MATERIALS Subsection 420.02 is revised to include the following: Geotextile Paving Fabric described in line item 420.01 shall be a non -woven, needle -punched pavement reinforcing fabric which conforms to the following properties: Grab Strength, either direction, minimum (ASTM D-4632) 90 Ibs Elongation, either direction, minimum (ASTM D-4632) 50 percent Burst Strength, minimum (ASTM D-3786) 185 PSI Weight, minimum 3.6 oz. /sq. yd. Asphalt Retention. minimum (TF25 #8) 0.2 gal. /sq. yd. Melting Point, minimum (ASTM D-276) 300° Fahrenheit The tack coat to be applied to the road surface and/or to the Geotextile Paving Fabric shall meet the following requirements: Asphalt Cement PG 64-22 Emulsified and/or Cutback Asphalt shall not be used as tack coat for Geotextile Paving Fabric. Line item 420.02 shall be the material GlasGrid® or an approved equal chosen by the direction of the Engineer CONSTRUCTION REQUIREMENTS Subsection 420.03 is revised to include the following: Surface preparation: The pavement to be repaired shall be cleaned and free of dirt, dust, water and vegetation. Cracks shall be cleaned and filled in accordance with "Revision of Section 403, Crack Sealing" of these Specifications. If the crack sealing materials contain volatiles, adequate curing time must be allowed prior to placement of the fabric. The pavement must be cleared of all sharp or angular protrusions. While installing GlasGrid® the asphalt surface temperature must be between 5°C (40°F) and 60°C (140°F). On asphalt surfaces less than 24 hours old, the surface temperature must be between 50C (40°F) and 46°C (110°F). GlasGrid® must be placed on an asphalt surface, either existing pavement or a leveled surface that has cooled to at least 100 ° F or less. If a tack coat is specified, it may be applied before or after the installation of GlasGrid, depending on site conditions. Tack must be completely cured prior to paving. Line item 420.02 "GlasGrid 48511 —Small Quantity Installation" is not intended for use to cover the full length and pg. 36 REVISION OF SECTION 420 GEOSYNTHETICS width of the roadway prior to paving. This item is intended to be used in specific locations of damage prior to paving, which are identified by the Engineer. This could include but is not limited to transverse cracks, wheel path rutting, or other similar damages. In areas where the Engineer choses to use this line item, the process would include a five (5) foot roll of the GlasGrid material placed over the damaged location, tacked down with paving nails, and then applied with tack coat prior to the overlay. Application of Tack Coat: The tack coat shall be applied at a rate in accordance with the manufacturer's specifications (approximately 0.25 gal. /sq. yd). The use of.25 gal/SY is subject to change based on the condition of the roadway at the direction of the Engineer. Application must be performed by a distributor. Temperature of the tack coat must be sufficiently high to permit a uniform spray pattern. The asphalt temperature shall be between 275°F and 375°F. Subsection 420.04 — Paving - is revised to include the following: Geotextile Paving Fabric Placement: The Geotextile Paving Fabric shall be placed into the tack coat with a minimum of wrinkles. If Geotextile Paving Fabric folds greater than one inch (1 ") occur, the Geotextile Paving Fabric shall be slit and allowed to lie flat. Additional tack coat shall be placed as required to insure fabric bonding. If Geotextile Paving Fabric is placed adjacent to patched sections of roadway, the fabric shall overlap said patched section a minimum of 12 inches. All joints shall overlap adjacent fabric approximately 2-6 inches. Transverse joints of the Geotextile Paving Fabric shall be shingled in the direction of the paving to prevent edge pickup by the paver. Additional tack coat shall be uniformly applied to the joints and overlaps to insure bonding. Burning or torching of PGM-G Composite Paving Grids to remove wrinkles or folds shall never be done. It shall be the Contractors responsibility to maintain the Geotextile Paving Fabric until the overlay is complete. If the Geotextile Paving Fabric begins to be picked up, the Contractor shall immediately broadcast sand or hot mix asphalt over the area or "skin" the Geotextile Paving Fabric with Hot Mix Asphalt. Excess sand or hot mix shall be removed before paving. Sand used for this purpose will not be measured and paid for separately under the terms of this contract. Hot Mix Asphalt (SC Type 1 or 2) used for this purpose will be measured and paid for at their respective contract unit prices per ton. Geotextile Paving Fabric shall be clean, dry and sufficiently bonded to the tack coat prior to commencing the paving operations. Paving operations shall be completed the same day as the Geotextile Paving Fabric placement. METHOD OF MEASUREMENT Subsection 420.09 is revised to include the following: Geotextile Paving Fabric will be measured by the square yard ofsurface area covered, complete in place, including surface preparation and PG64-22 tack coat. Overlap shall not be paid for but included as incidental to the work. GlasGrid® or an approved equal will be measured and paid for by the square yard of surface area covered, complete in place, including preparation and strait AC PG 64-22 tack coat. Overlap shall not be paid for but included as incidental to the work. pg. 37 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 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 REVISION OF SECTION 420 GEOSYNTHETICS BASIS OF PAYMENT Subsection 420.10 is revised to include the following: The accepted quantities of Geotextile Paving Fabric will be paid for at the contract unit price per square yard complete -in -place, including surface preparation and PG64-22 tack coat. GlasGrid® or an approved equal will be measured and paid for by the square yard of surface area covered, complete in place, including preparation and PG64-22 tack coat. Payment will be made under: Pay Item Pay Unit 420.01 Geotextile Paving Fabric Square Yard 420.02 GlasGrid® #8511 Small Quantity Installation Square Yard The above prices and payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in placing tack coat and Paving Fabric, including haul and bituminous materials, complete -in -place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. F\D OF SF('] ]ON pg. 38 REVISION OF SECTION 626 MOBILIZATION Section 626 of the Standard Specifications is hereby revised as follows: BASIS OF PAYMENT Subsection 626.02 is revised as follows: All costs associated with Section 626 Mobilization are to be included within the lump sum line item of 103.03 "Bond Procurement and Mobilization". The Contractor shall refer to Section 103 Award and Execution of Contract within the contract documents for further clarification and basis of payment. END OF SECTION REVISION OF SECTION 627 PAVEMENT MARKING Section 627 shall include the following: DESCRIPTION Sub -section 627.01 shall be removed and revised to be as written below: This work shall consist of furnishing, installing, and removing temporary pavement marking in accordance with the latest revision of the Fort Collins Traffic Operations Manual, City of Fort Collins Work Area Traffic Control Handbook, Larimer County Urban Area Street Standards (LCUASS), Colorado Department of Transportation, and Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), the details specified in section 3000 of the contract documents as attachment A, B, and C. Pavement markings shall also be placed in conformity to the lines, dimensions, patterns, locations, and details shown on the plans or established by the Engineer. CONSTRUCTION REQUIREMENTS Subsection 627.03 shall be amended to include the following: Permanent pavement markings shall be installed by the Contractor. The placement of the pavement markings shall be in accordance to the striping plans provided by the Engineer and in accordance with attachment A, B, and C located in section 3000 of the contract documents. If there is a conflict or error on the striping plans, the contractor is required to contact the Engineer to come up with a solution. Placement of final markings must be placed prior to the opening of a roadway, and as such shall be completed under the traffic control used for top lift paving. All traffic control needed for the placement of final pavement markings shall beat the Contractor's expense with the following exceptions at the discretion of the Engineer: I. If the final striping and placement of thermoplastics continues one hour after the completion of the paving operations for the day, the Engineer may provide payment for additional flagging under line item 630.03. 2. Ifthe Engineer directs final striping and/or placement of thermoplastics to continue at a later date, the Engineer may provide payment for additional flagging under line item 630.03 and a under line item 630.02. Temporary pavement markings/delineation of lanes may include temporary tape, tabs, or vertical panels as required by the Engineer and shall be installed by the Contractor. Sub -section 627.10 — Pavement Marking Tape - shall be amended to include the following: The Contractor shall I install permanent pavement striping according to attachment A, B, and C located in section 3000 of the contract package. When City crews cannot assist installing temporary striping, the Engineer may request that the Contractor install temporary striping or maintain traffic control devices. Temporary pavement markings/delineation of lanes shall be suitable for use on asphalt or Portland cement pavements, shall be installed on roadways that will be opened to traffic prior to permanent stripping, and shall conform as follows: 1. The surface to which the tape is applied shall be clean, dry, and free of dirt, oils, and grease. The tape/tab/vertical panels shall be pressed down immediately after application until it adheres properly and conforms to the surface. 2. All roads shall have temporary pavement markings before they are opened to traffic unless striping has been scheduled to install permanent pavement markings prior to opening the road to traffic. 3 Markings applied to the final road surface shall not leave scars that conflict with permanent markings. 4. Temporary markings shall be installed in such a way that the markings adequately follow the desired pg. 40 REVISION OF SECTION 627 PAVEMENT MARKING alignment. 5. Temporary pavement marking tape/delineation/vertical panels shall be required for all lane lines a. Lane lines shall be "taped" intermittently with a 2' long by 4" wide reflective temporary strip at fifty (50') foot intervals. b. Stop bars shall be "taped" to a minimum width of 12". Stop bars shall NOT be required at signalized intersections. Contractor may be required to provide additional signage (i.e. Stop Sign Ahead, Stop Here On Red, etc.): 'Stop Here On Red" signs shall be required at signalized intersections. c. It is the Contractor's responsibility to notify the Engineer prior to completion of work to allow scheduling of the permanent pavement markings to be installed by City crews. 6. Removable pavement markings shall be installed in accordance with the manufacture's recommendations and maintained by the Contractor until permanent pavement markings are installed. 7. Temporary edge lines are not typically required unless there is no existing gutter or required by the Engineer. 8. All tape shall be removed by the Contractor after permanent markings have been completed. 9. It is the Contractor's responsibility to maintain the temporary markings, at the Contractor's expense, until the permanent pavement marking is installed. METHOD OF MEASURMENT Sub -Section 627.12 shall be revised to include the following: All line items associated with the placement of temporary and permanent pavement markings shall include any additional costs for traffic control. All traffic control needed for striping shall be incidental to the work. BASIS OF PAYMENT Subsection 627.13 is revised to include the following: Work performed and materials furnished as prescribed by this item and measured as provided under "construction requirements" shall be paid for as follows: Pay Item 627.01 Installation of Thermoplastic 627.02 Lead Worker for Striping Layout 627.03 Support Workers for Striping Layout 627.04 Pavement Marking Paint 627.05 Pavement Mark Removal 4in (Surface Grinding) 627.06 61nch White Line (Thermo) 627.07 18 Inch White Line (Thermo) Pay Unit HOUR HOUR HOUR GALLON SQUAREFOOT LINEAL FOOT LINEAL FOOT pg. 41 REVISION OF SECTION 627 PAVEMENT MARKING 627.08 24 Inch White Line (Thermo) 627.09 Speed Bump Stencil (Thermo) 627.10 Bike Symbol (6 ft) W/ Arrow (Thermo) 627.11 Right /Left Arrow Stencil (Thermo) 627.12 8 ft "ONLY" Stencil (Thermo) 627.13 "RR Kit Narrow" Stencil (Thermo) 627.14 Temporary Yellow Striping Tape Roll 627.15 Temporary White Striping Tape Roll END OF SECTION LINEAL FOOT EACH EACH EACH EACH EACH EACH EACH pg. 42 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 630.01 shall be amended to include the following: This work shall consist of furnishing, installing, moving, maintaining, and removing temporary construction traffic control devices, including but not limited to signs, advance warning arrow panels, variable message boards, barricades, channelizing devices, and delineators as required by the latest revisions ofthe City of FortCollins "Work Area Traffic Control Handbook,' the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the Larimer County Urban Area Street Standards (LCUASS), and the Colorado Department of Transportation Road and Bridge Standard Specifications (CDOT). In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. MATERIALS Subsection 630.02 — Signs and Barricades - shall be amended to include the following: All traffic control devices shall meet or exceed the required minimum standards. Traffic control devices shall be clean and in good operating condition when delivered and shall be maintained on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand, etc.) Sign blanks with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists and bicyclists traveling in the opposite direction and residents potentially affected by information the sign may present. CONSTRUCTION REQUIREMENTS Subsection 630.10 shall be amended to include the following: The Contractor shall be responsible for ensuring safe passage through the work zone for vehicles, pedestrians, and bicycles. The City of Fort Collins shall not be responsible for any loss or damage to equipment due to theft or vandalism or for any damages to public or private property caused by the Contractor's construction activities. Private or public property which is damaged by the Contractor's installation, equipment, or employees will be the sole responsibility of the Contractor. The Contractor may be required to use Variable Message Boards to advise road users about upcoming work on arterial, collector, or residential streets as required by Traffic Operations through the approved traffic control plan. When required, the Engineer will issue direction for the number of boards, general locations for placement, and message verbiage. Typical quantities of Variable Message Boards may be: Six (6) on Arterial streets, four(4)on Collector streets, none on Residential streets, or as directed by the City Traffic Department. Variable Message Boards shall be placed a minimum of five (5) calender days prior to the projector as directed by the Engineer. For full closures on Arterials and Collectors, Variable Message Boards shall remain in place until completion of the project. See Method of Measurement contained herein. Two-way traffic shall be maintained at all times unless approved by the Engineer. Lane width shall be maintained at a minimum of ten (10') feet. The Contractor will provide twenty-four (24) hour minimum notice to the City of Fort Collins Traffic Department when construction operations will be near a signalized intersection. pg. 43 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Hand drawn plans shall NOT be accepted Notification of residents and businesses shall be the responsibility of the Contractor, Contractor Representative, Traffic Control Supervisor (TCS) or TCS Representative and shall consist of distributing letters indicating -the nature ofthe work to be completed, any special instructions to the residents (i.e, watering newly installed sod from an area damaged by the loader during patching operations, etc.), dates and times of the work, and parking and access restrictions that will apply. These notices shall be provided by the Engineer. Notification letters or door hangers shall include a local phone number which residents with questions may use to contact the Contractor and a link to the City of Fort Collins Street Department web site where citizens may find additional information and project updates at ". Only approved notifications shall be distributed a minimum of five (5) calender days prior to the commencement of each phase of the Work. Traffic Control Plans shall be submitted for approval prior to commencement of any work. Traffic control conditions vary significantly in the field and the Contractor is responsible for submitting traffic control plans for each work location. Minimum traffic control requirements for Arterial, Collector, and Residential streets are contained herein. Devices temporarily not in use shall be removed from the area. Moving shall include devices removed from the project and later returned to use. Devices may be temporarily placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists, and vehicles, as approved by the Engineer. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). In the event there is a safety issue, the Engineer may issue a "Stop Work Order" until the issue(s) is corrected. The Contractor shall not be entitled to any additional compensation for delays associated with the "Stop Work Order'. Approved traffic control plans shall be available on site at all times. See Revision of Section 104. Traffic control plans shall be submitted for all work locations prior to commencement of any work. Plans shall be submitted along with the City of Fort Collins Traffic Approval Forms. Traffic control plans shall be prepared by a Traffic Control Supervisor certified by the American Traffic Safety Services Association (ATSSA) or a Worksite Traffic Control Supervisor certified by the Colorado Contractor's Association (CCA). Hand drawn plans shall NOT be accepted. Typical Traffic Control Plans for work within the right-of-way shall be submitted for approval to the Engineer as follows: Typical submittals for scheduled residential work shall be submitted by 8:00 a.m, two (2) working days prior to commencement of the work. Typical submittals for residential work scheduled on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m. Submittals for full closures on residential streets shall be submitted one five (5) working days prior to the commencement of work. Submittals for full closures on arterial and collector streets shall be submitted ten (10) working days prior to the commencement of work. All plans shall be delivered to the Engineer, 625 Ninth Street, FortCollins. Facsimiles of plans shall not be accepted. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work. See Revision of Sections 104 and 105. A Traffic Control Plan shall be submitted for each Arterial and each Collector street scheduled for work. Each pg. 44 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL residential area shall have one typical Traffic Control Plan submitted jor the area. When changes to the Area Traffic Control Plan(s) are required, a re -submittal for the area shall be provided for approval. For required closures in a residential (i.e., closure for a crosspan repair) a separate submittal from the Area Traffic Control Plan shall be provided. The Traffic Control Plan shall include, as a minimum, the following: 1. A Traffic Control Approval Form shall be submitted with each traffic control plan. The Approval Form shall be legibly written and filled out completely. 2. A detailed diagram which shows the location of all sign placements-, including advance construction signs (if not previously approved) and speed limit signs; method, length and time duration for lane closures, and location of flag persons. 3. A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panels; vertical panels with lights; Type I, Type 11, and Type Ill barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panels. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. 4. Number of flaggers to be used. Flagger stations shall be located where approaching motorists, bicyclists, and pedestrians shall have sufficient distance to safely stop at the specified location. 5. Parking Restrictions to be in effect. 6. Detailed pedestrian and bicycle movement. 7. All applicable notes (i.e., sign spacing, taper length and posted speed limit, pedestrian routes, etc.) Approval of the proposed method of handling traffic does not relieve the Contractor ofliability specifically assigned under this contract. Notice the final pates of this document which include examples of Traffic Control Plans drawn by internal resources. These examples are intended to assist the contractor in their understandine of the level of detail, amount of equipment, and other needs identired on the plans typically utilized to perform work within the Citr of Fort Collins. Subsection 630.11 — Traffic Control Management - shall be revised to include the following: The Contractor shall designate an individual, other than the Superintendent, to be the Traffic Control Supervisor. Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or a current Colorado Contractors Association (CCA) certification as a Traffic Control Supervisor. Proof of certification for all personnel assigned to the project(s) shall be provided to the City Traffic Department and the Engineer. The Traffic Control Supervisor shall have approved traffic control plans forthe work site and current copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic control for street and highway construction, available on site at all times. The TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the Engineerfor approval a minimum of five (5) working days prior to commencement of the work. The TCS shull be required to be on site at all times during construction. It is the intent of the specifications that the TCS be the same throughout the year. The TCS shall be equipped with a working cellular phone at all times during construction operations. Traffic Control Management shall be maintained on a 24 hour per day basis. The Contractor shall make pg. 45 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times, and available upon request of the Engineer during non -working hours. A 24 hour telephone number shall be provided to the Engineer. Outside of construction hours, the response time from the Engineers' contact shall be 30 minutes or less and correction of the issue(s) shall be one (I I hour or less. If, in the opinion of the Engineer, any traffic control individual does not perform their duties at or to the minimum industry standard, the Contractor will be required to replace that individual. TCS duties shall include, but are not limited to: I. Supervise and direct project flaggers. 2. Prepare, revise, and submit Traffic Control Plans as required. 3. Coordinate all traffic control related operations, including those of the Subcontractor and supplier. 4. Coordinate project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. 5. Notify residents and businesses five (5) calendar days prior to construction. a. Notifications maybe accomplished by a representative of the TCS such as a flagger and shall be hand typed and hand delivered to all businesses and residents. 6. Inspect traffic control devices on a calendar day basis for the duration of the project to ensure devices are functioning properly and are clean and legible. 7. Oversee all requirements covered by the plans and specifications which contribute to the convenience, safety, and orderly movement of traffic. 8. Break flaggers for short periods of no more than fifteen (15) minutes over a sixty (60) minute period. 9. Set up and removal of traffic control device. 10. Maintain a project traffic control diary which shall become part of the City's project records. This diary/log shall be submitted to the Engineer daily and shall include the following information as a minimum a. Date. b. The time of traffic control inspections. c. Project description and location. d. Traffic Control Supervisor's name. e. Types and quantities of traffic control devices used per approved MHT. f. List of flaggers used, including start time, stop time and number of flagging hour breaks. g. Traffic control problems (traffic accidents, damaged, missing or dirty devices, etc.) and corrective action taken. The Engineer reserves the right to request traffic control personnel be replaced when, in the opinion of the Engineer, the minimum industry standards for performing duties are not being met on site. METHOD OF MEASUREMENT Subsection 630.15 shall be revised to include the following: "Construction Zone Traffic Control" shall include the cost for all traffic control necessary to allow the Contractor to complete the Work on the corresponding streets as shown in Sections 02500, Quantity Estimate and Section 03500, Maps, as required herein, as referenced in the example traffic control plans of sub -section 630.01 above, and as directed by the Engineer. The price shall include a full time TCS dedicated to the project, all flagging equipment, all traffic control devices, and for doing all Traffic Control work needed for the projects outlined within the documents approved by the City Of Fort Collins Traffic Department and those that may be added. The items not included in this percentage shall be the flagging personnel hours, variable message boards, arrow boards, and night work up - charge. "Night Work Up -Charge" shall be measured by the number of nights work is performed after normal working hours, typically extending from 7pm to 5am of the said working day. It is a one-time charge, meant to cover the costs of lighting stations, additional work site protection and safety requirements, asphalt plant costs, and the allocation of resources required for work at night. pg. 46 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL "Variable Message Board" shall be measured and paid per day per each. Flagging- shall be measured and paid per hour based on the rate provided. Overtime shall not be measured and paid for separately, but shall be included in the line item price for "Flagging'. Hours of non -flagging work in excess of those authorized shall not be measured and paid for separately but shall be at the Contractor's expense. Flagging shall follow the current MUTCD standards and shall not be included in the percentage price provided under line item 630.01. The quantity of flaggers shall be determined by the classification of the roadway (Arterial, Collector, and Residential) and the Contractors' flagging needs based on the work being performed. Flaggers shall be provided with hand signs such as Stop/Slow paddles and electronic communication devices when required. Flagging equipment and devices shall not be measured and paid for separately but shall be included in the percentage on line item 630.01 - Construction Zone Traffic Control. Batteries, electricity, fuel for lighting or warning devices, sand bags, fencing, and caution tape shall not be measured and paid for separately and shall be considered a subsidiary obligation in conjunction with the Work. All costs associated with Traffic Control Plan review shall not be measured or paid for separately, but shall be considered incidental to the Work including review and re -submittal fees. The City may deduct from compensation due the Contractor $10.00 per day for each traffic control device not removed from the site immediately upon completion of the work or as directed by the Engineer. The Contractor may provide larger construction traffic signs than those typically used in accordance with the City of Fort Collins Work Area Traffic Control Handbook and the MUTCD as approved by the Engineer, however, no payment shall be made for the additional panel size. Business signs, Neighborhood Traffic Only signs and detour placard street names are not considered Specialty Signs and shall not be measured or paid for separately but shall be included in the cost of the Work under the corresponding street classification. "The City of Fort Collins Master Street Plan" maps depicting the street classifications (Arterial. Collector, and Residential) can be found at the following link: htto: cindocs.fceo�xom°'dt-Master-Street -Plan %lap&dn GIS \'ZAPS&vid=l92&emd=showdt BASIS OF PAYMENT Subsection 630.16 shall be amended to include the following: Line item 630.01 -"Construction Zone Traffic Control" is paid for as a percentage of total work performed for the corresponding month. The total cost for the work shall be the subtotal of costs extending from line item 202.01 through 420.02. To achieve the traffic control payments amount, line item subtotal shall be multiplied by the established percentage located on line item 630.01 and shall be added to the monthly pay application. Payment shall be made under: Pav Item Unit 630.01 Construction Zone Traffic Control Percent 630.02 Variable Message Board Per Each Per Day 630.03 Flagging Hour 630.04 Night Work Up -Charge Per Night The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment. pg. 47 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. 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 hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL and incidentals, and for doing all the work involved in setup/removal/modification, notifications and delivery for Construction Zone Traffic Control including vehicles, phones, sandbags, hand signs, break times, as shown on the plans, as specified in these specifications, and as directed by the Engineer. SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE ENGINEER IN WRITING. NOTE: WHEN PERFORMING WORK ON ARTERIALS, PLANS SHALL BE APPROVED A MINIMUM OF TWO (2) WEEKS PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFYING THE PUBLIC THROUGH THE MEDIA. NOTE: CONSTRUCTION OR REPAIR WORK WILL NOT BE PERMITTED AT OR IN THE VICINITY OF A SIGNALIZED INTERSECTION OR ANY ARTERIAL AND COLLECTOR STREETS THAT HAVE MAJOR TRAFFIC VOLUMES BETWEEN THE HOURS OF 7:00 A.M. TO 8:30 A.M OR 3:30 P.M TO 6:30 P.M. (EXCEPT IN THE CASE OF AN EMERGENCY). EXCEPTIONS MAY BE MADE FOR CONSTRUCTION OR REPAIR WORK ON ARTERIAL AND COLLECTOR STREETS BETWEEN THE HOURS OF 7:00 A.M. TO 6: P.M., MONDAY THROUGH FRIDAY EXCLUDING HOLIDAYS, WHEN ALL EQUIPMENT, LABOR, TRAFFIC CONTROL DEVICES, AND CONSTRUCTION ARE NOT IN THE VICINITY OF AN INTERSECTION. THE ENGINEER SHALL AUTHORIZE SUCH WORK AND SPECIFY THE REQUIRED DISTANCE FROM THE INTERSECTION. NOTE: TIME RESTRICTIONS ON S.H. 287 AND HWY 17 (COLLEGE AVENUE AND MULBERRY STREET EAST OF LEMAY) SHALL TYPICALLY BE RESTRICTED FROM 9:00 A.M TO 3:00 P.M. NOTE: CONSTRUCTION HOURS, EXCEPT FOR EMERGENCIES SHALL BE LIMITED TO 7:00 A.M. TO 6:00 P.M., MONDAY THROUGH FRIDAY EXCLUDING HOLIDAYS, UNLESS OTHERWISE AUTHORIZED IN WRITING BY THE ENGINEER. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS. END OF SECTION pg. 48 PAGE 1 FULL CLOSURE -1 MILE ARTERIAL PROSPECT RD. - REMINGTON ST. TO S. LEMAY AVE. "Note: The trafficcontrol plans that follow and the quantities listed aboveare for informational purposes only, and are not to be used in any legal setting once the bids are received. These plans are meant to he I p provide a Contractor a better vision of the I evel of attention the City of Fort Col I ins expects when setti ng up trafficcontrol for projects on an Arterial, Collector, and Residential roadway. The above quantities and plans area representation of the type of closure specified, and are to be used as an estimate only. Along with these quantities, the Contractor shalI expect the use of a high volume of barrels, vertical panels, and cones. All traffic control plans, devices, and personnel shall be the responsibility of the contractoras specified herein the contract documents." NOTES: Access will be allowed for residents and business. No parks will be placed as needed Day work will be flagged for access Nights will be set up for two way traffic. t EQUIPMENT LIST 35- TYPE Ts 10- VMB'S 13- DETOUR TRACKERS 4- NO LEFTS / RIGHTS 3- LOCAL BUSINESS ACCESS "A" Panels 16- ROAD CLOSED AHEAD 5- DETOUR AHEAD 2- LEFT LANE CLOSED AHEAD 2- LEFT TRANSITION 22- ROAD WORK AHEAD "B" Panels 7- DETOUR ARROWS 15- ROAD CLOSED TO THROUGH TRAFFIC 20- ROAD CLOSED PAGE 2 DETOUR RTE. AND VMB LOCATIONS E. ELIZABETH RD.♦ !T' 0 l� OEfDUR 0 3 a � C a Elawn Q o z awn N -a mvn v, .i yy m E. PROSPECT RD. to QVMB m C ~ VMB yr YMB m � VMB D -4 a m r m .�� NOT TO SCALE D m 0ia ano� t 1 *� 0 a � a ono C m E. DRAKE RD. op -- __----i s PAGE 3 N I I 1 1 O • I I I I . `• w I I 1 I 1 1 1 1 NOT TO SCALE I 1 I I I I I I W ��� t U -------------------------------- s s r J-.�VyiJ-VLil-ViJV L.V VJ _ h PAGE 4 F- REMINGTON ST. E. LAKE ST. Iit N 01 1 E. PROSPECT RD. ®� --------------------------- ---- -------- -- ----- - - - - - - - - - - - - - - - - - - - - - - - - - - ------------•---------------- ----- !t PARKER ST. F<4 WHEDBEE ST. H M�! NOT TO SCALE lil 7 I I I E. LAKE ST, J UU r•n•r I I 0 m m m W 4 � • O 111 ® : �,: `Y -4 CIRCLE DR PAGE 5 l� E. PITKIN ST. {{ E. LAKE ST. w M O NOT TO SCALE o m A N 1 o --------- --------------- 4M • E. PROSPECT RD. N 3 2 .9 r PARKER ST. _°a Oz m 02 a A STOVER ST. L0g NOT TO SCALE E —�—� E. LAKE ST. m r- cn -a E. PROSPECT RD. PAGE 6 S. LEMAY AVE. E. LAKE PL. 93 S Lemay Ave U) 0 H F 0 2 J I � I I I I I 1 I I 1 I 1 I l 1 I 1 1 t 1 1 f 1 f l 1 1 1 I I 1 ! I I I I I 1 1 1 I I I I I 1 I I I / 1F/-�: cn Z �O V z W w E. PROSPECT RD. IIdG i gym' t lllJ l E. STUART ST. VNJ I.L `W OL ,, r^ co PAGE 8 a'3 SOUTHBOUND DIRECTIONAL CLOSURE - COLLECTOR NOT 3- DETOUR TRACKERS "A" PANELS 2- ROAD CLOSED AHEAD 6- ROAD WORK AHEAD 2- DETOUR AHEAD "B" PANELS "Note: The trafficcontroi plans that follow and the quantities listed above areforinformational purposes only, and are not to be used in any legal setti ngonce the bids are received Theseplansare meant to help provide a Contractor abetter vision of the level of attention the City of Fort Collins expects when sett) rig uptrafficcontrol for projects on an Arterial, Collector, and Residential roadway. The above quantities and plans area representation of the type of closure specif ied and are to be used as an estimate only. Alongwiththesequantities, the Contractarshallexpect the use ofa high vol ume of barrels, vertical panels, and cones. All traffic control plans, devices, and personnel shall be the responsibility of the contractoras specified herein the contract documents. " NOTES: BARRELS OR VERTICAL PANELS SHALL BE USED AS OVERNIGHT EQUIPMENT. NO PARKS SHALL BE USED AS NEEDED. ALL MILLED EDGES WILL BE PROTECTED WITH VERTICAL PANELS OVERNIGHT. BUMP SIGNS WILL BE USED AS NEEDED, DAYTIME WORKED SHALL BE FLAGGED. City Of Fort Collins Purchasing ADDENDUM NO. 3 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 8320: Asphalt Overlay OPENING DATE: 3:00 PM (Our Clock) June 3, 2016 Financial Services Purchasing Division 215 N. Mason St. 2n" Floor PO Box 580 Fort Collins. CO 80522 970.221.6775 970.221 6707 fcgov com/purchasing To all prospective bidders under the specifications and contract documents described above. the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 — Questions & Answers Please contact Elliot Dale. 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. Addendum 3 Page 1 of 2 20.0 TAXES. 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 is 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. Bid results will be posted at www.rockvmountainbidsystem.com shortly after the Bid Opening. END OF SECTION O C m r m-- a * S SHIELDS ST «. wiw �,T- ,`� 017W11 DEL NORTE PL i1 YM f H pg MONTE VISTA A �� >noua &PIONE ■ A E A ARMSTRONG AVE 0 0 0 z D m r m S WASHINGTON A C r r n 0 cn C m SECTION 02500 QUANTITY ESTIMATE Specific locations are described herein in section 03500 of the contract documents; however, additional quantities may be included in the Bid Schedule for locations not yet identified at the time of the bid. All quantities stipulated in the Bid Schedule associated with unit pricing are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work completed Contractor agrees that he/she will make no claim for damages, anticipated profits, or otherwise on account of any differences between the amounts of Work actually performed, the materials actually furnished, and/or the estimated amount in these documents. Section 03000 - DETAILS Rock Sock (RS) Straw Bale Filter Gravel Filter Speed Hump Striping SC-5 D23 D24, D25 City of Fort Collins drawing attached Attachment A, B, and C Rock Sock (RS) SC-5 Description A rock sock is constructed of gravel that has been wrapped by wire mesh or a geotextile to form an elongated cylindrical filter. Rock socks are typically used either as a perimeter control or as part of inlet protection. When placed at angles in the curb line, rock socks are typically referred to as curb socks. Rock socks are intended to trap sediment from stormwater runoff that flows onto roadways as a result of construction activities. Appropriate Uses Rock socks can be used at the perimeter of a disturbed area to control localized Photograph RS-t. Rock socks placed at regular intervals in a curb line can help reduce sediment loading to storm sewer inlets. Rock socks can also be used as perimeter controls. sediment loading. A benefit of rock socks as opposed to other perimeter controls is that they do not have to be trenched or staked into the ground; therefore, they are often used on roadway construction projects where paved surfaces are present. Use rock socks in inlet protection applications when the construction of a roadway is substantially complete and the roadway has been directly connected to a receiving storm system. Design and Installation When rock socks are used as perimeter controls, the maximum recommended tributary drainage area per 100 lineal feet of rock socks is approximately 0.25 acres with disturbed slope length of up to 150 feet and a tributary slope gradient no steeper than 3:1. A rock sock design detail and notes are provided in Detail RS-1. Also see the Inlet Protection Fact Sheet for design and installation guidance when rock socks are used for inlet protection and in the curb line. When placed in the gutter adjacent to a curb, rock socks should protrude no more than two feet from the curb in order for traffic to pass safely. If located in a high traffic area, place construction markers to alert drivers and street maintenance workers of their presence. Maintenance and Removal Rock socks are susceptible to displacement and breaking due to vehicle traffic. Inspect rock socks for damage and repair or replace as necessary. Remove sediment by sweeping or vacuuming as needed to maintain the functionality of the BMP, typically when sediment has accumulated behind the rock sock to one-half of the sock's height. Once upstream stabilization is complete, rock socks and accumulated sediment should be removed and properly disposed. Rock Sock Functions Erosion Control No Sediment Control Yes Site/Material ,Tana ement No November 2010 Urban Drainage and Flood Control District RS-I Urban Storm Drainage Criteria Manual Volume 3 November 2010 Urban Drainage and Flood Control District RS-I Urban Storm Drainage Criteria Manual Volume 3 SC-5 Rock Sock (RS) SSI1?' (MINUS) CRUSHED ROCK ENCLOSED IN WIRE MESH Ih- (MINUS) CRUSHED ROCK ENCLOSED IN WIRE MESH WIRE TIE ENDS I1 4" TO 6" MAX AT 10" ON BEDROCK OR GROUND SURFACE L CURBS, OTHERWISE L HARD SURFACE, 2' 5"-10" DEPENDING IN SOIL ON EXPECTED SEDIMENT LOADS ROCK SOCK SECTION ROCK SOCK PLAN ANY GAP AT JOINT SHALL BE FILLED WITH AN ADEQUATE AMOUNT OF 1.�" (MINUS) CRUSHED ROCK AND WRAPPED ROCK SOCK, WITH ADDITIONAL WIRE MESH SECURED TO ENDS OF ROCK TYP , REINFORCED SOCK. AS AN ALTERNATIVE TO FILLING JOINTS BETWEEN ADJOINING ROCK SOCKS WITH CRUSHED ROCK AND ` 12 12" ADpI1 ONAL WIRE WRAPPING, ROCK SOCKS CAN BE 1 OVERLAPPED (TYPICALLY 12-INCH OVERLAP) TO AVOID GAPS. ROCK SOCK JOINTING ROCK COCK INSTALLATION NOT S 1. SEE PLAN VIEW FOR: -LOCATtON(S) OF ROCK SOCKS. GRADATION TABLE SIEVE SIZE MASS PERCENT PASSING SQUARE MESH SIEVES NO. 4 2 100 1 90 - too 1 20 - 55 i." 0 - 15 0 - 5 MATCHES SPECIFICATIONS FOR NO. 4 COARSE AGGREGATE FOR CONCRETE PER AASHTO M43. ALL ROCK SHALL BE FRACTURED FACE. ALL SIDES. 2. CRUSHED ROCK SHALL BE 05" (MINUS) IN SIZE WITH A FRACTURED FACE (ALL SIDES) AND SHALL COMPLY WITH GRADATION SHOWN ON THIS SHEET (1)6" MINUS). 3. WIRE MESH SHALL BE FABRICATED OF 10 GAGE POULTRY MESH, OR EQUIVALENT, WITH A MAXIMUM OPENING OF Y1", RECOMMENDED MINIMUM ROLL WIDTH OF 48` 4. WIRE MESH SHALL BE SECURED USING "HOG RINGS" OR WIRE TIES AT 6" CENTERS ALONG ALL JOINTS AND AT 2" CENTERS ON ENDS OF SOCKS. 5. SOME MUNICIPALITIES MAY ALLOW THE USE OF FILTER FABRIC AS AN ALTERNATIVE TO WIRE MESH FOR THE ROCK ENCLOSURE. RS-1. ROCK SOCK PERIMETER CONTROL RS-2 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 Rock Sock (RS) SC-5 ROCK SOCK MAINTENANCE NOTEr 1. INSPECT BMPS EACH WORKOAY, AND MAINTAIN THEM IN EFFECTIVE OPERATING CONDITION. MAINTENANCE OF BMPS SHOULD BE PROACTIVE, NOT REACTIVE. INSPECT BMPS AS SOON AS POSSIBLE (AND ALWAYS WITHIN 24 HOURS) FOLLOWING A STORM THAT CAUSES SURFACE EROSION, AND PERFORM NECESSARY MAINTENANCE. 2. FREQUENT OBSERVATIONS AND MAINTENANCE ARE NECESSARY TO MAINTAIN BMPS IN EFFECTIVE OPERATING CONDITION. INSPECTIONS AND CORRECTIVE MEASURES SHOULD BE DOCUMENTED THOROUGHLY. J. WHERE BMPS HAVE FAILED, REPAIR OR REPLACEMENT SHOULD BE INITIATED UPON DISCOVERY OF THE FAILURE. 4. ROCK SOCKS SHALL BE REPLACED IF THEY BECOME HEAVILY SOILED, OR DAMAGED BEYOND REPAIR. 5. SEDIMENT ACCUMULATED UPSTREAM OF ROCK SOCKS SHALL BE REMOVED AS NEEDED TO MAINTAIN FUNCTIONALITY OF THE OMP, TYPICALLY WHEN DEPTH OF ACCUMULATED SEDIMENTS IS APPROx4AAiELY $ OF THE HEIGHT OF THE ROCK SOCK 6. ROCK SOCKS ARE TO REMAIN IN PLACE UNTIL THE UPSTREAM DISTURBED AREA IS STABILIZED AND APPROVED BY THE LOCAL JURISDICTION. 7. WHEN ROCK SOCKS ARE REMOVED, ALL DISTURBED AREAS SHALL BE COVERED WITH TOPSOIL. SEEDED AND MULCHED OR OTHERWISE STABILIZED AS APPROVED BY LOCAL JURISDICTION. (DETAIL ADAPTED FROM TOWN OF PARKER, COLORADO AND CITY Of AURORA, COLORADO, NOT AVAILABLE IN AUTOCAD) NOTE. MANY JURISDICTIONS HAVE BMP DETAILS THAT VARY FROM UOFCO STANDARD OETAILS. CONSULT WITH LOCAL JURISDICTIONS AS TO WHICH DETAIL SHOULD BE USED WHEN DIFFERENCES ARE NOTED. NOTE: THE DETAILS INCLUDED WITH THIS FACT SHEET SHOW COMMONLY USED, CONVENTIONAL METHODS OF ROCK SOCK INSTALLATION IN THE DEW,/ER METROPOLITAN AREA THERE ARE MANY OTHER SIMILAR PROPRIETARY PRODUCTS ON THE MARKET. UOFCO NEITHER NDORSES NOR DISCOURAGES USE OF PROPRIETARY PROTECTION PRODUCTS; HOWEVER. IN THE EVENT PROPRIETARY METHODS ARE USED, THE APPROPRIATE DETAIL FROM THE MANUFACTURER MUST BE INCLUDED IN THE SWMP AND THE BMP MUST BE INSTALLED AND MAINTAINED AS SHOWN IN THE MANUFACTURER'S DETAILS. November 2010 Urban Drainage and Flood Control District RS-3 Urban Storm Drainage Criteria Manual Volume 3 0 Area Inlet with Grate —] staked Ivith 2 SEakes Per Bale fa7 n 0 a a ajo`o a c v a v v PLAN VIEW Stake r Tw',nz Runoff {� ++.•..� � .i' I - Compacted Sod b�V ,M I'diered Watt( SECnoN A -A 3eneral Notes: 1. Wedge loose straw between the staked bales. AREA INLET FILTER 2. Inspect and repair filters after each STRAW BALES storm event. Remove sediment when one halt of the filter depth has been CITY OF. -FORT COLLINS, COLORADO filled. Removed sediment shall be STORMWATER UTILITY deposited in an area tributary to a sediment basin or other filtering measure. APPROVED BY: 3. Sediment shall be removed immediately DATE:REVISIONS:from traveled way of roads. D-23 FIGUR` 6.2 Wire Screen — (App ox. % letn) �C-revei p,Icer PLAN VIEW Concrete Block Gravel Fifrer Overflow r Concm4 Block • tJ Wire Screen Runof° ' icolG Grevei Filter 11 -* i II+lp�y�t Filtoru.' W erg SECTION A -A General Notes: 1. Inspect and repair filters after each storm event. Remove sediment when one half of the filter depth has been filled. Removed sediment shalt be deposited in an area tributary to a sediment basin or other ' littering measures. 2. Sediment and gravel shall be immediately removed from traveled way of roads. FIGURE 6.3 AREA INLET FILTER GRAVEL CITY OF FORT COLLINS, COLORADO STORMWATER UTILITY A?FROVED BY AZV/ S ONS- D-24 I PAGE 32 Gnvei `ili (Approx-21, Diameter ' CApP,vr. %i";Y1esh; PLAN VIEW Slack `"ye�IO1�' i, Fil�er� IN�Ezr 4uno" Wire Sc-e2 n , �'x4"'Wcod 5:ud IGvr� inlet S�:i IO�t A -A Genera! Notes. t . Inspect and repair filters after each storm event. Remove sediment when one half of the filter depth has been filled. Removed sediment shall be de- posited in an area tributary to a sedi- ment basin or other filtering measLre. 2. Sediment and gravel shell be immecia-ely rernoved from traveled way of roads. F?Gt1R-7 6. 8 CURB INLET FILTER GRAVEL CITY OF -FORT COLLINS, COLORADO STORMWATER UTILITY 'IPFF.CVED cy: CA-c: FEVISICNS: 0-2 5 i Top View Side View City of Fort Collins 22' Speed Bump 3/21 /13 Edge of Asphalt Drive Lane Taper m n cD Cr M Flat Surface n c 3 U a � Taper /AAAA\ -> F —1 foot -------------------------------------------------------------------------------------------------------------- 22 feet 6 feet 10 feet 6 feet 3.5 inches 1 SECTION 00300 BID FORM Aiiad%mevvl� A PreMark*' SA 90 SPECIFICATION PREFORMED THERMOPLASTIC PAVEMENT MARKINGS I of 2 USE: A durable, retrore0ective pavement marking material suitable for use as roadway, intersection, commercial or private pavement delineation and markings. 1.1. The markings must be a resilient white or yellow thermoplastic product with uniformly distributed glass beads throughout the entire cross sectional area. The markings must be resistant to the detrimental effects of motor fuels, lubricants, hydraulic fluids. antifreeze, etc. Lines. legends and symbols are capable of being affixed to bituminous and/or portland cement concrete pavements by the use of the normal heat of a propane torch. Other colors shall be available as required. 1.2. The markings must be capable of conforming to pavement contours, breaks and faults through the action of traffic at normal pavement temperatures. The markings shall have resealing characteristics, such that it is capable of fusing with itself and previously applied thermoplastic when heated with the torch. 1.3. The markings shall not have minimum ambient and road temperature requirements for application, storage, or handling. 2. MANUFACTURING CONTROL AND ISO CERTIFICATION: The manufacturer must be ISO 9001:2008 certified and provide proof of current certification. The scope of the certification shall include manufacture of preformed thermoplastic marking materials. MATERIAL: Must be composed of an ester modified rosin resistant to degradation by motor fuels, lubricants etc. in conjunction with aggregates, pigments, binders and glass beads which have been factory produced as a finished product, and meets the requirements of the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways. The thermoplastic material conforms to AASHTO designation M249, with the exception of the relevant differences due to the material being supplied in a preformed state. 3.1. Graded Glass Beads: 3.1.1. The material must contain a minimum of thirty percent (30%) intermixed graded glass beads by weight. The intermixed beads shall be conforming to AASHTO designation M247, with minimum 80% true spheres and minimum refractive index of 1.50. 3.1.2. The material must have factory applied coated surface beads in addition to the intermixed beads at a rate of 11b. (t 10%) per 10 sq. ft. These factory applied coated surface beads shall have a minimum of 90% true spheres, minimum refractive index of 1.50, and meet the following gradation. Size Gradation Retained, % Passing, % US Mesh lim 12 1700 0 - 2% 98 - 100% 14 1400 0 - 3.5% 96.5 - 100% 16 1180 2 - 25% 75 - 98% 18 1000 28 - 63% 37 - 72% 20 850 1 63 - 72% 28 - 37% 30 600 67 - 77% 23 - 33% 50 300 89 - 950io 5 - 1 I% 80 200 97-1000io 0 - 3% 0622 10 PreMark= SA 90 3.2. Pigmemss: 2of2 3.2.1. White: The material shall be manufactured with sufficient titanium dioxide pigment to meet FHWA Docket No. FHWA-99-6190 Table 5 and Table 6 as revised and corrected. 3.2,2. Red. Blue. and fellow: The material shall be manufactured with sufficient pigment to meet FHWA Docket No. FHWA-99-6190 Table 5 and Table 6 as revised and corrected. The yellow pigments must be organic and must be heavy-metal free. 3.2.3. Other Colors: The pigments must be heavy-metal free. 3.3. Heating indicators: The top surface of the material (same side as the factory applied surface beads) shall have regularly spaced indents. These indents shall act as a visual cue during application that the material has reached a molten state so satisfactory adhesion and proper bead embedment has been achieved and a post -application visual cue that the installation procedures have been followed. 3.4. Skid Resistance: The surface, with properly applied and embedded surface beads, must provide a minimum resistance value of 45 BPN when tested according to ASTM E 303. 3.5. Thickness: The material must be supplied at a minimum thickness of 90 mils (2,29 min). 3.6. Versatility: As an option, turn arrows and combination arrows may come without surface applied glass beads, thus facilitating the use of those arrows as either left or right indicators, thereby reducing inventory requirements. 3.7. Environmental Resistance: The material must be resistant to deterioration due to exposure to sunlight. water, salt or adverse weather conditions and impervious to oil and gasoline. 18. Retroreflectivity: The material, when applied in accordance with manufacturer's guidelines, must demonstrate a uniform level of sufficient nighttime retroreflection when tested in accordance to ASTM E 1710. The applied material must have an initial minimum intensity reading of 500 mcd-m-2 Ix-' for white and 300 mcd•m'2-lx" for yellow as measured with an LTL-2000 or LTL-X Retroreflectometer. Note: Initial retroreflection is affected by the amount of heat applied during installation. When ambient temperatures are such that greater amounts of heat are required for proper installation, initial retroreflection levels may be affected. APPLICATION: 4. I. Asphalt: The materials shall be applied using the propane torch method recommended by the manufacturer. The material must be able to be applied without minimum requirements for ambient and road temperatures and without any preheating of the pavement to a specific temperature. The material must be able to be applied without the use of a thermometer. The pavement shall be clean, dry and free of debris. Supplier must enclose application instructions in English and Spanish with each box/package. 4.2. Portland Cement Concrete: The same application procedure shall be used as described under Section 4.1. However. a compatible primer sealer shall be applied before application to assure proper adhesion. PACKAGING: The preformed thermoplastic markings shall be placed in protective plastic film with cardboard stiffeners where necessary to prevent damage in transit. Linear material must be cut to a maximum of 3' long pieces. Legends and symbols must also be supplied in flat pieces. The cartons in which packed shall be non-retumabic and shall not exceed 40" in length and 25" in width, and be labeled for ease of identification. The weight of the individual carton must not exceed seventy (70) pounds. A protective film around the box must be applied in order to protect the material from rain or premature aging. TECHNICAL SERVICES: The successful bidder shall provide technical services as required. PERFORMANCE: The preformed thermoplastic markings shall meet state specifications and he approved for use by the appropriate state aeencv. 0(,22 10 1160 SERIES AJt+*,0Ao%ftV y WATERBORNE ACRYLIC TRAFFIC PAINT (T7P-1952E TYPE ll) 1160 Series is a 100% acrylic waterborne traffic paint formulated to deliver extraordinary performance. It is extremely fast drying over a broad range of application conditions and has excellent durability. 1160 Series is recommended for striping long line traffic markings on roads and highways. or other traffic surfaces including parking lots, driveways. sidewalks and runways. It may be applied over asphalt, Portland cement and concrete pavement. 1160 Series is available in white, lead-free yellow, black, red. blue and green. TECHNICAL DATA Property ' .1160 stt66 Other •'ate' {'. �+ _ �wWfiite _*zYiFYellow , Pigment. 60 60 60 % by weight. Minimum Tolal Solids 77 77 76 % by wekthl, Minimum Nonvolatile Vehicle 42 42 42 % by wW)t. Minimum Weight 14 13.6 13.5 per gallon. Ibs W-0.3) Viscosity 80-95 80-95 60-95 Q770RKU Grind (I-tegtnan Gauge) 4 4 4 Minimum Contrast Ratio 0.95 0.92 0,92 5 mil wet. Minimum Directional Retlectance 90 50 NA 5 mil wet. Minimum Field Tesl Time 20-90 20-90 20-90 No Irack time 4, ambient conalions. seconds Dry Through Time 125 125 t 25 15 mils wet B 90%RH. Minute, Max ASTM D-711 No Pick Up Time, 10 10 10 vnthout Beads, minutes. Max ASTM 0-711 Thinner Water Water Water VOC 4/I, Max 100 100 100 ADVANTAGES • Superior durability. • Excellent adhesion • Fast drying under a wide range of climatic conditions. • Remains flexible over time. • Can be applied with conventional or airless spray equipment. • No thinning for application PACKAGING • 1 gallon can • 5 gallon pail • 55 gallon drum • 250 gallon tote COVERAGE • 100 square feet per gallon at 15 mil wet film • 300 linear feet of 4" line per gallon at 15 mil wet film. R.r 1160 SERIES WATERBORNE ACRYLIC TRAFFIC PAINT (TTP-1952E TYPE 11) SURFACE PREPARATION In general, coating performance is in direct proportion to the quality of the surface preparation. Before applying coatings, the surface should be clean and dry. The surface must be free of oil. grease, gasoline and moisture. APPLICATION • Do not apply when the temperature is below 50`F. • Do not heat coating in striping system above 11 O°F. • Do not apply first coat over fresh asphalt at more than 7 mils wet. • Allow first coat to dry before applying second coat. • New asphalt and concrete must be allowed to cure for a minimum of 30 days before application of product. • Do not leave water or water mixed with non -subsiding cleaner for more than 24 hours in spray equipment. It is re- commended to use a mixture of glycol solution and water for storing spray equipment longer than 72 hours, • Surface temperature must be at least 50F above dew point to prevent condensation. • DO NOT MIX WITH WATER. This product comes ready mixed. GOVERNMENT SPECIFICATIONS • Meets Federal Sid. 141 Dam American Standard Test Method (ASTM) • Meets FS TTP-1952E Type 11 • Meets Caltrans PTWB-01 R2 MIXING To get an even coverage of paint pigment, the paint should be agitated for 10-15 minutes. If necessary, strain the paint and remove any skins before mixing. Do not attempt to mix hardened paint films with liquid paint ENVIRONMENTAL n • Meets SCAOMD Rule 1113- • Dry paint chips are non -toxic • Meets Federal Clean Air Act Regulations CLEAN UP Immediately clean all equipment after use with fresh water to remove any partially dried material. if paint is dry, a solvent may be necessary but be careful not to contaminate this and all waterborne paints with solvents. SAFETY PRECAUTIONS For industrial use only. Not for residential use. See and read MSDS and product labels before use. Safety precautions must be strictly followed during storage, handling and use. SHELF LIFE Water base paints are best utilized within 3 months of delivery but remains usable for 12 months. WARRANTY Colorado Paint warrants to the purchaser. for 6 months from the date of manufacturing. that this product when applied according to Colorado Paint Application Instructions, shall be manufactured without defects. This limited warranty covers material replacement only. Excluded from coverage is labor. any damage to the application surface or any failure of the coating caused other than by defects in the material. COLLORADO PAINT COMPANY 7.3r', wy " �z d' f .• C ry.r $ � .,zc#rst ryR.� s»,w �r3s#�'n Y . wwwcolorao"alnl0cm. At+MA*"AP G. Description This specification covers glass spheres for application on water borne traffic paint markings for the production of retroreflective pavement markings. The glass spheres shall be transparent, colorless and free from milkiness, dark particles or carbon residues, and excessive air inclusions. All +20 mesh beads shall be produced from virgin glass by direct mel. methods. The glass spheres shall be free of hard lumps and clusters and shall dispense readily under any conditions suitable for paint striping. Specific Sphere Requirements A. Gradation Glass spheres for regular waterborne traffic paint '-Qc) t' kc,1 to The glass spheres for regular waterborne traffic paint shall meet the gradation requirements for type as given below: Sieve Size Percent Passing 14 100 16 99-100 20 75- 95 30 55- 85 50 10- 35 100 0- 5 D. Coating The spheres shall have a Dual Coating. The coating shall have both a moisture resistant coating and an adhesion promoting coating. The beads shall pass the moisture resistance test and the adherence coating test. B. Roundness The glass spheres shall have a minimum of 80 percent true spheres. C. Refractive Index The glass spheres shall have a minimum refractive index of 1.50. SECTION 03500 PROJECT INDEX Project area in alphabetical order: • Huntington Hills • JFK 2 • Prospect Rd - Lemay to Timberline • Mantz • Saint Wain • Thunderbird Estates • W Magnolia • W Swallow Area Fo t Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2016-2017 Project Planning Map 20 of 41 Revised January 28. 201e Legend 2016 projects Adjacent 2016 projects 2017 Projects City Limits —Surface treatment —Surface treatment • Surface treatment ®Schools Overlay — Overlay • • r Overlay —Reconstruct —Reconstruct • Concrete Pvmt w 5atum Or 2017 Ct 'gym. = Y 3 :+y C U p J �d F t"F ' I N ade T c 3 u. tY VP�F °bf c y39 F°Meea° 4�i I� I� o o� Smokey St N jA W+E S o S0t _ QQyy,, k111��eenp�r Oak ^�asilredere PI Leal C V G +=% .J �dsy"H Pin+iar� PI Smn St Ibis'Ln9r�rC Q _ Dora! p way Ck Dunne or Shadbury CI E Sawm Dr v O ounrovart Dr Cn Ct POL Cr cl' Saint Dr .o S c I i POL�aeW Or POL Charrngron Ct E S Dr 0000 II Ih Ct E Skyway Dr ;POL LyrnO►_--- - j _ Nvian St Poz Xy` --- u Keswck Ct .._. __._ _ Huntingmn P%ormandy Ct Hill Ct Ashton Cl ,1 L' Foail Creek Pkwy POL ;�Merehall St co" St �rff�r�T3 m sl rA S 0 890 1,780 Feet 1 1 I Huntington Hills Fort Collins Streets Legend 2016 projects —Surface treatment Overlay anommeReconstruct Adjacent 2016 projects — Surface treatment — Overlay — Reconstruct STREET MAINTENANCE PROGRAM (SMP) 2016-2017 Project Planning Map 21 of 41 Revised January 28. 2016 2017 Projects • Surface treatment • • Overlay • • Conuete Pvmt 1--i City Limits ® Schools N W+E S 0 740 1,480 Feet I I I JFK 2 Fort Collins Streets Legend 2016 projects —Surface treatment —Overlay Reconstruct Adjacent 2016 projects — Surface treatment —Overlay —Reconstruct STREET MAINTENANCE PROGRAM (SMP) 2016-2017 Project Planning Map 26 of 41 Revlaed January 28. 201e 2017 Projects • • -Surface treatment • • -Overlay • ° - Concrete Pvmt ' - !City Limits 122 Schools N W+E ��YY S of FOr't Collins i-� Streets STREET MAINTENANCE PROGRAM (SMP) 2016-2017 Project Planning Map 23 of 41 Revised Jamery 20. 2M Legend 2016 projects Adjacent 2016 projects 2017 projects City Limits Surface treatment — Surface treatment • • � Surface treatment tZd Schools —Overlay — Overlay a • , Overlay Reconstruct —Reconstruct • , Concrete Pvmt R City Park Heights 2 a -- y W bN m t h h ism w i m m. �i W POL I POL r Lantz PI POL O a A, St d mC F D m W Laurel St POL NNA;�, W+E �F S st,-- _ 0 300 600 Feet I l t Mantz SECTION 00300 BID FORM PROJECT: 8320 Asphalt Overlay Project Place: _Ft. Collins. CO Date: 06 /03 / 16 In compliance with your Invitation to Bid dated 06103 , 201�L and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the 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. The Specifications shall include, but are not limited to: 2016 General Requirements, 2011 Standard Specifications for Road and Bridge Construction as amended by the Contract Documents. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum Of 92 of the hid amount ($ 1 in accordance with the Invitation To Bid and Instructions to Bidders. 4 The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment Bonds is as follows: i.iherr3r Mutual- 141, CnngresF St_ St- Boston MA 02110 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. 01 through 03 a. BID SCHEDULE (Base Bid) O N A O A m O T N 3 " 0 r o In N << no N C p fD 7 CL C1 C � m N 3 m ' i' a x0cn° n O m o� N (D o [2l CD N � 3a 7 � • • w • N • p J A O cn ^+ v m 'o = m d (D `c 0 A (9 0 I(D — ur "O N °) < 3 3 _ m fn 0 n O r 0 o _ �+ 3 m� U) m m D Z O m i Z T D N Z O n V m PACCIO a F �016ci D end Dr �iN Y i�r N m g ' o fronMge Rd 2017 (Frontage Rd) •••••.•••••.••.•.••+ 2017 fFnlelgo Rd) o..M.-.....-...•-.......�..aaaa S Collene Ave .,... ..wsa•..• L0 : C POL • Prof IcPOL T •R■Ntngton Sl ■ _o .m rn m ■ • -o o . 0 .m .N a ■ .p a,` O oa� � d �dIF �. c V • T: CL co . r--- . cr i C. I •. • hbm Rd • ��� N 2017 ISfeM'JJd Rr1J A la A (p :___... _ - Cortez St QI a � B N n ProfilePOL Or Harvard St v 7• ProfilePOL Mamws St m � Q ProfilePOL ff/ 04 o m O r- . 2017 (Scorch Fines 3) SWd"d Rd • ,p s :0 0 r C C 1D O = N .�. to < m Nas n 2 a el � 3 g m „ • • N V o c0 c p A 2) n m_ 2) on m m 3 rn o o m 3 ca m m D F�o�t of �•' Streets Legend 2016 projects —Surface treatment —Overlay —Reconstruct Adjacent 2016 projects — Surface treatment Overlay — Reconstruct STREET MAINTENANCE PROGRAM (SMP) 2016-2017 Project Planning Map 39 of 41 Revised January 28. 201E 2017 Projects • • Surface treatment • • Overlay • Concrete Pvmt City Limits QZ Schools N W+E S 0 570 1,140 Feet I I W Magnolia Fort Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2016-2017 Project Planning Map 40 of 41 Redaed January 28. 21318 Legend 2016 projects Adjacent 2016 projects 2017 Projects -1Cfty Limits —Surface treatment — Surface treatment • a, Surface treatment M Schools —Overlay —Overlay •• Overlay •Reconstruct — Reconstruct a ^ - Concrete Pvml Concord or cY 1b11cEo•rn Ave W Drake Rd QO" Glen POL r 1 O POL POL ( tiasunespr POL B POD � FremontCt p i a < POL POL POL 4i —�-- __ ►trA9t , POL ---- O Zi Q.S'Varbn Cr ,o� fa as 3� i , Silvc.�fum� Devrease St - �� V ' nieon . k'SWallow Rd r i Dora St < POL 0 520 1,040 Feet I I W Swallow Area SECTION 04000 Erosion Control, Inlet Protection, Fugitive Dust Prevention Index: Part 1 - Dust Prevention and Control Manual Part 2 - Environmental Standard Operating Procedures I il* CONTENTS 1.0 Introduction 1 1.1 Title 1 1.2 Purpose of Manual 1 1.3 Applicability 1 1.4 Definitions 2 2.0 Fugitive Dust and the Problems it Causes 5 2.1 What is Fugitive Dust, Generally? 5 2.2 Why is the City Addressing Fugitive Dust? 5 2.3 Health and Environmental Effects 6 2.4 Nuisance and Aesthetics 6 2.5 Safety Hazard and Visibility 6 3.0 Best Management Practices 7 3.1 Earthmoving Activities 8 3.2 Demolition and Renovation 10 3.3 Stockpiles 12 3.4 Street Sweeping 14 3.5 Track-out/Carry-out 15 3.6 Bulk Materials Transport 16 3.7 Unpaved Roads and Haul Roads 18 3.8 Parking Lots 19 3.9 Open Areas and Vacant Lots 21 3.10 Saw Cutting and Grinding 22 3.11 Abrasive Blasting 24 3.12 Mechanical Blowing 26 4.0 Dust Control Plan for Land Development Greater Than Five Acres 28 Dust Prevention and Control Checklist 31 5.0 Resources 32 5.1 Cross Reference to Codes, Standards, Regulations, and Policies 32 5.2 City of Fort Collins Manuals and Policies 35 5.3 References for Dust Control 35 Dust Prevention and Control Manual Page i 1.0 Introduction 1.1 Title The contents of this document shall be known as the Dust Prevention and Control Manual ("the Manual'). 1.2 Purpose of Manual The purpose of the Manual is to establish minimum requirements consistent with nationally recognized best management practices for controlling fugitive dust emissions and to describe applicable best management practices to prevent, minimize, and mitigate off -property transport or off -vehicle transport of fugitive dust emissions pursuant to Chapter 12, Article X of the Fort Collins City Code (§§12-150 et. seq) for specific dust generating activities and sources. The purpose of Chapter 12, Article X of the Code is to protect the health, safety, and welfare of the public, including prevention of adverse impacts to human health, property, sensitive vegetation and areas, waters of the state, and other adverse environmental impacts and to prevent visibility impairment and safety hazards caused by emissions of particulate matter into the air from human activities. 1.3 Applicability This Manual applies to any person who conducts, or is an owner or operator of, a dust generating activity or source, as defined in the Code and described in this Manual, within the City of Fort Collins, subject to the exclusion set forth in Code §12-150(b)(3). Dust Prevention and Control Manual Page 1 1.4 Definitions Abrasive blasting shall mean a process to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Additional best management practice shall mean using at least one additional measure if the required best management practices are ineffective at preventing off -property transport of particulate matter. Additional requirements shall mean when applicable, any measure that is required, e.g., a dust control plan when project sites are over 5 acres in size. j- shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air. Bulk materials transpo i shall mean the carrying, moving, or conveying of loose materials including, but not limited to, earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate, dirt, mud, construction or demolition debris, and other organic or inorganic material containing particulate matter onto a public road or right-of-way in an unenclosed trailer, truck bed, bin, or other container. err° shall mean the Fort Collins City Code, as amended from time to time. shall mean the installation of a temporary cover material on top of disturbed soil surfaces or stockpiles, such as netting, mulch, wood chips, gravel or other materials capable of preventing wind erosion. Shall mean any action or process that is used to prevent or mitigate the emission of fugitive dust into the air, including but not limited to the best management practices identified in this Manual. shall mean a process, operation, action, or land use that creates emissions of fugitive dust or causes off -property or off -vehicle transport. Dust generating activity or source shall include a paved parking lot containing an area of more than one half (1/2) acre. Earthrnovinq shall mean any process that involves land clearing, disturbing soil surfaces, or moving, loading, or handling of earth, dirt, soil, sand, aggregate, or similar materials. Fr{gitive dust shall mean solid particulate matter emitted into the air by mechanical processes or natural forces but is not emitted through a stack, chimney, or vent -'shall mean the current or forecasted wind speed for the Fort Collins area as measured at the surface weather observation station KFNL located at the Fort Collins Loveland Municipal Airport or at Colorado State University's Fort Collins or Christman Field weather stations or as measured onsite with a portable or hand-held anemometer. The City will use anemometers whenever practicable. Dust Prevention and Control Manual Page 2 Maximum speed limit shall mean the speed limit on public rights -of -way adopted by the City pursuant to Fort Collins Traffic Code adopted pursuant to City Code Section 28-16 for private roadways, a speed limit shall be established as appropriate to minimize off -site transportation of. rh;urirul shall mean any portable machine powered with an internal combustion or electric -powered engine used to blow leaves, clippings, dirt or other debris off sidewalks, driveways, lawns, medians, and other surfaces including, but not limited to, hand-held, back- pack and walk -behind units, as well as blower - vacuum units. nr±shall mean the visible emission of fugitive dust beyond the property line of the property on which the emission originates or the project boundary when the emission originates in the public right-of-way or on public property. Off -vehicle trmrsport shall mean the visible emission of fugitive dust from a vehicle that is transporting dust generating materials on a public road or right-of-way. On -tool local exhaust ventilation shall mean a vacuum dust collection system attached to a construction tool that includes a dust collector (hood or shroud), tubing, vacuum, and a high efficiency particulate air (HEPA) filter. On -tool wet dust suppression shall mean the operation of nozzles or sprayers attached to a construction tool that continuously apply water or other liquid to the grinding or cutting area by a pressurized container or other water source. Open area shall mean any area of undeveloped land greater than one-half acre that contains less than 70 percent vegetation. This includes undeveloped lots, vacant or idle lots, natural areas, parks, or other non-agricultural areas. Recreational and multi -use trails maintained by the City are not included as an open area. Operator orowne: shall mean any person who has control over a dust generating source either by operating, supervising, controlling, or maintaining ownership of the activity or source including, but not limited to, a contractor, lessee, or other responsible party of an activity, operation, or land use that is a dust generating activity or source. Particulate matter shall mean any material that is emitted into the air as finely divided solid or liquid particles, other than uncombined water, and includes dust, smoke, soot, fumes, aerosols and mists. Required best management practices shall mean specific measures that are required to be implemented if a dust generating activity is occurring. 5-rr, tii c ro c u shall mean a specific area that warrants special protection from adverse impacts due to the deposition of fugitive dust, such as natural areas (excluding buffer zones), sources of water supply, wetlands, critical wildlife habitat, or wild and scenic river corridors. Soil retention shall mean the stabilization of disturbed surface areas that will remain exposed and inactive for 30 days or more or while vegetation is being established using mulch, compost, soil mats, or other methods. S+o: frpiia'shall mean any accumulation of bulk materials that contain particulate matter being stored for future use or disposal. This includes backfill materials and storage piles for soil, sand, dirt, mulch, aggregate, straw, chaff, or other materials that produce dust. Storm drainage facility shall mean those improvements designed, constructed or used to convey or control stormwater runoff and to remove pollutants from stormwater runoff after precipitation. Dust Prevention and Control Manual Page 3 5320 ASPHALT OVERLAY PROJECT - ADDENDUM 2 REVISED BID SCHEDULE hem No. Nam DesOrlpbon Una 2015 Contract Quantities ramosetl Unit Pncr Proposed Ccmnc: Price 10303 Bond Pmcirementand GbbiWiLan ISum , 43,600 1 43 600.00- 202.01 Plarvq and SudacePreoarabon Odom .3-- men DmmWIM70- Square Yam 57.Do0 3.15 f 179 550.00 202.C2 Pia,09 and Surface P,,.,a,Wn Depth 3'. 57-Mn Drum W1dm 77 Square Yam 3,000 1 202 D4 Taper P!anirq Adjacent m Gutter Lineal Fast 30 000 12 . 3 5 7 20206 Scout StVaMilaq<3--onrmWmnlB-24- Swam Yam 1.530 �6.50 f 9 750.00 - 202 C7 Boacal Sys kWina.Addrwnal Inn Thickness Swam Yatralps, 200 .65 f 130. 00 - 202.08 Atltl4ianar Saw Cutting of Asphae • 3- Mnunurn Lmaai Fact 1,20U 2.0o f - z 4ao.00 203.01 Excavation - General Less Than 100CY CutaaYard Soo 25.85 $ 12 925.00- 20304 Bong (Complete In Place) • Less Then IDO Ton Ton 50 33.10 1 1,655 .00 203 O6 Barrpw (ShouWemq - Complete m Riau) 314' Virus RAP Lineal Fact 1,000 1.25 5 1 250 .00 200 D1 Ruck Viatim Lineal Fool 700 3.40 1 2 OO - 206,02 Crumb Rubber Wattle LmealFool 10 12.25 f3f80 5 122.50 . 20004 SWWMa.ntena,,mLog -1ACar h3pecvan Each i5 195.00 5 2,925.00 210.02 adjust Vm,mBo. Each, 160 164.00 f 26 240.00- 210.03 Adjust VelveSo. wsmRing Eaci 225 73.00 1 f 16 425.00- 210 04 Adjust Valve Box -Tyler 68M Series, Item R 69 Screw Type Adjustable Riser Each 37 91.50 5 3 385.5.r0 21005 Adjust and Replace Too Section ofVelveSC,, Earn 20 325.00 5 6 500.00 ' 210.09 Tam Valve Bca Peo:acement. TyW SM Series, 3C- Bodom Section Eac, 7 49 1 3 465.00 210,10 Adjust Sunme!Mannoles24- Eacn 200 386.00 IS 77 2Qor0Q 21011 Adjust Special NUnhole�24- Each 30 485.00 5 14 550.00- 210.12 Adjust Manhole int,Rug Each 35 200.00 5 7 000.00 - 210.13 Adµn; Manhole min Lociing Ring 124-cut. d 3-height Earn 150 200.00 1 30 000 Q71 210,14 Adjust Manhole mM Locsmg Ring 524' 6e. a 3-neignt Each I 5 200 Q f I.yl Q ' 210.15 Adjust Manhole wan Looking Ring a24-ca. 13'Nigh! Earn 1C 230.00 f 2 30-0.00 210. 16 Adltiv Muhhole vnM Locking Ring>24',I a 3-height Each 5 230.00 51 1 150.00 210.17 nentan AMhole lnun4.e Achleved SSWEac, 30 $ 500.00 L 15,00000 40302 HMA- G.admg Sx.(75) 64.22 Binder Ton 8.000 65.30 5 522 400.00 40303 HIM - Grading S.(75)50.78 Endo Ton 3.000 64.00 192,000.00 AC3 04 MAN d7 - Gramg S. (5) 64.22 Binder Ton 13.D00 --- /�. 58 2 6 150.0V 40305 HMS-GradngS.(75)64-28Modified Uder Ton 4.W 68.30 5307 350.010- 403.07 iHa4A- Grading S 7W100 Hand patching - Remo+eL Replace loa 2000 120.00 5240QQQ. QU 403 OB (HMA Paver Patching - Remeve A Replace Tort 1,000 2yy n Ys.Y S 1 40309 HMA Grading SX.(75)64-22 Leveling s 50 Tons Tons/Pmject 200 5 15.000.00 403, tO HMA Grading Sx, (75)64-22 Leve ing 51 to IDD Tons TCnl.rPro!edt 200 75.00 515 QQQ . Q0 403.11 HMA Grading Sx, (75) 64-22 Leveling: > 100 Tons T.hVis m 400 f 403.12 HMA Gracing Sa. (75) 64.22 LevetngRnin 0veday: 150 uw Greater TonsDay 1.DDC 75 . 00 - 175 .000.00 403.13 HAP - Speed Humps, Gnding SISx (75iC-4-22 Square Yard 600 136 . 50 521 900 . 00 42001 Geoul Pj, NV Fabric Square Yam 12,000 1. 77 3 42002 GlassGncM98511-SmanCuanuylnstauauon Sosanyard 4DO 9 21 53 68 00 627.01 InalallabonatThennopiai Hour 20 230.86 54 617.20 - 627,02 Lead Warner tot S:nomgLayout Hour 100 45.27 54 27.00 e27.03 Suppo4Wbnersfix SbrpingLayout Hour 250 33.95 58 487.50 ' 627.04 Pavement Marking P2m1 Gallon 1,000 67,90 627.05 Pavement Marl Removal tin (Surface Gmding) Swore Foal 200 5.66 51 132.00 627.06 61ncm Wham Line (Thereto) Lineal Fool 1450 5 . 4 3 5 7 8 73 . 5 0 - Surface roughening shall mean to modify the soil surface to resist wind action and reduce dust emissions from wind erosion by creating grooves, depressions, ridges or furrows perpendicular to the predominant wind direction using tilling, ripping, discing, or other method. l . � shall mean the carrying of mud, dirt, soil, or debris on vehicle wheels, sides, or undercarriages from a private, commercial, or industrial site onto a public road or right-of- way. shall mean the planting or seeding of appropriate grasses, plants, bushes, or trees to hold soil or to create a wind break. All seeded areas must be mulched, and the mulch should be adequately crimped and or tackified. If hydro -seeding is conducted, mulching must be conducted as a separate, second operation. All planted areas must be mulched within twenty- four (24) hours after planting. Wet suppression shall mean the application of water by spraying, sprinkling, or misting to maintain optimal moisture content or to form a crust in dust generating materials and applied at a rate that prevents runoff from entering any public right-of-way, storm drainage facility or watercourse. shall mean an obstruction at least five feet high erected to assist in preventing the blowing of fugitive dust, comprised of a solid board fence, chain link and fabric fence, vertical wooden slats, hay bales, earth berm, bushes, trees, or other materials installed perpendicular to the predominant wind direction or upwind of an adjacent residential, commercial, industrial, or sensitive area that would be negatively impacted by fugitive dust. Dust Prevention and Control Manual Page 4 2.0 Fugitive Dust and the Problems it Causes 2.1 What is Fugitive Dust, Generally? Dust, also known as particulate matter, is made up of solid particles in the air that consist primarily of dirt and soil but can also contain ash, soot, salts, pollen, heavy metals, asbestos, pesticides, and other materials. "Fugitive" dust means particulate matter that has become airborne by wind or human activities and has not been emitted from a stack, chimney, or vent. The Colorado Department of Public Health and Environment (CDPHE) estimates that more than 4,300 tons of particulate matter are emitted into the air in Larimer County annually. The primary sources of this particulate matter include construction activities, paved and unpaved roads, and agricultural operations. The quantity of dust emitted from a particular activity or area and the materials in it can depend on the soil type (sand, clay, silt), moisture content (dry or damp), local wind speed, and the current or past uses of the site (industrial, farming, construction). 2.2 Why is the City Addressing Fugitive Dust? Colorado state air regulations and Larimer County air quality standards generally require owners and operators of dust generating activities or sources to use all available and practical methods that are technologically feasible and economically reasonable in order to prevent fugitive dust emissions. However, state regulations and permitting requirements typically apply to larger stationary sources rather than to activities that generate dust. Larimer County fugitive dust standards apply only to land development. Although state and county requirements apply to many construction activities, they do not address many sources of dust emissions and City code compliance officers do not have authority to enforce state or county regulations. Fort Collins is experiencing rapid growth and development that has contributed to local man-made dust emissions. The City has established Chapter 12, Article X of the Code (§§12-150- 12-159) to address dust generating activities and sources that negatively impact citizens in Fort Collins. Dust Prevention and Control Manual Page 5 2.3 Health and Environmental Effects Dust particles are very small and can be easily inhaled. They can enter the respiratory system and increase susceptibility to respiratory infections, and aggravate cardio-pulmonary disease. Even short-term exposure to dust can cause wheezing, asthma attacks and allergic reactions, and may cause increases in hospital admissions and emergency department visits for heart and lung related diseases. Fugitive dust emissions can cause significant environmental impacts as well as health effects. When dust from wind erosion or human activity deposits out of the air, it may impact vegetation, adversely affect nearby soils and waterways, and cause damage to cultural resources. Wind erosion can result in the loss of valuable top soil, reduce crop yields, and stunt plant growth. According to the Environmental Protection Agency (EPA), studies have linked particulate matter exposure to health problems and environmental impacts such as: -Health Impacts: o Irritation of the airways, coughing, and difficulty breathing o Reduced lung function and lung cancer o Aggravated asthma and chronic bronchitis o Irregular heartbeat and increases in heart attacks -Environmental Impacts: o Haze and reduced visibility o Reduced levels of nutrients in soil 2.4 Nuisance and Aesthetics Dust, dirt and debris that become airborne eventually settle back down to the surface. How far it travels and where it gets deposited depends on the size and type of the particles as well as wind speed and direction. When this material settles, it can be deposited on homes, cars, lawns, pools and ponds, and other property. The small particles can get trapped in machinery and electronics causing abrasion, corrosion, and malfunctions. The deposited dust can damage painted surfaces, clog filtration systems, stain materials and cause other expensive clean-up projects. 2.5 Safety Hazard and Visibility Blowing dust can be a safety hazard at construction sites and on roads and highways. Dust can obstruct visibility and can cause accidents between vehicles and bikes, pedestrians, or site workers. Dust plumes can also decrease visibility across a natural area or scenic vistas. The "brown cloud", often visible along the Front Range during the winter months, and the brilliant red sunsets that occur are often caused by particulate matter and other pollutants in the air. Dust Prevention and Control Manual Page 6 3.0 Best Management Practices This Manual describes established best management practices for controlling dust emissions that are practical and used in common practice to prevent or mitigate impacts to air quality from dust generating activities and sources occurring within Fort Collins. The objective of the dust control measures included in this Manual is to reduce dust emissions from human activities and to prevent those emissions from impacting others and is based on the following principles: avoid creating dust emissions through good project planning and modifying or replacing dust generating activities. Minimize — reduce dust emissions with methods that capture, collect, or contain emissions. Mitigate — when preventing fugitive dust or minimizing the impacts are not feasible, the Manual provides specific measures to mitigate dust. More specifically, the Manual establishes the following procedures for each dust generating activity outlined in this Chapter: 1. Required Best Management Practices —this section includes the specific measures that are required to be implemented if the dust generating activity is occurring. For example, high wind restrictions (temporarily halting work when wind speeds exceed 30 mph) are required best management practices for earthmoving, demolition/renovation, saw cutting or grind, abrasive blasting, and leaf blowing. 2. Additional Best Management Practices —this section includes additional measures if the required best management practices are ineffective at preventing off -property transport of particulate matter. At least one of the additional best management practices outlined in the Manual must be implemented on the site to be in compliance with the Manual and Code. 3. Additional Requirements — When applicable, additional measures are also required, e.g., a dust control plan when project sites are over 5 acres in size. The Dust Prevention and Control Checklist included on page 31 of this Manual provides a "quick guide" to dust control BMPs covered in the following sections of the Manual. Dust Prevention and Control Manual Page 7 3.1 Earthmoving Activities Above: This figure illustrates earthmoving, which is an activity that can generate dust. Dust emissions from earthmoving activities depend on the type and extent of activity being conducted, the amount of exposed surface area, wind conditions, and soil type and moisture content, including: • Site preparation (clearing, grubbing, scraping) • Road construction • Grading and overlot grading • Excavating, trenching, backfilling and compacting • Loading and unloading dirt, soil, gravel, or other earth materials • Dumping of dirt, soil, gravel, or other earth materials into trucks, piles, or receptacles • Screening of dirt, soil, gravel, or other earth materials Best h?aruwenzerrt Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Minimize disturbed area: plan the project or activity so that the minimum amount of disturbed soil or surface area is exposed to wind or vehicle traffic at any one time. (ii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate to mitigate off -property transport of dust entrained by vehicles. (iii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (iv) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (v) Restrict access: restrict access to the work area to only authorized vehicles and personnel. Dust Prevention and Control Manual Page 8 (b) Additional Best Management Practices: In the event 3.1(a)(i)-(v) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to disturbed soil surfaces, backfill materials, screenings, and other dust generating operations as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, stormwater drainage facility, or watercourse. (ii) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. (iii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iv) Surface roughening: stabilize an active construction area during periods of inactivity or when vegetation cannot be immediately established. (v) Cover: install cover materials during periods of inactivity and properly anchor the cover. (vi) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established. (c) Additional requirements: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source at a construction site or land development project with a lot size equal to or greater than five (5) acres also shall implement the following measures: (i) Dust Control Plan: submit a plan that describes all potential sources of fugitive dust and methods that will be employed to control dust emissions with the development construction permit application or development review application (see Chapter 4 of this Manual). A copy of the Dust Control Plan must be onsite at all times and one copy must be provided to all contractors and operators engaged in dust generating activities at the site. (ii) Construction sequencing: include sequencing or phasing in the project plan to minimize the amount of disturbed area at any one time. Sites greater than 25 acres in size may be asked to provide additional justification, revise the sequencing plan, or include additional best management practices. Dust Prevention and Control Manual Page 9 3.2 Demolition and Renovation Above: This photo illustrates restricting access (a required best management practice) and a wind barrier (an additional best management practice) for demolition and renovation activities. Dust generated from demolition activities may contain significant levels of silica, lead, asbestos, and particulate matter. Inhalation of silica and asbestos is known to cause lung cancer, and exposure to even small quantities of lead dust can result in harm to children and the unborn. In addition to complying with the dust control measures below, any person engaged in demolition or renovation projects must comply with applicable state and federal regulations for asbestos and lead containing materials and notification and inspection requirements under the State of Colorado Air Quality Control Commission's Regulation No. 8, Part B Control of Hazardous Air pollutants. ;1Cst alOnnJemenI PiaC1ices 10 COWlO .UT , (a) Required Best Management Practices: Any person, owner, or operator who conducts demolition or renovation that is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Asbestos and lead containing materials: demolition and renovation activities that involve asbestos or lead containing materials must be conducted in accordance with 2012 International Building Code (IBC), as adopted by the Code Sec. 5-26 and amended by Code Sec. 5-27 (59) (amending IBC §3602.1.1) and all other state and local regulations; (ii) Restrict access: restrict access to the demolition area to only authorized vehicles and personnel; (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport; and (iv) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. Dust Prevention and Control Manual Page 10 (b) Additional Best Management Practices: In the event 3.2(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to demolished materials or pre -wet materials to be demolished as necessary. Prevent water used for dust control from entering any public right-of- way, storm drainage facility, or watercourse. (ii) Wind barrier: construct a fence or other type of wind barrier to prevent onsite dust generating materials from blowing offsite. (c) Additional requirements: (i) Building permit compliance: comply with all conditions and requirements under any building required pursuant to the Code and/or the Land Use Code. Above: This photo illustrates reducing drop height, a required best management practice. Dust Prevention and Control Manual Page 11 3.3 Stockpiles Above: This photo illustrates wet suppression, an additional best management practice for stockpiles. Stockpiles are used for both temporary and long-term storage of soil, fill dirt, sand, aggregate, woodchips, mulch, asphalt and other industrial feedstock, construction and landscaping materials. Fugitive dust can be emitted from stockpiles while working the active face of the pile or when wind blows across the pile. The quantity of emissions depends on pile height and exposure to wind, moisture content and particle size of the pile material, surface roughness of the pile, and frequency of pile disturbance. (a) Required Best Management Practices: Any owner or operator of a stockpile that is a dust generating activity or source shall implement the following best management practices to prevent off property transport of fugitive dust emissions: (i) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (b) Additional Best Management Practices: In the event 3.3(a)(i) is ineffective to prevent off -property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: Apply water to the active face when working the pile or to the entire pile during periods of inactivity. Prevent water used for dust control from entering any public right- of-way, storm drainage facility, or watercourse. (ii) Cover: install cover materials during periods of inactivity and anchor the cover. (iii) Surface roughening: stabilize a stockpile during periods of inactivity or when vegetation cannot be immediately established. Dust Prevention and Control Manual Page 12 (iv) Stockpile location: locate stockpile at a distance equal to ten times the pile height from property boundaries that abut residential areas. (v) Vegetation: seed and mulch any stockpile that will remain inactive for 30 days or more. (vi) Enclosure: construct a three -sided structure equal to or greater than the height of the pile to shelter the pile from the predominant winds. (c) Additional requirements: (i) Stockpile permit compliance: comply with all conditions and requirements under any stockpile permit required under the Code or the Land Use Code. (ii) Erosion control plan compliance: implement and comply with all conditions and requirements of the "Fort Collins Stormwater Criteria Manual, as adopted in Code Sec. §26-500; specifically, Volume 3 Chapter 7 "Construction BMPs". The Stormwater Criteria Manual may require the use of Erosion Control Materials, soil stockpile height limit of ten feet, watering, surface roughening, vegetation, silt fence and other control measures. Dust Prevention and Control Manual Page 13 Item No, Sem Description that 2016 Contract awnd6.a proposed Unit Price Proposed Contrr t Pik. 627.07 l s arch White Lne(Themw) Lined Foot 4.750 1 s 7 0- 627.00 2."WhoeLine (ThMmo) Lineal Food 200 19.93 13,986.00 627.09 Speed Rump Stencil (Themes) Each 6 1 - s916.68 627. 10 OAS Symbol (6 q) Wy Arow (Themro) Eadf 90 424.38s38.194.20 627.11 RIghOLM Arrow Sbnca (Them o) Each 115 S 527 12 B it 'ONLY' Steno (Theme) Each 1 474.91 3474.91 - 627.13 'RR Kit Narrow' Stardl (Themes) Each / - $3,440.32 927.1/ Temporary Yepcw Strong Tape Roll Each Roll 3 96-19 s 627.15 TemOarary Mas Sloping Tape Roll Each Poll 3 96.19 - s 288.57 630.01 Construction Zone Trail Cones Percent % 156 902 s 156 902.00 63002 VanacleMessage Board Par E.m)per Day 100 168.93 s1,351.44 - 63003 Flagging Hour 2.500 25.90 s 51 800.00 . BABE BID CONTRACT TOTAL s 3,401,779.8 INWORDS Three Million, Four Hundred and One Thousand, SeveaAundred and Seventy Nine Dollars and Eighty -Nine Cents arm u zF.uazP - r Rem No. ham Description Ua0 2016 Contract OwnlHlu Proposed Un11 price Prapeaed Contract Pike 20203 Planing Surface Preparaaan 5- b W. Mn Drum Wwv, 70- Sauare Yam 3.DOO 7.15 S 21 , 450. 00 - 20205 Pill" Support -Laaar.EouprtaM.NWariaN Hour 30 723.66 s 21 709.80- 203.07 Excavation - Genes Over 100 CY Cl we Yard 1,000 s 21 150 .00. 203.03 IE,cavabon • Mrcx Cubic Yard 1,000 22 $ . 0 203.05 BartowfCampletetoPlacal- OvarIDOTon Tan 105 36.04 s 3,784.20 • 206.03 Sit Fence Lineal Foat 50 2105 s 102.50 - 21001 Resetlt.lme. EAKIN 1 227.34 s 227.34 - 21006 Tyler BOW Senes. Kern 5111. 1a' Valve Box Enenswn (Pan Only) Each 1 61.07 - $61.07 210.07 Tyler 6860 Serve. is' Vain Box Top Section VWMOW Lid (Pan Only) Cam 15 61.07 s 916. 0'5 - 21000 Tyler 6860 Senes.264Val ve Box Top Section WiMpW Lid (Pon Only) Each 6 61.07 s 366.42 ' 30601 SuegraaPreparston Square Yard 10.000 1.14 $ 11 400.00- 3W02 Asphaft Recycing(5-121 BpmaB arw Pre, Square Yrd 5.000 4.60 s 23 000.00- 307.10 Class CFtyA,.NDell.ered 6 Spread 12'Deoth. t2%ty weignl Same Yes 15.000 8.77 $ 131,550.00 307.20 Stabilize SYllgrede-Tlaed,Watered,6Compacted Square Yard 10.000 4.18 S 41 800.00• /03.01 Il,na - Grading SX. (75) 5620 Bnoer Ton 1.000 67.70 S 7 7 0.00 .03.06 HMa Grading SG. (75) 64-22 Bulkier Ton 1.0w 59.95 s 59 950.00- 530.01 laghi Wws UPC". par Nlgm Waned 1 5,400 - BWALTERNATE-1COWRACTCOST yi32,607.38c. 3.4 Street Sweeping Left: This figure illustrates the use of a wet suppression and vacuum system, an additional best management practice for street sweeping. Street sweeping is an effective method for removing dirt and debris from streets and preventing it from entering storm drains or becoming airborne. Regenerative air sweepers and mechanical sweepers with water spray can also be effective at removing particulate matter from hard surfaces. (a) Required Best Management Practices: Any owner or operator that conducts sweeping operations or services on paved or concrete roads, parking lots, rights -of -way, pedestrian ways, plazas or other solid surfaces, and whose operations are a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Uncontrolled sweeping prohibited: the use of rotary brushes, power brooms, or other mechanical sweeping for the removal of dust, dirt, mud, or other debris from a paved public road, right-of-way, or parking lot without the use of water, vacuum system with filtration, or other equivalent dust control method is prohibited. Mechanical or manual sweeping that occurs between lifts of asphalt paving operations or due to preparation for pavement markings are excluded from this prohibition, due to engineering requirements associated with these operations. (b) Additional Best Management Practices: In the event 3.4(a)(i) is ineffective to prevent off -property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: use a light spray of water or wetting agent applied directly to work area or use equipment with water spray system while operating sweeper or power broom. Prevent water used for dust control from entering any storm drainage facility or watercourse. (ii) Vacuum system: use sweeper or power broom equipped with a vacuum collection and filtration system. (iii) Other method: use any other method to control dust emissions that has a demonstrated particulate matter control efficiency of 80 percent or more. Dust Prevention and Control Manual Page 14 Above: This figure illustrates an installed grate (left) and a gravel bed (right), both of which are additional best management practices associated with track-out/carry-out. Mud, dirt, and other debris can be carried from a site on the wheels or undercarriage of equipment and vehicles onto public roads. When this material dries, it can become airborne by wind activity or when other vehicles travel on it. This is a health concern and can cause visibility issues and safety hazards. Best Management Practires to Control Dost (a) Required Best Management Practices: Any owner or operator of any operation that has the potential to result in track -out of mud, dirt, dust, or debris on public roads and rights -of -way and whose operation is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Contracts and standards: comply with track -out prevention requirements and construction best management practices as set forth in the Code, City regulations or policies, as specified in applicable contract documents, and as set forth in the Fort Collins Stormwater Criteria Manual. (ii) Remove deposition: promptly remove any deposition that occurs on public roads or rights - of -way as a result of the owner's or operator's operations. Avoid over -watering and prevent runoff into any storm drainage facility or watercourse. (b) Additional Best Management Practices: In the event 3.5(a)(i)-(ii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Install rails, pipes, grate, or similar track -out control device. (ii) Install a gravel bed track -out apron that extends at least 50 feet from the intersection with a public road or right-of-way. (iii) Install gravel bed track -out apron with steel cattle guard or concrete wash rack. (iv) Install and utilize on -site vehicle and equipment washing station. (v) Install a paved surface that extends at least 100 feet from the intersection with a public road or right-of-way. (vi) Manually remove mud, dirt, and debris from equipment and vehicle wheels, tires and undercarriage. Dust Prevention and Control Manual Page 15 3.6 Bulk Materials Transport Above: This figure illustrates covered loads, a required best management practice for bulk materials transport. Haul trucks are used to move bulk materials, such as dirt, rock, demolition debris, or mulch to and from construction sites, material suppliers and storage yards. Dust emissions from haul trucks, if uncontrolled, can be a safety hazard by impairing visibility or by depositing debris on roads, pedestrians, bicyclists, or other vehicles. (a) Required Best Management Practices: Any owner or operator of a dust generating activity or source for which vehicles used to transport bulk materials to and from a site within the City on a public or private road or on a public right-of-way shall prevent off -vehicle transport of fugitive dust emissions. To prevent off -vehicle transport of fugitive dust to and from the site, the owner or operator shall implement the following measures: (i) Cover Loads: Loads shall be completely covered or all material enclosed in a manner that prevents the material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle. This includes the covering of hot asphalt and asphalt patching material with a tarp or other impermeable material. (ii) Minimize drop height: Drivers and operators shall load and unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. Dust Prevention and Control Manual Page 16 (b) Additional Best Management Practices: In the event 3.6(a)(i)-(ii) are ineffective to prevent off - vehicle transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to bulk materials loaded for transport as necessary to prevent fugitive dust emissions and deposition of materials on roadways. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Other technology: use other equivalent technology that effectively eliminates off -vehicle transport, such as limiting the load size to provide at least three inches of freeboard to prevent spillage. Above: This figure illustrates minimizing drop heights, a required best management practice for bulk materials transport. Dust Prevention and Control Manual Page 1 3.7 Unpaved Roads and Haul Roads Left: This figure illustrates surface improvements on an unpaved road, an additional best management practice. Road dust from unpaved roads is caused by particles lifted by and dropped from rolling wheels traveling on the road surface and from wind blowing across the road surface. Road dust can aggravate heart and lung conditions as well as cause safety issues such as decreased driver visibility and other safety hazards. Best klanggement Prnctices to Control Dust (a) Required Best Management Practices: Any owner or operator of an unpaved road located on a construction site greater than five acres on private property or an unpaved road used as a public right- of-way shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (ii) Restrict access: restrict travel on unpaved roads by limiting access to only authorized vehicle use. (b) Additional Best Management Practices: In the event 3.7(a)(i)-(ii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to unpaved road surface as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (ii) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. (iii) Access road location: locate site access roads away from residential or other populated areas. Dust Prevention and Control Manual Page 18 3.8 Parking Lots Above: This figure illustrates an unpaved parking lot in Fort Collins. This section applies to paved and unpaved areas where vehicles are parked or stored on a routine basis and includes parking areas for shopping, recreation, or events; automobile or vehicle storage yards; and animal staging areas. tU r.:f'Cil 'i i. i.i!- lliii' lr-<!Li �;lil 1.U(ti (a) Required Best Management Practices: Any owners or operator of an unpaved parking lot greater than one-half acre shall use at least one of the following best management practices to prevent off - property transport of fugitive dust emissions (i) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. (ii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iii) Wet suppression: apply water as necessary and appropriate considering current weather conditions to prevent off -property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (iv) Wind barrier: construct a fence or other type of wind barrier. (v) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (vi) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Dust Prevention and Control Manual Page 19 (a) Required Best Management Practices: An owner or operator of a paved parking lot greater than one-half acre and shall use at least one of the following best management practices to prevent off - property transport of fugitive dust emissions. (i) Maintenance: repair potholes and cracks and maintain surface improvements. (ii) Mechanical sweeping: Sweep lot with a vacuum sweeper and light water spray as necessary to remove dirt and debris. Avoid overwatering and prevent runoff from entering any public right-of-way, storm drainage facility, or watercourse. (iii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (iv) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Above: This photo represents improving the surface of a parking area, which is one measure to comply with the Manual. Dust Prevention and Control Manual Page 20 3.9 Open Areas and Vacant Lots Left: This photo represents adding vegetation by hydroseeding, which is one measure to comply with the Manual. Open areas are typically not a significant source of wind-blown dust emissions if the coverage of vegetation is sufficient or soil crusts are intact. However, if soils in open areas are disturbed by vehicle traffic, off -highway vehicle use, bicycling or grazing, or if they have become overpopulated by prairie dogs, dust emissions can become a problem. BPst almurgement PrncticE's to COWL-01 Dust (a) Required Best Management Practices: Any owner or operator of an open area greater than one-half acre shall use at least one of the following best management practices to stabilize disturbed or exposed soil surface areas that are intended to or remain exposed for 30 days or more and to prevent off - property transport of fugitive dust emissions: (i) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (ii) Cover: install cover materials over exposed areas during periods of inactivity and properly anchor the cover. (iii) Surface roughening: stabilize an exposed area during periods of inactivity or when vegetation cannot be immediately established. (iv) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established, using mulch, compost, soil mats, or other methods. (v) Wet suppression: apply water to disturbed soil surfaces as necessary and appropriate considering current weather to prevent off -property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (vi) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. Dust Prevention and Control Manual Page 21 3.10 Saw Cutting and Grinding Above: This photo illustrates concrete cutting and how the activity can generate dust. Cutting and grinding of asphalt, concrete and other masonry materials can be a significant short-term source of fugitive dust that may expose workers and the public to crystalline silica. Inhalation of silica can cause lung disease known as silicosis and has been linked to other diseases such as tuberculosis and lung cancer. Using additional best management practices during cutting and grinding operations can significantly reduce dust emissions. (a) Required Best Management Practices: Any person, owner, or operator that cuts or grinds asphalt, concrete, brick, tile, stone, or other masonry materials and whose operations are a dust generating activity or source shall use the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. Follow additional procedures prescribed in the Fort Collins Stormwater Criteria Manual or contract documents and specifications. Dust Prevention and Control Manual Page 22 (b) Additional Best Management Practices: In the event 3.10(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) On -tool local exhaust ventilation: use a tool -mounted dust capture and collection system. (ii) On -tool wet suppression: use a tool -mounted water application system. (iii) Vacuuming: use a vacuum equipped with a HEPA filter simultaneously with cutting or grinding operations. (iv) Wet suppression: use a water sprayer or hose simultaneously with cutting or grinding operations. (v) Enclosure: conduct cutting or grinding within an enclosure with a dust collection system or temporary tenting over the work area. Above: These photos illustrate how dust generated from cutting can be minimized by applying on -tool wet suppression, an additional best management practice associated with saw cutting and grinding. Dust Prevention and Control Manual Page 23 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 quantities at his sole discretion without affecting the 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. 10. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. Printed Date General Manager Title License Number (If Applicable) AttesAifBid (Seaby Corp ation) Pa rese E. Yarbrough Physical Address 1800 N. Taft Hill Rd Telephone 970-407-3615 Email kenneth.ball@martinmarietta.com 3.11 Abrasive Blasting Above: This photo illustrates abrasive blasting without dust mitigation in place. Abrasive blasting is used to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Abrasive blasting typically generates a significant amount of fugitive dust if not controlled. The material removed during abrasive blasting can become airborne and may contain silica, lead, cadmium or other byproducts removed from the surface being blasted.* Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts outdoor abrasive blasting or indoor abrasive blasting with uncontrolled emissions vented to the outside and whose operations are a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Enclosure: conduct abrasive blasting within an enclosure with a dust collection system or temporary tenting over the work area. Dust Prevention and Control Manual Page 24 (ii) Wet suppression blasting: use one of several available methods that mix water with the abrasive media or air during blasting operations. (iii) Vacuum blasting: conduct air -based blasting that uses a nozzle attachment with negative air pressure to capture dust. (iv) Abrasive media: select less toxic, lower dust -generating blasting media. *Blasting on surfaces that contain lead paint or wastes from sandblasting that contain hazardous materials maybe subject to additional state and federal requirements. Above: This photo illustrates wet suppression blasting, on additional best management practice. Dust Prevention and Control Manual Page 25 3.12 Mechanical Blowing Above: This photo illustrates mechanical blowing without dust mitigation in place. Mechanical blowers are commonly used to move dirt, sand, leaves, grass clippings and other landscaping debris to a central location for easier pick-up and removal. Mechanical blowing with a leaf blower can be a significant source of fugitive dust in some situations and can create nuisance conditions and cause health effects for sensitive individuals. Mechanical blowing can re -suspend dust particles that contain allergens, pollens, and molds, as well as pesticides, fecal contaminants, and toxic metals causing allergic reactions, asthma attacks and exacerbating other respiratory illnesses. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who operates a mechanical leaf blower (gas, electric, or battery -powered) in a manner that is a dust generating activity or source shall use the following best management practices as necessary to prevent off -property transport of fugitive dust emissions (i) Low speed: use the lowest speed appropriate for the task and equipment. (ii) Operation: use the full length of the blow tube and place the nozzle as close to the ground as possible. (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iii) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Alternative method: use an alternative such as a rake, broom, shovel, manually push sweeper or a vacuum machine equipped with a filtration system. (ii) Prevent impact: do not blow dust and debris off -property or in close proximity to people, animals, open windows, air intakes, or onto adjacent property, public right-of-way, storm drainage facility, or watercourse. Dust Prevention and Control Manual Page 26 (iii) Minimize use on dirt: minimize the use of mechanical blower on unpaved surfaces, road shoulders, or loose dirt. (iv) Wet suppression: use a light spray of water, as necessary and appropriate considering current weather conditions, to dampen dusty work areas. Prevent water, dirt, and debris from entering any storm drainage facility, or watercourse. (v) Remove debris: remove and properly dispose of blown material immediately. Above: These photos illustrate alternative methods to mechanical blowing that can minimize dust generation. Dust Prevention and Control Manual Page 27 4.0 Dust Control Plan for Land Development Greater Than Five Acres A dust control plan is required for all development projects or construction sites with greater than five (5) acres in size. If the project is required to obtain a development construction permit, then the dust control plan shall be submitted with the development review application or the development construction permit application. A copy of the dust control plan shall be available onsite at all times for compliance and inspection purposes. For dust control plans associated with a Development Construction Permit (DCP) issued by the City, applications for the DCP are available online at www.!ctZov.coni /clevtlo,)iiientrevi(-,w/auplicat icns.php. The dust control plan may be submitted on the Dust Control Plan Form included in Chapter 4 of this Manual or other equivalent format and shall include the following information: • Project name and location. • Name and contact information of property owner. • Project start and completion dates. • Name and contact information of the developer, general contractor, and each contractor or operator that will be engaged in an earthmoving activity. • Total size of the development project or construction site in acres. • A description of the project phasing or sequencing of the project to minimize the amount of disturbed surface area at any one time during the project. • A list of each dust generating activity or source associated with the project. • A list of each best management practice and engineering control that will be implemented for each dust generating activity or source. • A list of additional best management practices that will be implemented if initial controls are ineffective. • A signed statement from the property owner, developer, general contractor, and each contractor or operator engaged in an earthmoving activity acknowledging receipt of the Dust Control Plan and an understanding of and ability to comply with the best management practices in the plan. Dust Prevention and Control Manual Page 28 r City Of I i FOrI Collns DUST CONTROL PLAN PROJECT INFORMATION Project Name Project Location Start and Completion Dates Total Size of Project Site (acres) Maximum disturbed surface area at any one time (acres) Property Owner name, address, phone, e-mail Developer name, address, phone, e-mail General Contractor name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail PROJECT PHASING OR SEQUENCING Provide a description of how this project will be phased or sequenced to minimize the disturbed surface area. Attach phasing plan or map if available. Dust Prevention and Control Manual Pare 29 DUST CONTROL PLAN CERTIFICATION I certify the information and attachments contained in this Dust Control Plan are true and correct to the best of my knowledge and that I and the project's subcontractors have received a copy of this Dust Control Plan and acknowledge my understanding of and ability to comply with best management practices for controlling fugitive dust emissions. I hereby permit City officials to enter upon the property for the purpose of inspection of any dust generating activity or source for which I am the responsible person, owner, or operator. Name: Title: Role on project: Address: Phone: Signature: Date: List of Subcontractors: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Dust Prevention and Control Manual Page 30 I➢;lal. I ,'::`�,!"l]iilirl �l�;,i !. t?h8",., ,rl i,�)E 1 �� i1+� Instructions: For projects over 5 acres, in addition to developing a Dust Control Plan (see chapter 4 of the manual), place an X in each box indicating all best management practices (BMPs) that will be implemented for each activity. Fully shaded boxes are required BMPs, hatched boxes are additional BMPs. For projects less than 5 acres, the BMPs for bulk materials transport and saw cutting/grinding are required; other BMPs are listed for use as a guide for preventing and controlling dust. Dust Generating Activity b /Best Management Practice b m C '> tZ w C C o .o C v a p s v O tw 'Q C y Y a v L \ ,.+ 7 0 V H M C N O Y m v 'moo M M o o 5 K n c 0 m c Y * � , a c o m C_ v v G! n O o m oo C V ` 3 M m C co Q m C V p m m Abrasive media Asbestos or lead materials Construction sequencing Cover Cover Load Enclosure Equipment & work area clean up Erosion control plan High winds restriction Location Mechanical blowing techniques Minimize disturbed area Minimize drop height On -tool local exhaust ventilation On -tool wet suppression Other method Reduce vehicle speeds Remove deposition Restrict access Slurry clean up Soil retention Stockpile permit Surface improvements Surface roughening Sweeping Track -out prevention system Uncontrolled sweeping prohibited Vacuum Vegetation Wet suppression Wind barrier *Note that in the parking lot and open area standards, only select one of the required BMPs to be in compliance. Dust Prevention and Control Manual Page 31 5.0 Resources 5.1 Cross Reference to Codes, Standards, Regulations, and Policies Earthmovine Activities Fort Collins Land Use Code Article 3 General Development Standards §3.2.2 Access, Circulation and Parking. Fort Collins Land Use Code Article 3 General Development Standards §3.4.1(N) Standards for Protection During Construction. Fort Collins Land Use Code Article 3 General Development Standards §3.4.2 Air Quality. Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 23 Public Property §23-16. Permit required; exception in case of emergency. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.5. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-1 Construction Phasing/Sequencing and Fact Sheet EC-1 Surface Roughening. Larimer County Land Use Code §8.11.4. Fugitive dust during construction. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.b Construction Activities. OSHA Safety and Health Regulations for Construction 29 CFR Part 1926.55 Gases, vapors, fumes, dusts, and mists. Demolition and Renovation Fort Collins Land Use Code, Division 2.7 Building Permits §2.7.1 Fort Collins City Code, Chapter 5 Buildings and Building Regulations, Section 5-27 (59) §3602.1.1 Building demolitions. Dust Prevention and Control Manual Page 32 Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, Regulation Number 8, Part B Control of Hazardous Air Pollutants, 5 CCR 1001-10. Stockpiles Fort Collins Land Use Code, Division 2.6 Stockpiling Permits and Development Construction Permits §2.6.2. Fort Collins Land Use Code §2.6.3 (K) Stockpiling Permit and Development Construction Permit Review Procedures. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.7. Fort Collins Stormwater Criteria Manual - Fact Sheet MM-2 Stockpile Management. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.c Storage and Handling of Materials. Street Sweeping Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual - Fact Sheet SM-7 Street Sweeping and Vacuuming. Track-out/Carry-out Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins Land Use Code §5.2.1 Definitions Maintenance (of o newly constructed street). Fort Collins City Code: Chapter 20 — Nuisances, Article V - Dirt, Debris and Construction Waste, §Sec. 20-62. Depositing on streets prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual, Volume 3, Chapter 7, Section 1.3 Policy, Standards and Submittal Requirements, §1.3.3.e.8. Dust Prevention and Control Manual Page 33 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors Fort Collins Stormwater Criteria Manual — Fact Sheet SM-4 Vehicle Tracking Control. Fort Collins Stormwater Criteria Manual — Fact Sheet SM-7 Street Sweeping and Vacuuming. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a.(ii).(B) General Requirements. Bulk Materials Transport Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.f Haul Trucks. Colorado Revised Statutes. 42-4-1407 Spilling loads on highways prohibited. Unpaved Roads and Haul Roads Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a Roadways and §III.D.2.e Haul Roads. Parkins Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Open Areas and Vacant Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Saw Cutting and Grinding Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual — Fad Sheet SM-12 Paving and Grinding Operations. Dust Prevention and Control Manual Page 34 Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, Section 208.04 Best Management Practices for Stormwater. Abrasive Blastin¢ Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Mechanical (Leaf) Blowine Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. 5.2 City of Fort Collins Manuals and Policies Fort Collins Stormwater Criteria Manual littp://www.fcgov.com/utilities/business/builders-and- developers/development-forms-guidelines-regu lations/sto rnrnvater-criteria City of Fort Collins Parks and Recreation Environmental Best Management Practices Manual 2011, Chapter Four: Best Management Practices for Construction http://www.fcgov.com/parks/L)clf/bmp.pdf City of Fort Collins Building Design and Construction Standards, Oct. 2013 http://www.fcgov.com/opserv/pdf/bu ild ing-design-standards2.pdf?1390850442 City of Fort Collins, Recommended Species and Application Rates of Perennial Native Upland Grass Seed for Fort Collins, Colorado. City of Fort Collins Plant List, April 2011. 5.3 References for Dust Control Leaf Blowing A Report to the California Legislature on the Potential Health and Environmental Impacts of Leaf Blowers, California Environmental Protection Agency —Air Resources Board, Feb. 2000. http://www.arb.ca.gov/msprog/mailouts/nuc0005/msc0005.pdf Abrasive Blasting Sandblasting and Other Air -based Blasting Fact Sheet, Minnesota Pollution Control Agency, Dec. 2011. Protecting Workers from the Hazards of Abrasive Blasting Materials, OSHA Fact Sheet. California Air Resources Board, Abrasive Blasting Program. http://www.arb.ca.gov/ba/certabr/`certabr.htm Dust Prevention and Control Manual Page 35 Saw Cutting OSHA Fact Sheet on Crystalline Silica Exposure https://www.osha.gov/OshDoc/data Gerera! Facts/crystalline-factsheet.pdf State of New Jersey — Dry Cutting and Grinding Fact Sheet http://www.state.ni.us/health/surv/documents/dry cutting.ladf Centers for Disease Control and Prevention - Engineering Controls for Silica in Construction http://www.cdc.gov/niosh/topics/silica/cutoffsaws.html Shepherd-S; Woskie-S, Controlling Dust from Concrete Saw Cutting. Journal of Occupational and Environmental Hygiene, 2013 Feb; 10(2):64-70. http://www.cdc.gov/niosh/nioshtic-2/20042808.html Akbar-Khanzadeh F, Milz SA, Wagner CD, Bisesi MS, Ames AL, Khuder S, Susi P, Akbar-Khanzadeh M, Effectiveness of dust control methods for crystalline silica and respirable suspended particulate matter exposure during manual concrete surface grinding. Journal of Occupational and Environmental Hygiene, 2010 Dec;7(12):700-11. http://v.w�v.ncbi.nlm.nih.-ov/'rnubmed/21053155 HSE, On -Tool Controls to Reduce Exposure to Respirable Dusts in the Construction Industry —A Review. Health and Safety Executive, RR926, 2012, Derbyshire, U.K. http://www.hse.gov.uk/research/rrpdf/rr926.pdf Croteau G, Guffey S, Flanagan ME, Seixas N, The Effect of Local Exhaust Ventilation Controls on Dust Exposures During Concrete Cutting and Grinding Activities. American Industrial Hygiene Association Journal, 2002 63:458-467 htt�__.!cl2ohs. _shin t , edu/sites/default/files/images/general/CroteauThesis.pdf Unpaved Roads, Parkins Lots, and Open Areas Dust Control from Unpaved Roads and Surfaces, Code 373, USDA-NRCS, April 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nres143 025946.pdf CPWA, 2005, Dust Control for Unpaved Roads, A Best Practice by the National Guide to Sustainable Municipal Infrastructure, Canadian Public Works Association. Colorado Forest Road Field Handbook, Colorado State Forest, Editor: Richard M. Edwards, CF; CSFS Assistant Staff Forester, July 2011. Fay L., Kociolek A., Road Dust Management and Future Needs: 2008 Conference Proceedings, Western Transportation Institute, March 2009. Chemical Stabilizers Interim Guidelines on Dust Palliative Use in Clark County, Nevada. Nevada Division of Environmental Protection, Feb. 2001. http://ndep.nv.gov/admin/dustpal.pdf Bolander, Peter, ed. 1999. Dust Palliative Selection and Application Guide. Project Report. 9977-1207- SDTDC. San Dimas, CA: U.S. Department of Agriculture, Forest Service, San Dimas Technology and Development Center. http://www.fs.fed.us/eng/pubs/html/99771207/99771207.html Dust Prevention and Control Manual Page 36 Techniques for Fugitive Dust Control — Chemical Suppressants, City of Albuquerque NM, website last accessed on Oct. 25, 2014. http://www.cabq.gov/airguality/business-pro=;rams-permits/ordinances/fugitive-dust/fugitive-dust control USDA BioPreferred Catalog: Dust Suppressants http://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog,xhtml USGS Columbia Environmental Research Center Project: Environmental Effects of Dust Suppressant Chemicals on Roadside Plant and Animal Communities, htlp_.//vAvw v cerc.us s.gov/Projects.aspx?Projectld.._77 Street Sweeping U.S. Department of Transportation, Federal Highway Administration, Stormwater Best Management Practices: Street Sweeper Fact Sheet. http://environment.fhwa.dot.gov/ecosystems/ultraurb/3fs16.asp Agriculture and Livestock Agricultural Air Quality Conservation Measures - Reference Guide for Cropping Systems and General Land Management, USDA-NRCS, Oct. 2012. http://ww,h.nres.usda.=ov/Internet/FSE DOCUMENTS/stelprdb1049502.pdf Dust Control from Animal Activity on Open Lot Surfaces, Code 375, USDA-NRCS, Sept. 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nres143 025821.pdf Residue and Tillage Management, Reduced Till, Code 345, USDA-NRCS, Dec. 2013. http://www.nres.usda.goy/Internet/FSE DOCUMENTS/stelprdb1251402.pdf Herbaceous Wind Barriers, Code 603, USDA-NRCS, Jan. 2010. http://www.nres.usda.,c)v,/Internet/FSE DOCUMENTS/nres143 025927.pdf Michalewicz, D. A., J. D. Wanjura, B. W. Shaw, and C. B. Parnell. 2005. Evaluation of sources and controls of fugitive dust from agricultural operations. In Proc. 2005 Beltwide Cotton Conference. http://caages.tamu.edu; Pub!!cation-Particulate"'20Mattei.htm! Harner J., Maghirang R., Razote E., Water Requirements for Dust Control on Feedlots, from the proceedings of Mitigating Air Emissions From Animal Feeding Operations Conference, May 2008. http://www.extension.org/pages/23966/wate r-requirements-for-dust-control-on-feed lots California Air Pollution Control Officers Association Agriculture Clearinghouse http://www.capcoa.org/ag-clearinghouse/ U.S. Department of Agriculture Natural Resources Conservation Service - Nevada, Fugitive Dust: A Guide to the Control of Windblown Dust on Agricultural Lands in Nevada. Jan. 2007. http://www.cdsn.org/images/FugitiveDustGuide v7 201 .pdf Demolition and Renovation CDPHE, Demolition and Asbestos Abatement forms and information https !/wwvv.colorado.zov/pacific/cdphe/asbestos-forms Dust Prevention and Control Manual Page 37 Earthmoving Activities CDPHE, An Overview of Colorado Air Regulations for Land Development, August 2014 https://www.colorado.gov/pacific/sites/default/files/AP Land -Development -Guidance -Document 1.pdf Working With Dirt When the Wind Blows http://www.gradingandexcavation.com/GX/Articles/Working With Dirt When the Wind Blows 5455 aspx EPA — Stormwater Best Management Practices: Dust Control http://water.epa.gov/polwaste/npdes/swbmp/Dust-Control.cfm EPA—Stormwater Best Management Practices: Wind Fences and Sand Fences http://water.epa.gov/polwaste/npdesiswbn� ) Wind-Fences-and-Sand_Feiices.cfm EPA — Stormwater Best Management Practices: Construction Sequencing http://water.epa.gov/polwaste/npdes/swbmp/Construction-Segu encing.cfm EPA — Stormwater Best Management Practices: Construction Entrances http://water.epa.gov/polwaste/npdes/swbmp/Construction-Entrances.cfm An Overview of Colorado Air Regulations for Land Development. Colorado Department of Public Health and Environment —Air Pollution Control Division. https://www.colorado.gov/pacific/sites/default/files/AP Land -Development -Guidance -Document 1.pdf Health Effects of Particulate Matter U.S. Environmental Protection Agency, Integrated Science Assessment for Particulate Matter. EPA/600/R-08/139F Dec. 2009. http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=216546#Download World Health Organization, Health Effects of Particulate Matter- Policy. 2013 http://www.euro.who.int/ data/assets/odf file/0006/189051/Health-effects-of-particulate-matter- final-Enp.ndf Preventing Silicosis in Construction Workers, NIOSH http://www.cdc.gov/niosh/­­docs/``96-112/­`­ General Dust Abatement Handbook, Maricopa County Air Quality Department, June 2013. http://www.maricopa.pov/ao/divisionslcompliance/dust/dots/pdf/Rule%20310-Dust%20Handbook.pdf Fugitive Dust Control: Self Inspection Handbook, California Air Resources Board, 2007. http://www.arb.ca.gov/pm/fugitivedust large.pdf WRAP Fugitive Dust Handbook, Western Governors' Association. Sept. 2006. Managing Fugitive Dust: A Guide for Compliance with the Air Regulatory Requirements for Particulate Matter Generation, Michigan Department of Environmental Quality. March 2014. Colorado Oil and Gas Conservation Commission, Rules and Regulations, Rule 805 Odors and Dust http://cogcc.state.co.us, Dust Prevention and Control Manual Page 38 SECTION 04000 EROSION CONTROL AND INLET PROTECTION INDEX OF ENVIRONMENTAL STANDARD OPERATING PROCEEDURES (ESOP) New Construction Activities for Municipalities 1 of 2 Street, Curb, and Gutter Replacement and Construction 1 of 3 Street, Curb, and Gutter Maintenance Spill Prevention and Response Utility and Storm Sewer System Maintenance 1 of 3 1 of 4 1 of 4 Utility and Storm Sewer System Replacement and Construction 1 of 3 Power Washing 1 of 3 Vehicle Fueling 1 to 3 Outdoor Fleet Maintenance 1 of 4 Heavy Equipment and Vehicle Maintenance 1 of 4 New Construction Activities for For More Information Name Municipalities Address City. State Description Phone This fact sheet covers new construction activities disturbing less e-mail than one acre not subject to a CDPS Construction permit. New Possible Pollutants construction includes, but is not limited to buildings, structures, capital improvements, roadways, and recreational components Sediment such as trails, restrooms, and other structures. Procedures Chemicals provided are general in nature and can be applied to any scale Organics or type of municipal construction. Trash When services are contracted, this written procedure should be Good Housekeeping provided to the contractor so they have the proper operational Waste Management procedures. In addition, the contract should specify that the Employee/Contractor Training contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Proper Cleanup and Disposal Procedures Procedures Related Procedures . Obtain all applicable federal, state, and local permits for Heavy Equipment and Vehicle construction projects. Maintenance ■ The Colorado Stormwater Construction General Parks and Open Space Maintenance permit applies to construction sites disturbing one acre or more, or less than one acre but part of a larger Spill Prevention and Response common plan of development. Street. Curb. and Gutter Replacement and A larger common plan of development is defined as Construction a contiguous area where multiple separate and Utilities and Storm Sewer distinct construction activities may be taking place at System Replacement and different times on different schedules under one Construction plan. Vehicle Fueling ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle tracking control. Sediment and erosion controls will be Page 1 of 2 installed and maintained in accordance with approved design criteria and/or industry standards. Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. Where feasible, grading activities should be scheduled during dry weather. • Best management practices will be periodically inspected and maintained as necessary. • Waste containment for concrete washout, masonry, paint, trash and other potential pollutants will be available when these activities are being conducted. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response. Employee Training • Train applicable employees who perform new construction activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform new construction activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial SOP: New Construction SOP, August 2007. Mesa County, Municipal Operations and Maintenance Program, July 2005. Page 2 of 2 Street, Curb, and Gutter For More Information Name Replacement and Address Construction City, State Phone Description e-mail Procedures involving the replacement and Possible Pollutants construction of streets, curbs, and gutters have the Fine-grained sediment potential to impact stormwater quality. Materials Organics involved in these activities should be used efficiently and disposed of properly. Oil Saw -cut slurry Trash Good Housekeeping Dumpster/Waste Management Employee/Contractor Training Proper cleanup and disposal procedures Dry cleaning methods Related Procedures Spill Prevention and Response When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Procedures General Obtain all applicable federal, state, and local permits for construction projects. Street Sweeping The Colorado Stormwater Construction Street Sweeper Cleaning and General permit applies to construction sites Waste disturbing one acre or more, or less than one Street. Curb and Gutter acre but part of a larger common plan of Maintenance development. ■ A larger common plan of development is defined as a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. • A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Page 1 of 3 • Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and/or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm drain inlets. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Sweep or vacuum the roadway as needed, during construction and once construction is complete. • Best management practices will be periodically inspected and maintained as necessary. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response. Bridge Construction • Do not transfer or load any materials directly over waterways. • Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete Work • Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. • Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. Page 2 of 3 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Martin Marietta Materials, Inc. as Principal, and Liberty Mutual Insurance Company , as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ 5% of the Bid Amount Five Percent of the Bid Amount for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 8320 Asphalt Overlay Project. NOW THEREFORE, (a) If 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 his 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 Bld; 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. • Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Work Control the placement of road base or asphalt used in embankments or shoulder backing; do not allow these materials to fall into any storm drain or watercourses. Whenever possible, recycle asphalt. If recycling is not possible, dispose of as solid waste. Painting and Striping If possible, schedule painting and striping projects during dry weather. Use thermoplastic or epoxy markings in place of paint whenever feasible. Use care to prevent splashing or spilling of any liquid material. Follow the mill Prevention and Response procedure should a spill occur. Employee Training Train applicable employees who perform street, curb, and gutter construction on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform street, curb, and gutter construction. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. Page 3 of 3 Street, Curb, and Gutter For More Information Name Maintenance Address Description City. State Phone Street, curb, and gutter activities include concrete and e-mail asphalt installation, maintenance, repair, and replacement; bridge maintenance; and painting and Possible Pollutants striping. Procedures involving the maintenance of Fine-grained sediment streets, curbs, and gutters have the potential to impact Organics stormwater quality. Materials involved in these Oil activities should be used efficiently and disposed of Saw -cut slurry properly. Trash When services are contracted, this written procedure Good Housekeeping should be provided to the contractor so they have the Dumpster/Waste Management proper operational procedures. In addition, the Employee/Contractor Training contract should specify that the contractor is Proper cleanup and disposal responsible for abiding by all applicable municipal, procedures state, and federal codes, laws, and regulations. Dry cleaning methods Procedures Related Procedures General Spill Prevention and Response • Protect storm drain inlets and drains with curb Street Sweeping socks, rock berms, inlet protection, or drain Street Sweeper Cleaning and covers/mats prior to any maintenance activity. Waste • When saw cutting ensure that no slurry enters the storm drain, let the slurry dry, sweep it up, and properly dispose of the sweepings. • Do not perform concrete or asphalt patch work during wet conditions whenever possible. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Monitor equipment for leaks and use drip pans as necessary. • Sweep or vacuum the roadway once maintenance activities are complete. Page t of 3 Bridge Maintenance • Do not transfer or load any materials directly over waterways. Secure lids and caps on all containers when on bridges. Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete Maintenance Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. • Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. • Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Maintenance • Sweep to minimize sand and gravel from new asphalt from getting into storm drains, streets, and creeks. • Do not allow asphaltic concrete grindings, pieces, or chunks used in embankments or shoulder backing to enter any storm drain or watercourses. Apply temporary perimeter controls. Install silt fence until the structure is stabilized or permanent controls are in place. Whenever possible, recycle broken asphalt. If impossible, dispose of as solid waste. Drainage inlet structures shall be covered with inlet protection during application of seal coat, tack coat, slurry seal, and/or fog seal. Painting and Striping • If possible, schedule painting and striping projects during dry weather. Use thermoplastic or epoxy markings in place of paint whenever feasible. • The pre -heater for thermoplastic striping and the melting tanks used during pavement marking must be filled carefully to prevent splashing or spilling of materials. Leave 6 inches at the top of pre -heater and the melting tanks to allow room for material to move and splash when vehicles are deadheaded. Employee Training • Train applicable employees who perform street, curb, and gutter maintenance on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform street, curb, and gutter maintenance. Records The following records could be used to document activities performed: Page 2 of 3 • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. For More Information Spill Prevention and Name Response Address City, State Description Phone Due to the type of work and the materials involved, many e-mail activities that occur either at a municipal facility or as part Possible Pollutants of municipal operations have the potential for accidental spills. Some municipal facilities operate under Spill Chemicals Prevention Control and Countermeasures (SPCC) plans Toxics that include procedures for spill response. Proper spill Oil response planning and preparation enables employees and Paint contractors to effectively respond to problems and Fuel minimize the discharge of pollutants to the storm sewer Good Housekeeping system. Waste Management When services are contracted, this written procedure Employee/Contractor Training should be provided to the contractor so they have the proper operational procedures. In addition, the contract Proper cleanup and disposal should specify that the contractor is responsible for procedures abiding by all applicable municipal, state, and federal Related Procedures codes, laws, and regulations. Fertilizer, Pesticide, and Herbicide Application Procedures Heavy Equipment and Vehicle Spill Prevention Maintenance • Keep work areas neat and well organized. Material Storage Materials Management • Maintain a Material Safe DSheet MSDS for Safety Data () Outdoor vehicle Maintenance each hazardous chemical. Follow the Outdoor Material Storage procedures. Vehicle Fueling • Provide tight fitting lids for all containers. • Keep containers clearly labeled. Labels should provide name and type of substance, stock number, expiration date, health hazards, handling suggestions, and first aid information. • Store containers, drums, and bags away from direct traffic routes to prevent accidental spills. • Inspect storage containers regularly for signs of leaking or deterioration. • Replace or repair leaking storage containers. • Use care to avoid spills when transferring materials from one container to another. Page t of 4 • Use powered equipment or get assistance when moving materials to and from a storage area. Use care to prevent puncturing containers with the equipment. • Do not wash down or hose down any outdoor work areas or trash/waste container storage areas except where wash water is captured and discharged into the sanitary sewer (if approved). • Conduct periodic inspections to ensure that materials and equipment are being handled, disposed/recycled, and stored correctly. • Provide adequate spill kits or lockers with sufficient equipment and supplies necessary for each work area where the potential for spills or leaks exists. • Inspect each spill kit or locker regularly and after each spill response. Replace any spent supplies or repair any equipment that is worn or not suitable for service. • Stock adequate personal protective equipment. Spill Response Safety Consider safety at all times. Anticipate and avoid all likely hazards. Never approach, contact, or sample an unknown substance. If a highly toxic or flammable substance is discovered, staff should leave the immediate area and contact the appropriate identified response authority, such as the fire department. If there is any question about a substance, contact the appropriate identified response authority or other designated representative. Procediires • Stop the leading edge of the spill. Block or divert the spill to avoid discharge to the storm sewer system and to minimize the area requiring cleanup. • Determine the source of the spill and stop the spill at its source by closing a valve, plugging a leak, or setting a container upright. Transfer material from a damaged container. • Identify the material and volume spilled. Contact the appropriate identified response authority or other designated representative if you cannot identify the material and its properties. • Refer to the MSDS to determine appropriate personal protective equipment, such as gloves and safety glasses and appropriate cleanup methods. • Clean up spills immediately to prevent spreading of wastes by wind, rain, and vehicle traffic and potential safety hazards. • Use sand absorbents or socks, pillows, or pads to quickly capture spilled liquid and properly dispose of all clean-up materials. Use dry clean-up methods only. • Complete all necessary reports. Paae 2 of 4 Spill Reporting • A spill of any chemical, oil, petroleum product, or sewage that enters waters of the state of Colorado (that include surface water, ground water, and dry gullies and storm sewers leading to surface water) must be reported immediately to the Colorado Department of Public Health and Environment. • Release of a substance into a storm drain, or onto a parking lot or roadway as part of a storm sewer leading to surface water, is reportable. However, if the material can be contained and cleaned within the storm sewer system to the degree that a subsequent flow in the storm sewer will not flush the substance to waters of the State, it may not need to be reported. • Contact the appropriate identified response authority within the municipality or other designated representative and be prepared to provide details needed to report the spill to the necessary agencies. • Detailed spill reporting guidance can be found at http:/ / i%-wvc.cdplle.state.co.us/op/ %ccicc/ Resources/Guidance/spillguidance.t)df and littp: / / w, v" .cdpho.statL,..co.us/1-im/sl)illsandreleases.litn-i Employee Training • Train applicable employees who perform spill prevention and response on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform spill prevention and response activities. Records The following records could be used to document activities performed: • Records of any major spills and the action taken. • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Good Housekeeping, No Date. City of Centennial, Department of Public Works: Materials Management, No Date. City of Centennial, Department of Public Works: Spill Prevention and Control, No Date. City of Golden, Stormwater Quality Pollution Prevention Guide for Municipal Operations: Parks Department Golf Course, January 2004. City of Lafayette, Spill Clean Up, No Date. Colorado Department of Public Health and Environment, Environmental Spill Reporting, January 2009. Page 3 of 4 Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMP: Spill Response and Prevention, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed July 5, 2009. For More Information Name Address City, State Phone e-mail Possible Pollutants Sediment Nutrients Metals Hydrocarbons Trash Good Housekeeping Waste Management Employee/Contractor Training Proper Cleanup and Disposal Procedures Related Procedures Heavy Equipment and Vehicle Maintenance Parks and Open Space Maintenance Spill Prevention and Response Street. Curb. and Gutter Replacement and Construction Utilities and Storm Sewer System Replacement and Construction Vehicle Fueling Utility and Storm Sewer System Maintenance Description This procedure addresses utility and storm sewer system maintenance. Utilities include power, sanitary sewer, water conveyance systems, and the storm sewer system. Power includes electrical and gas utilities. Maintenance of power may require excavation and reinstallation of lines including open cut trenching or directional boring in landscaped areas or street right of way. Electrical and gas line maintenance ensures services are provided to businesses and households without interruption. The sanitary sewer system is cleaned as part of routine maintenance and on an emergency basis. Without proper maintenance, sanitary sewer back-ups and overflows may occur and can result in potential property damage and significant health concerns if not properly managed. Water conveyance systems are flushed and pressure tested as part of routine maintenance. Potable water systems must be properly maintained to ensure delivery of water that meets State and Federal health standards. Failures result in water main breaks that can cause property damage including erosion. The storm sewer system is cleaned as part of routine maintenance and on an emergency basis in the event of flooding. Maintenance will remove pollutants and ensure the system functions properly to avoid flooding. Flooding, ponding, and uncontrolled sheet flow can result in property damage and increased soil erosion. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Page 1 of 4 Procedures General • Conduct routine inspection and maintenance on utility and storm sewer systems. • Where feasible, schedule maintenance activities during dry weather. • Monitor the jet/vacuum truck closely for leaks and use a drip pan as needed. • Wash and fuel the jet/vacuum truck per the Heavy Equipment/ Vehicle Maintenance procedure. • Properly dispose of vac truck contents. • Stay alert for any signs of illicit discharges. This includes "dry weather" flows or pipes or hoses emptying directly into waterways or the storm sewer system. • Report any suspicious discharges or dumping to your supervisor. Electrical and Gas Utility Maintenance • To prevent sediment, mud and particles generated by power utility maintenance from entering the stormwater system implement inlet protection, perimeter control, street sweeping, vehicle tracking control, stockpile management and material management BMPs. Restore landscaped or hardscaped areas promptly. Potable Water Line Flushing Remove any debris from the gutter that could wash away with the water. If possible, sweep the flow line before flushing the line. • Direct the water so that it is not flowing over exposed soil areas in order to minimize erosion. Water Line Breaks • Contain spoils by building berms or installing rock socks around the area of disturbance. • Dewater the excavation by using a vac truck. • Discharge high chlorine water to the sanitary sewer via the nearest manhole, to a water truck, through a dechlorinating diffuser, or other method of dechlorination. • Remove sediment from the street, curb, gutter and storm inlets as needed immediately following the repair. • Where needed, install a temporary patch or repave as soon as practicable following the repair. If necessary, revegetate areas as soon as practicable following the repair. Sanitary Sewer Backup • Clear line stoppage to prevent backup into house basements and manhole overflows. Page 2 of 4 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of June 1 , 2016, 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: Martin Marietta Materials, Inc. Raleioh, NC 27607 BY Title: Byron Creech, V. P. & Treasurer ATTEST: (SEAL) Kristy W. Kretrschmar SURETY Liberty Mutual Insurance Company 450 Plymouth Road Suite400 Plymouth Meeting, PAA19462 Title. Rebeca L. Gomez Porras, Attomey-In-Fad (SEAL) Contain overflows by using emergency generator, pump and/or a vac truck to intercept flows. It may be necessary to construct additional containment. Clean up spills by washing and vacuuming the affected areas. Lime may need to be applied for disinfection of affected areas. Lime must be removed once disinfection is complete. Storm Sewer System Pipes, Catch Basins, Inlet and Outlet Structures, and Culverts • Clean storm sewer system by manual cleaning or jetting the pipes using a jet/vacuum truck to remove the material. Do not temporarily store collected storm system cleaning debris adjacent to any surface water, storm drain inlet, or drainageway. Storm sewer system maintenance wastes may be either non -hazardous or hazardous. Solid non -hazardous waste may be disposed in a sanitary landfill or recycled. Liquid non -hazardous waste must be evaporated before disposing of it into the landfill or discharged to the sanitary sewer system with the approval of the local wastewater treatment plant. Hazardous waste, as defined under Colorado Hazardous Waste Regulations (6 CCR 1007-3), must be transported and disposed of at a permitted disposal or treatment facility. • Replace or maintain "no dumping' stencils or plaques as necessary. • Remove trash from trash racks and grated openings. Detention and Retention Ponds • Inspect the outlet works and remove trash or vegetation from the trash racks and grates. • Inspect side slopes of the pond for erosion and reestablish vegetation as needed. • Remove and service fountains and aerator motors as recommended. • Report any suspected water quality problems such as a change in growth or appearance of vegetation. • Report excessive sediment accumulation, standing water beyond the designed drain down time or damage requiring additional maintenance. Drainageways Drainageways include drainage channels, ditches, grass swales, and washes. Inspect drainageways for erosion and repair if necessary. Remove and properly dispose of trash and debris from the drainageways. Remove sediment which could impede flow in drainageways. • Leave an unmown buffer when mowing adjacent to drainageways to filter pollutants. Do not leave grass clippings in or next to the drainageway. Do not apply landscape chemicals in the buffer area. Page 3 of 4 Employee Training Train applicable employees who perform utility and storm sewer system activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform utility and storm sewer system activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. City of Centennial SOP: Drainageway Maintenance SOP, August 2007. City of Golden Stormwater Drainage Maintenance Plan, February 2008. City of Greeley, Department of Public Works: Storm Water Drainage Program, January 2008. City of Greeley, Department of Public Works: Ditch Program, No Date. City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Cleaning Storm Drain System, March 2009. City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sewer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Program, July 2005. Partners for a Clean Environment, Storm Drain Maintenance, No date. Optional Additional Resources Municipal codes and ordinances that relate to utility or storm sewer system maintenance. Inspection and maintenance frequency plan for the storm sewer system. Specific instructions on how to operate applicable equipment. Instructions on how to track the amount of debris collected. Treated Water Discharge Plans for potable water maintenance. Page 4 of 4 For More Information Utility and Storm Sewer Name System Replacement and Address Construction City. State Phone e-mail Description This procedure covers utility and storm sewer system Possible Pollutants replacement and construction. Utilities include power, Sediment storm sewer, sanitary sewer, water conveyance systems. Chemicals When services are contracted, this written procedure Organics should be provided to the contractor so they have the Trash proper operational procedures. In addition, the contract Good Housekeeping should specify that the contractor is responsible for Waste Management abiding by all applicable municipal, state, and federal codes, laws, and regulations. Employee/Contractor Training Proper Cleanup and Disposal Procedures Procedures General Related Procedures Obtain all applicable federal, state, and local Heavy Equipment and Vehicle permits for construction projects. Maintenance Parks and Open Space The Colorado Stormwater Construction Maintenance General permit applies to construction sites Spill Prevention and Response disturbing one acre or more, or less than one acre but part of a larger common plan of Street, Curb. and Gutter development. Replacement and Construction A larger common plan of development is Utilities and Storm Sewer defined as a contiguous area where multiple System Replacement and Construction separate and distinct construction activities may be taking place at different times on Vehicle Fueling different schedules under one plan. ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USAGE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Page 1 of 3 • Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, sediment control logs, check dams and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and / or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Where feasible, grading activities will be scheduled during dry weather. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet • Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm drain inlets. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Sweep or vacuum the roadway as needed, during construction and once construction is complete. • Best management practices will be periodically inspected and maintained as necessary. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. Emergency Repair and Replacement Emergency Discharges are defined as situations in which it is not possible to implement all of the available BMPs due to the uncontrolled nature of the discharge. The primary focus during these events is to identify and mitigate the cause as soon as possible. Clean up of resulting sediment or other pollutants will be performed as soon as practicable following the emergency. Refer to the Spill Prevention and Response procedure for reporting requirements. Page 2 of 3 Employee Training • Train applicable employees who perform utility replacement and construction activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform utility replacement and construction activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. City of Centennial SOP: Drainageway Maintenance SOP, August 2007. City of Golden Stormwater Drainage Maintenance Plan, February 2008. City of Greeley, Department of Public Works: Storm Water Drainage Program, January 2008. City of Greeley, Department of Public Works: Ditch Program, No Date. City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Cleaning Storm Drain System, March 2009. City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sewer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Program, July 2005. Partners for a Clean Environment, Storm Drain Maintenance, No date. Page 3 of 3 City of Fort Collins Regulatory and Government Affairs Division City of Fort Coltins Verification Originator Revised Approved Issued Initials Date LR Oct.09 ss 10/19109 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater Persons who will City staff who perform power washing, and their supervisor/manager. use this ESOP: A variety of City departments perform power washing. The employee Area of who power washes, and his/her supervisor/manager, will use the application: information in this SOP to guide their power washing, and supply purchasing, activities. Document I:\RGA Division\SOPs\ESOPs location: Revisions Rev. Date Description No. 001 002 Procedure Index 1.0 Purpose 2.0 Scope 3.0 Process 4.0 Training Requirements 5.0 References/Related Documents 6.0 Records Revision date: Page 1 of 3 10/19/2009 City of Fort Collins Regulatory and Government Affairs Division 11 FCItyof �tColtins _�_ Verification Originator Revised Approved Issued Initials Date LR Oct.09 ss 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater 1.0 Purpose 1.1 The purpose of this ESOP is to describe the appropriate methods of handling power washing wastewater. 2.0 Scope 2.1 The scope of this ESOP is limited to the description of the allowable methods of the disposal of power washing wastewater and the protection of the storm drainage system, the scope does not include specifics on how to power wash. 3.0 Process 3.1 Power washing wastewater must be prevented from running uncontrolled in the City's storm water system. The system includes streets, inlets, gutters, ponds, creeks, ditches, and the Poudre River. During the power washing activity, ensure the wastewater is controlled by the utilization of the natural slope of the land, or barriers such as inlet covers. Use of barriers on an impermeable surface also requires that the wastewater be vacuumed, collected, and disposed of properly. 3.2 General pollution prevention procedures: A. Use dry methods for surface pre -cleaning, such as using absorbent on small oil spots and sweeping up trash, debris, dirt, and used absorbent before power washing. B. Minimize the amount of water used during power washing activities. C. Avoid using cleaning products that contain hazardous substances (e.g., hydrofluoric acid, muriatic acid, sodium hydroxide, bleach) that can turn wastewater into hazardous waste. 3.3 Prior to power washing, decide on one of the following methods of disposal: D. Landscape --power washing wastewater may be discharged to landscaped areas if the materials used and the material removed are not harmful to vegetation, there is no ponding, and there is no uncontrolled runoff to the stormwater system. E. Wastewater treatment system-- As long as the collected wastewater does not have an oil sheen, has a pH between 5 and 11, and does not contain any hazardous or toxic substances, the wastewater may be disposed of into the City's wastewater treatment system. x If you add anything to the wash water (ie—a cleaning agent) or if you have questions about the content of your power washing wastewater, Revision date: 10/19/2009 Page 2 of 3 City of Fort Collins Regulatory and Government Affairs Division Verification Originator Revised Approved Issued Initials Date LR Oct.09 ss 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater please contact the industrial pretreatment office at 221-6938. Disposal into the City's wastewater treatment system may be done either by discharging directly to an inside drain, or by pump truck at the Drake wastewater treatment facility. Disposing by pump truck requires a waste hauler's permit, and a 5 cent/gallon fee will be charged. For fee information, or to obtain a permit, contact the industrial pretreatment office at 221-6938. F. Truck the waste to a different waste disposal facility. 3.4 Once wastewater has been collected, visible solids remaining in the collection area must be swept up to prevent future discharges to the storm drain. 3.5 A sewer manhole cover may not be removed for disposal to the wastewater system. 3.6 If you are working in an area that is serviced by a neighboring wastewater district, such as South Fort Collins Sanitation or Boxelder, it is necessary to contact that district's industrial pretreatment coordinator before discharging to their system. 4.0 Training Requirements 4.1 The training requirement associated with this procedure is knowledge of the proper management of power washing wastewater. 5.0 References / Related Documents 5.1 ,ttp://www.cdphe.state.co.us/wq/PermitsUnit/PolicyandGuidance/powerwash.pdf 5.2 \RGA division\Illicit Discharge Program\Complaint Calls\pressure washinq\City power washing quidance.pdf 6.0 Records 6.1 The following records could be used to document activities performed: • Records of employee training with sign -in sheet. • List of power washing activities and departments responsible for conducting power washing. Revision date: 10/19/2009 Page 3 of 3 For More Information Vehicle Fueling Name Description Address Spills of gasoline and diesel fuel on the ground or on vehicles City. State during fueling can wash into a storm drain and cause water Phone pollution. e-mail When services are contracted, this written procedure should be Possible Pollutants provided to the contractor so they have the proper operational Metals procedures. In addition, the contract should specify that the Hydrocarbons contractor is responsible for abiding by all applicable municipal, Toxins state and federal codes, laws, and regulations. Good Housekeeping procedures Drip pans General Secondary containment . Fuel vehicles at approved locations (municipal fueling Automatic shutoff nozzles station or offsite fueling station). Signs . Provide spill kits near the municipal fueling location. Spill response plans Spill cleanup materials ■ If fuel is stored in an above -ground tank, store fuel in enclosed, covered tanks with secondary containment Dry cleanup methods (e.g., concrete barrier or double -walled tanks). Employee training Related Procedures All fuel tanks will be inspected per State and Federal regulations. Heavy EquipmenVVehicle Maintenance ■ Periodically inspect municipal fueling locations for the Outdoor Fleet Maintenance following: Spill Prevention and Response For above -ground tanks, inspect tank foundations, connections, coatings, tank walls, and piping systems. Look for corrosion, leaks, cracks, scratches, and other physical damage that may weaken the tank. ■ Check for spills and fuel tank overfills due to operator error. Clean up any leaks or drips. Clean up is not completed until the absorbent is swept up and disposed of properly. Report leaking vehicles to fleet maintenance. Page 1 of 3 Vehicle Fueling • Follow all posted warnings. • Ensure that the nozzle is properly inserted in the filler neck of the vehicle before dispensing any fuel. • Remain by the fill nozzle while fueling to ensure the nozzle stays in place. • Do not top off the tank of the vehicle once the nozzle has shut off the fuel. • Follow the procedures outlined in the Spill Prevention and Response Procedure to respond to any leaks or spills. • Clean fuel dispensing areas with absorbent material. • Never use water to clean up a spill. Mobile Fuel Truck Provide inlet protection (e.g., berms, weighted inlet covers) for nearby storm drain inlets when transferring fuel and fueling a vehicle. Use secondary containment when transferring fuel from the tank truck to the fuel tank. All gas cans must be placed in the secondary containment box/pan and remain on the ground when fueling. • Use a funnel to transfer fuel to vehicles and equipment. After the transfer is complete, the funnel should be dried with a rag or placed in a container to avoid dripping fuel on the ground. Employee Training • Train applicable employees who fuel vehicles on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who fuel vehicles. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle Fueling, August 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Fueling, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMPs: Municipal Vehicle Fueling, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed June 18, 2009. Page 2 of 3 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attomey limb the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. j Certificate No 71373M M 0 C A 7 m 7 m 7 O r re Y Y! m C American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casual,y Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the'Companiesl, pursuant to and by authority herein set forth, does hereby name, constitule and appoint, Byron Creech; Kristy W. Kretzschmar; Rebeca L. Gomez Porras; Todd Crump alt of the city of FafejZ state of NC each individually if there be more than one named, its true and lawful attomey-in•facl to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its ad and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies In their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and Ite corporate seals of the Companies have been affixed thereto this 121h day of October 2015 PtiD CA,r` J'`SY INS(r� Jet, tNSUgth Lx1N5Uq� 'i 906 a OJ 1919 p > 1912 i ,�. 199h i i s =y ! �W as �, a^ +�r1 .u,^ 'tea Y �y✓Ra,i9 oi�4 x)' 'S' 'Sd.M STATE OF PENNSYLVANIA as COUNTY OF MONTGOMERY American Fire and Casualty Company 1 The Ohio Casualty Insurance Company Liberty Mutual Insurance Company m West scan Insurance Company N � a By: David M. Carey, Assista t Secretary > C On this 12th day of October . 2015 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed In name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 51, PAST COMMONWEALTH OF PENN9YLVANIA 'N�� pF'�,Ww.V a Nomna15eal ti y v Toren Peal Notary Public By; or Plym lit Twp., Montgomery County Teresa Pastesa, Notary Public yq My Commieeton Expires Maim 28, 2017 Memoir, PenneNvanu Azw tlon of Nota"s This Power ofAhomey is made and executed pursuant to a by authority of the following By-laws andAuthonzations of American Fire and Casualty Company, The Ohio Casualty Insurance Company. Uberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -OFFICERS - Section 12. Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such atomeys-in-fac, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.. Such attorneys -in -fact, subject to the lirrotations set forth in thew respective powers of attorney, shall have I power to bind the Corporabon by their signature and execution of any such instruments and to attach thereto the seal at the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attameyin-fact under the provisions of this artide may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIU - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-irrdad, as may be necessary to act in behalf of the Company to make, execute, seal. acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such anomeys4-facl subject to the limitations set forth in their respective powers of attorney, shalt have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appont such attomeysin. fact as may be necessary to ad on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations Authorization - By unanimous consent cf the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as Dough manually affixed. I, Gregory W. Davenport, the undersigned. Assistant Secretary, of American Fire and Casualty Company, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, We and correct copy of the Power of Attorney executed by said Companies, is in fun tome and effect and has not been revoked. �,,� f IN TESTIMONY WHEREOF. I have hereunto set my hand and affured the seals of said Companies this �=day of -44 10 jY INSU INSUq WSUq 0 201 f7 U 1919 ni 1912By: A ,�'sue r a:Gregory W. Davenport, Assistant Secretary djy N.,r��'�°•iJ 4�4vY !r — O V� dw CC Q C'1 O� °E as 90 so OfilC .� op € N co o O V � F0 198 of 30D Optional Additional Resources Municipal codes and ordinances that relate to vehicle fueling. Locations of approved offsite fueling stations. Locations of nearby spill kits. Spill Prevention Control and Countermeasures Plan. Page 3 of 3 7W Outdoor Fleet Maintenance For More Information Name Description Address Although it is recommended that fleet maintenance City. State activities be conducted indoors or under cover, it is Phone sometimes necessary to perform fleet maintenance e-mail outdoors (e.g., equipment is too large to fit inside the Possible Pollutants maintenance building, temporary repairs need to be made before the equipment can be moved to the maintenance Metals building, breakdowns, service calls). Toxins Solvents (degreasers: paint Some potential pollutants typically associated with outdoor thinners: etc) fleet maintenance activities include oil, antifreeze, brake Antifreeze fluid and cleaner, solvents, batteries, and fuels. Consult the Spill Prevention and Response procedure and the Vehicle Brake fluid and brake pad dust Fueling procedure for additional information on those Battery acid topics. Motor oil When services are contracted, this written procedure Fuel (gasoline, diesel, kerosene) should be provided to the contractor so they have the Lubricating grease proper operational procedures. In addition, the contract Good Housekeeping should specify that the contractor is responsible for abiding Drip pans by all applicable municipal, state, and federal codes, laws, and regulations. Tarps Covered outdoor storage areas Procedures Secondary containment Fleet Maintenance Proper disposal of used fluids • Fleet maintenance should be performed inside Spill cleanup materials whenever possible. Dry cleanup methods • If indoor maintenance is not possible, ensure Employee training maintenance is performed in a location where Related Procedures contact with stormwater is minimized, through Heavy Equipment and Vehicle berming and appropriate routing of drainage. Maintenance • Provide inlet protection (berms, weighted inlet Material Storage covers, etc.) for all adjacent inlets when work is Spill Prevention and Response occurring in close proximity to a storm drain Vehicle Fueling inlet. • Have absorbent pads and drip pans accessible to capture leaks and spills during maintenance activities. • Keep equipment clean and do not allow excessive build-up of oil and grease. Page t of 4 Perform regular preventative maintenance to minimize the occurrence of leaks and major repairs. Recycle and/or dispose of all wastes properly and promptly. Do not dump any liquids or other materials outside, especially near or in storm drains or ditches. Sweep and pick up trash and debris as needed. Clean up spills promptly using dry methods (do not hose down). Consult the Spill Prevention and Response procedure for more information. Cleanup is completed only after absorbent and rags are disposed of properly. Body Repair and Painting • Whenever possible, conduct all body repair and painting work indoors. Use dry cleanup methods such as vacuuming or sweeping to clean up all metal filings, dust, and paint chips from grinding, shaving, and sanding. Dispose of the waste properly. Debris from wet sanding can be allowed to dry overnight, then swept and vacuumed. Liquid from wet sanding should not be allowed to enter the storm drain. Never discharge these wastes to the storm or sanitary sewer systems. • Minimize waste from paints and thinners by carefully calculating paint needs based on surface area and using the proper sprayer cup size. Clean spray guns in a self-contained cleaner. Do not dispose of cleaner waste in the storm drain. Use sanding tools equipped with vacuum capability (if available) to pick up debris and dust. Material Management • Store maintenance materials and waste containers (e.g., used oil and antifreeze) in labeled containers under cover or in secondary containment (e.g., double -walled tanks). Chemicals should not be combined in containers. • All hazardous wastes must be labeled and stored according to hazardous waste regulations. • Carefully transfer fluids from collection devices to designated storage areas as soon as possible. Do not store the transferred fluids adjacent to the containers. • Store new batteries securely to avoid breakage and acid spills. • Store used batteries indoors or in secondary containment to contain potential leaks. Recycle used batteries. • Conduct periodic inspections of storage areas to detect possible leaks. Page 2 of 4 Do not wash or hose down the storage area except in areas where the wash water will only enter the sanitary sewer drain as an approved discharge. Use dry clean-up methods as often as possible. Keep lids on waste barrels and containers, and store them indoors or under cover to reduce exposure to rain. Periodically inspect and maintain all pretreatment equipment, including sumps, separators, and grease traps to ensure proper functioning. Parts Cleaning • Use designated areas for engine, parts, or radiator cleaning. Do not wash or rinse parts outdoors. If parts cleaning equipment is not available, use drip pans or other containment to capture parts cleaning fluids. • Use steam cleaning or pressure washing of parts whenever possible instead of solvent cleaning. • When steam cleaning or pressure washing is used, only discharge wastewater to an oil/water separator connected to the sanitary sewer. When using solvents, rinse and drain parts over the designated solvent tank so that fluids will not drip or spill onto the floor. Use drip boards or pans to catch excess solutions and divert them back to the tank. Allow parts to dry over the hot tank. Recycle cleaning solution when it becomes too dirty to use. Never discharge cleaning waste to the storm or sanitary sewer systems. Vehicle and Equipment Washing Vehicles should be washed, whenever possible, in the municipality's vehicle and equipment wash area/bay or taken to a commercial car wash. Employee Training • Train applicable employees on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform outdoor vehicle maintenance. Records The following records could be used to document activities performed: • Record of any major spills and the action taken. • Records of employee training with sign -in sheet. • Heavy equipment and vehicle maintenance logs. Page 3 of 4 References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle and Equipment Storage SOP, August 2007. City of Centennial SOP: Vehicle Maintenance SOP, August 2007. City of Centennial SOP: Vehicle Washing SOP, August 2007. City of Golden. Fleet Maintenance Standard Operating Procedure, July 29, 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Maintenance Repair, March 2009. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Washing, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. Partners for a Clean Environment. Stormwater Protection: Vehicle Repair. Spring 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Maintenance, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Washing, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. Optional Additional Resources Municipal codes and ordinances that relate to fleet maintenance. Chemical purchasing policies. Guidelines for staff to dedicate a percentage of their time to vehicle and equipment maintenance. Specific directions on how to use the municipality's vehicle wash area. Spill Prevention Control and Countermeasures Plan. Page 4 of 4 For More Information Name Address City, State Phone e-mail Possible Pollutants Metals Toxins Solvents (degreasers: paint thinners: etc.) Antifreeze Brake fluid and brake pad dust Battery acid Motor oil Fuel (gasoline, diesel, kerosene) Lubricating grease Good Housekeeping Drip pans Tarps Covered outdoor storage areas Secondary containment Proper disposal of used fluids Heavy Equipment and Vehicle Maintenance Description Regular maintenance of municipal vehicles and equipment, or municipality -contracted vehicles and equipment prolongs the life of the municipality's assets and prevents the leaking of hazardous fluids commonly associated with normal wear and tear of vehicles and equipment. Potential pollutants generated at vehicle maintenance facilities include oil, antifreeze, brake fluid and cleaner, solvents, batteries and fuels. When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Procedures Maintenance activities should be performed inside a maintenance building unless the equipment is too large to fit inside or temporary repairs need to be made before the equipment can be moved to the maintenance building. Consult the Outdoor Fleet Maintenance procedure when it is necessary to perform repairs outside of the facility (breakdowns, service calls, etc.). Spill cleanup materials Vehicle Storage Dry cleanup methods . Monitor vehicles and equipment closely for leaks and Employee training use drip pans as needed until repairs can be Related Procedures performed. Material Storage • When drip pans are used, check frequently to avoid overtopping and properly dispose of fluids. Outdoor Fleet Maintenance Spill Prevention and Response • Drain fluids from leaking or wrecked vehicles and Street Sweeper Cleaning and from motor parts as soon as possible. Dispose of fluids Waste properly. Vehicle Fueling Vehicle Washing Page 1 of 4 Vehicle Maintenance • Conduct routine inspections of heavy equipment and vehicles to proactively identify potential maintenance needs. • Perform routine preventive maintenance to ensure heavy equipment and vehicles are operating optimally. • Recycle or dispose of all wastes properly and promptly. • Do not dump any liquids or other materials outside, especially near or in storm drains or ditches. Sweep and pick up trash and debris as needed. Body Repair and Painting • Whenever possible, conduct all body repair and painting work indoors. • Use dry cleanup methods such as vacuuming or sweeping to clean up all metal filings, dust, and paint chips from grinding, shaving, and sanding, and dispose of the waste properly. Debris from wet sanding can be allowed to dry overnight on the shop floor, then swept or vacuumed. Never discharge these wastes to the storm or sanitary sewer system. • Minimize waste from paints and thinners by carefully calculating paint needs based on surface area and using the proper sprayer cup size. • Do not use water to control over -spray or dust in the paint booth unless this wastewater is collected. This water should be treated and permission granted by the wastewater treatment plant prior to discharge into the sanitary sewer system. • Do not dispose of spray gun cleaner waste in the storm drain. • Use sanding tools equipped with vacuum capability (if available) to pick up debris and dust. Material Management • Store maintenance materials and waste containers (e.g., used oil and antifreeze) in labeled containers under cover or in secondary containment (e.g., double -walled tanks). Chemicals should not be combined in containers. • All hazardous wastes must be labeled and stored according to hazardous waste regulations. • Carefully transfer fluids from collection devices to designated storage areas as soon as possible. Do not store the transferred fluids adjacent to the containers (for example, oil drip pans with used oil in them should not be placed next to the used oil tank). • Store new batteries securely to avoid breakage and acid spills. • Store used batteries indoors or in secondary containment to contain potential leaks. Recycle used batteries. • Conduct periodic inspections of storage areas to detect possible leaks. Page 2 of 4 Do not wash or hose down storage areas except where wash water will enter the sanitary sewer as an approved discharge. Use dry clean-up methods whenever possible. Keep lids on waste barrels and containers, and store them indoors or under cover to reduce exposure to rain. Periodically inspect and maintain all pretreatment equipment, including sumps, separators, and grease traps to ensure proper functioning. Parts Cleaning Use designated areas for engine, parts, or radiator cleaning. Do not wash or rinse parts outdoors. If parts cleaning equipment is not available, use drip pans or other containment to capture parts cleaning fluids. Use steam cleaning or pressure washing of parts whenever possible instead of solvent cleaning. When steam cleaning or pressure washing, only discharge wastewater to an oil/water separator connected to the sanitary sewer. When using solvents to clean parts, rinse and drain parts over the designated solvent tank so that fluids will not drip or spill onto the floor. Use drip boards or pans to catch excess solutions and divert them back to the tank. Allow parts to dry over the hot tank. Recycle cleaning solution when it becomes too dirty to use. Never discharge cleaning waste to the sanitary sewer or storm sewer. Vehicle and Equipment Washing Vehicles should be washed in the municipality's vehicle and equipment wash area/bay or taken to a commercial car wash. Employee Training • Train applicable employees who perform heavy equipment and vehicle maintenance on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform heavy equipment and vehicle maintenance. Records The following records could be used to document activities performed: • Record of any major spills and the action taken. • Records of employee training with sign -in sheet. • Heavy equipment and vehicle maintenance logs Page 3 of 4 References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle and Equipment Storage SOP, August 2007. City of Centennial SOP. Vehicle Maintenance SOP, August 2007. City of Centennial SOP: Vehicle Washing SOP, August 2007. City of Golden. Fleet Maintenance Standard Operating Procedure, July 29, 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Maintenance Repair, March 2009. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Washing, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. Partners for a Clean Environment. Stormwater Protection: Vehicle Repair. Spring 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Maintenance, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Washing, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. Optional Additional Resources Municipal codes and ordinances that relate to vehicle and equipment maintenance. Chemical purchasing policies. Loading and unloading bulk materials. Guidelines for staff to dedicate a percentage of their time to vehicle and equipment maintenance. Specific directions on how to use the municipality's vehicle wash area. Spill Prevention Control and Countermeasures Plan. Page 4 of 4 EXHIBIT 1 - QUESTIONS & ANSWERS 1. Based on the verbiage in the contract for the City overlay project bidding on June 3rd asphalt material coming out of the asphalt plant on North Taft Hill Road is not allowed to enter the city from North Taft Hill Road. Correct. Asphalt material utilized by the City cannot be hauled on North Taft Hill Road. Asphalt material must be hauled to the north on Taft Hill Road to County Road 54G. 2. 1 would like know all the restricted haul routes into the city of Fort Collins from Martin Marietta plant, Connell plant and Kehn plant. Currently, the only restricted haul route is on North Taft Hill Road. However, in accordance with Section 01560, paragraph 1.6 the City reserves the right to set haul routes. 3. What is the criteria used to determine accessible haul routes? Different factors are considered when establishing restricted haul routes, however, the primary consideration as stated in Section 01560, paragraph 1.6 is "...in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads." The North Taft Hill Road route restriction has been established to address concerns raised by residents in close proximity to the Martin Marietta plant and is consistent with the terms of a collaborative agreement between the City and Martin Marietta. 4. What are the accessible haul routes from the asphalt plants in NW Fort Collins and SE Fort Collins? At this time, there are no other haul route restrictions. 5. Can a contractor use North Taft Hill Road to haul asphalt mix from another asphalt plant into the City for a city project? No. The haul route restriction for North Taft Hill Road is applicable to all City contractors hauling asphalt mix. Addendum 3 Page 2 of 2 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: Martin Marietta Materials, Inc. 2. Permanent main office address: 1800 N. Taft Hill Rd, Ft Collins, CO 80521 3. When organized: December 2011 4. If a corporation, where incorporated: North Carolina 5. How many years have you been engaged in the contracting business under your present firm or trade name? 4.5 years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) CDOT Hwv 392 Lucerne $5.7 million, Fall 2016 CDOT Hwy 287 Fort Collins, $4.8 million, Fall 2016 City of Greeley Overlay $4.6 million, Fall 2016 7. General character of Work performed by your company Asphalt paving, aggregates, Readi—mix Supply 8 Have you, or a firm for which you were a principal, ever failed to complete any Work awarded to you? If so, where and why? 9. Have you, or a firm for which you were a principal, ever defaulted on a contract? No If so, where and why? N/A 10. Are you, or a firm for which you were a principal, debarred by any government agency? _ If yes list agency name. 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. City of Fort Collins 2015 overlay, $1 million, 06/2015 City of Greeley 2015 overlay, $4 million, 12/2015 City of Fort Morgan 2015, $3.5 million, 10/2015 12. List your major equipment available for this contract. Please see attached equipment list 13. Experience in construction Work similar in importance to this project: City of Fort Collins overlay proiects City of Greeley overlay projects Larimer County overlay protects 14. Background and experience of the principal members of your organization, including officers Martin Marietta Materials Rocky Mountain Division 1 BOON. Taft Hill Road Fort Collins, CO 80521 ASPHALT PLANTS —4. LOADERS 4 Oil Distributers- 1 5 Michigan Loader , 18 Field Conveyors 1 75A Michigan Loader 2 Draglines TRAILERS W/RAMPS SPRAYERS 1 AC Loader 11 Light plants & Generators TERRAIN HYDRA CRANE 14 Conveyors, portable 1 125 Michigan Loader 17 Silos 1 175B Michigan Loader 3 Baghouses 2 966 CAT Loader 1 275B Michigan Loaders TRUCKS & AUTOMOBILES TRUCKS 22 Passenger Cars 3 920 CAT Loaders 10 Single Axle Mechanic's TRUCKS 7 910 CAT Loaders 2 Single Axle F1atBeds TRUCKS 1 Tandem Flatbed 2 936 CAT Loaders 7 Single Axle Water 1 950 CAT Loader TRACTORS 4 Single Axle Water 3 Scoopmobiles 1 224 CAT Loader 2 Tit Trailers 40 Pickup Trucks COMPACTORS 7 Tandem Patch Trucks 2 Vibro Plate Compactors 6 Tandem Water Trucks CAT 815 22 Tandem Dump Trucks 30 Over -the -Road WEIGHING EQUIPMENT 1 Scales 2 Gravel Tailers 4 Ramsey Belt Scales 1 Gravel Tractors 10 Tool Trailers SCRAPERS 7 Oil Trailers 5 613 CAT Scraper 1 4000 Gallon Water ROAD WIDENERS 1 Pipe Trailer 1 Blaw Knox Road Widener 8 Lab & Office Trailers 5 Loboy & Hiboy Trailers RAILROAD CARS 1 Rock Trailers 35 Gondola Type Cars 3 Single Axle Fuel Trucks 7 1-Ton w/Dist. -Tanks TRACTOR— CRAWLERS 2 Farm Tractors 1 834 CAT Dozer Please see attached Key Personnel list 15. Credit available: $Unlimited 16. Bank Reference: wells Fargo Bank (336) 735-2101 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? Yes 18. Are you licensed as a General Contractor? Yes If yes, in what city, county and state? Entire State of Colorado What class, license and numbers? General Contractor's License-016048974 19. Do you anticipate subcontracting Work under this Contract? Yes If yes, what percent of total contract? And to whom? Please see attached sub list 20. Are any lawsuits pending against you or your firm at this time? IF yes, DETAIL 21. The City of Fort Collins requires General Liability coverage of $1,000,000 and Automotive Liability of $1,000,000. Can you meet these requirements? Yes What company is your insurance carrier? Ace American Insurance 22. What are your company's bonding limitations? $3 million per occurence Martin Marietta Materials MARTIN MARIETTA MATERIALS, INC. 2016 KEY PERSONNEL LIST The following is a list of key personnel for Northern Asphalt & Paving and a brief resume of their experience: Kenneth R. Ball - General Manager Northern Asphalt Paving and Construction Mr. Ball has 20 years of construction experience and has been the General Manager for Lafarge West's Northern Division since 2005. His Current position remained as General Manager when the asset exchanged took place on December 10, 2011 with Martin Marietta Materials Inc. His past experience with Lafarge includes VI Leader for the Northern Market area, Controller — Asphalt and Paving, Controller — Front Range Asphalt and Paving, LCM AC&A, Controller — Front Range Asphalt and Paving, LCM , Divisional Accountant — Metro Paving — Denver, CO, along with various other construction companies. He has proven experience in Operations with a focus on Safety and Quality while managing. Mr. Bali is highly involved with the community and associations: Northern Colorado Economical Development Corporation, Member of the workforce committee, Member of Fort Collins and Greeley Chamber of Commerce, Upstate Colorado Member, Construction financial Management Association, CAPA, NAPA, and CCA. Jerimiah A. Runner - Asphalt Construction and Plant Operations Manager Northern Asp and Construction Mr. Runner manages the construction operations and asphalt plant production in Northern Colorado for Martin Marietta Materials Inc. He has 15 years of construction experience. His experience includes Quality control and managing. His key role is to manage our dirt, paving, and asphalt production work, and the safety and quality of our crews. Mr. Runner has completed many training courses and is certified: Colorado Asphalt Pavement Association levels A,B-I,C,D. WYOMING DOT Asphalt Materials Certification, Nebraska Department of Roads Asphalt Certification, Troxler Radiological Safety, Troxler Radiation Safety Officer, American Concrete Institute -Grade 1, Member of various CDOT specification task forces, Colorado Asphalt Pavement Association/Colorado State University — Asphalt Lab Technology Advisory Board, Constructing our Future, Working at Heights, Asphalt/Paving WAH Solutions Team, Confined Space Entry, LOTOTO — Lock Out Tag Out Try Out, Gencor Industries SWAT Training — Success With Advanced Training, CAPA -Environmental Issues for HMA Facilities, Effective Communication Series, Managing For Performance, Supervisory Training, Numerous sales training classes, Det Norske Veritas — Safety Management Training. Gary Lemesany — Equipment Manager Northern Asphalt and Paving Mr. Lemesany manages the operations in our shop for Martin Marietta Materials Inc. Northern Colorado. He has 36 years of construction experience. His past positions within the company include Maintenance Superintendent, Welding Shop Foreman, Welder, and Laborer. He is responsible for all decisions made in or shop with maintenance and equipment, and the safety and quality of the work his employees do for our area. Mr. Lemesany has a lot of training and has certifications in working at heights, working in confined spaces, fork lift safety, welding and cutting safety, MSHA, along with CPR and first aid. Kelly Steele — Paving Construction Manager Northern Asphalt and Paving Mr. Steele is the Paving Construction Manager for Martin Marietta Materials Inc. Northern Colorado Paving_ He has 30 years of construction experience. His past positions within the company include estimator, project manager, superintendent, equipment operator, and laborer. Mr. Steele. He is responsible for overseeing all bids for paving work, and the safety and quality of our crews. Key training and certification for Mr. Steele includes being traffic control certified, the key to customer service satisfaction, and Sales mastery Program. Dan Krause — Transportation Manager Northern Asphalt and Paving Mr. Krause has 28 years of construction experience. He has held positions as Asphalt paving, labor, equipment operator, dispatch and logistics, superintendent until he took on this current role as Transportation Manager. He is responsible for internal and external carrier performance and safety for Martin Marietta Materials Inc. Mr. King has 33 years of Construction experience. He has held positions as labor, equipment operator, and foreman and was promoted to superintendent in 1999. Mr. King has a great amount of experience in our company and has training and certification in OSHA, Safety training, Equipment training, various mix design and industry training, and EEO/HR Training. Rich Owens— Area Superintendent Northern Asphalt and Paving Mr. Owens has 28 years of construction experience in Operations and Project Management His professional experience includes Commercial, Municipal, State, Federal and Residential projects. He has certifications in OSHA training, Storm Water Management and DOT Safety and Regulations. He has proven experience in Operations with a focus on Quality and an excellent Safety record. He has held positions as labor, equipment operator, Foreman, and was promoted to superintendent in 2000. Roper Marquiss — ESTIMATOR Northern Asphalt and Paving Mr. Marquiss has 09 years of Construction experience. He has held roles as Project Manager, Asphalt Sales, and Estimator for construction projects. Mr. Scott has extensive experience with Commercial, Municipal, State, Federal and Residential projects. Jack Fockler— Material Qualitv Control Northern Asphalt and Paving Mr. Fockler has 25 years of experience in engineering. He was hired with Lafarge West, Inc in 2000 and has a great amount of knowledge in quality control. He is highly involved in CAPA and is trained and certified in Wyoming Asphalt Certification, Practical Finance training, Radiation Nuclear Safety and Density Training, Hazmat Certification, MSHA, EEOC Training, and AutoCad. Patrese E. Yarbrough — Construction Administrator Northern Asphalt and Paving Mrs. Yarbrough began with Lafarge West, Inc in 2005. Her roles in the company have been Receptionist, Job Cost Administrator, and Construction Administration Manager. Mrs. Yarbrough has processed and provided support to the paving estimators with bid documents, pre qualification information necessary to bid project all along the Front Range. She also processes all certified payroll and prepares the necessary paperwork to turn in for Certified projects the company is awarded with CDOT. 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 Noon this 3rd day of ,Tune , 20U. company: a in riet rate is Inc. By. Printed: Kenneth R. Ball Title. Gen Manager State of Colorado County of Larimer Kenneth R. Ball being duly sworn deposes and says that he is General Manager of Martin Marietta Materfale. Tnr. (Name) (Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this 3rd day of June 2016 rotary Public I My commission expires: (Seal) Patreae E Yarbrough Notary Public State of colors& Notary I.D. 20054012-216 MY Commission Expires; March 28, 2017 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM Traffic Control Planning / Milling Pavement Marking Fly Ash 6 Tilling SUBCONTRACTOR Quality Traffic Control Don Kehn Construction Precision Pavement Marking Son Haul, Inc. SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: June 14, 2016 TO: Martin Marietta Materials Inc PROJECT: 8320 Asphalt Overlay Project OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated June 3. 2016 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8320 Asphalt Overlay Project. The Price of your Agreement is Three Million, Four Hundred Thirty Thousand Two Hundred Seventy -One Dollars and Forty -Five Cents ($3,430,271.45), which includes the following revisions: • Line 630.01 Construction Zone Traffic Control: Per specifications, quantity has been replaced with 5.43%, equating to no change in the Agreement Price. • Line 630.02 Variable Message Board: Quantity update was not reflected in the bid per Addendum 2. Revised line item price is $16,830. • Line 630.3 Flagging: Quantity update was not reflected in the bid per Addendum 2. Revised line item price is $64,750. 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 June 29, 2016. 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�DGGG��� By: CZ'l Z_ Gerry Paul 4-cw)AA - f'°A�' 61ytk Purchasing Director City Of Fort Collins le Purchasing ADDENDUM NO. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 8320: Asphalt Overlay OPENING DATE: 3:00 PM (Our Clock) June 3, 2016 Financial Services Purchasing Division 215 N. Mason St. 24, Floor PO Box 580 Fort Collins. CO 80522 970.221.6775 970.221, 6707 fcgov corn/purchasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 — Revised Bid Schedule (also uploaded as a separate Microsoft Excel document). Please contact Elliot Dale, 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. SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 14th day of June in the year of 2016 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Martin Marietta Materials 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 8320 Asphalt Overlay Project and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by the City of Fort Collins, 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 Contract Period. This agreement shall commence upon signing and shall continue in full force until May 31, 2017 unless terminated as herein provided. In addition at the option of the City, the agreement may be extended for an additional one (1) year period not to exceed four (4) additional one (1) year periods. Pricing changes, if any, shall be negotiated by and agreed to by both parties in writing. 3.2 The Work shall be Substantially Completed by the Contractor, in accordance with Article 14 of the General Conditions, as evidenced by the issuance of certificate of Substantial Completion, within One Hundred (100) calendar days after the date when the Contract Times commence to run. 3.2 The Work must be completed by the Contractor and ready for final payment in accordance with Article 14 of the General Conditions within Five (5) calendar days after Substantial Completion. 3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence under this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 and 3.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated Damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Dollars ($1,000) for each calendar day or fraction thereof after the date of Substantial Completion as provided in Section 3.1 above. 2) Final Acceptance: Five Hundred Dollars ($500) for each calendar day or fraction thereof that after the date of Final Acceptance as provided in Section 3.2 above. 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 Million, Four Hundred Thirty Thousand Two Hundred Seventy -One Dollars and Forty -Five Cents ($3,430,271.45), 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, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, 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. If, in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with 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. 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: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: N/A 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 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. OWNER: CITY OF F RT COLLINS CONTRACTOR: MARTIN MARIETTA MATERIALS INC By: By: CIJrY MANAGER By: l GE RY PMIL PURCHASING DIRECTOR Date: -Ile I Attest:t w li City Clerk Ep,L Address for giving notices: °- S P. O. Box 580 Fort Collins, CO 80522 Appr e'd^as to Form n(-�<\ O YJ 'ID Senior Assistant City Attorney Patrick H. PRINTED Title: Rocky Mtn. Div. President Date: (*)& • !S1 /& (CORPORATE SEAL) Attest: atrese E. roug Addr ss for giving notices: 1800 N. Taft Hill Rd. Fort Collins, Co. 80521 License No.: i SECTION 00530 NOTICE TO PROCEED Description of Work: 8320 Asphalt Overlay Project To: Martin Marietta Materials Inc 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 /5 day of y, � 20&. CONTR O rtin Marietta Materials Inc By: atr c Uker Title: Rocky Mtn. Div. President 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. 016070471 KNOW ALL MEN BY THESE PRESENTS: that Martin Marietta Materials Inc 1800 N Taft Hill Road, Fort Collins, CO 80521 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the 'Principal" and (Firm) Liberty Mutual Insurance Company (Address) 450 Plymouth Road, Suite 400, Plymouth Meeting, PA 19462 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins. 300 Laporte Ave Fort Collins. Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Three Million Four Hundred Thirty Thuusand Two Hundred Seventy -One Dollars and Forty -Five Cents ($3.430.271.45) 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 14th day of June in the year of 2016, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8320 Asphalt Overlay Project 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 withorit 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 rernairr in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect Its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER. that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDFD, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. of 3 IN WITNESS WHEREOF, this instrument is executed In three (3) counterparts, each one of which shall be deemed an original, this 17th day of June , 2016. IN PRESENCE OF: Principal Dan Welsh Insurance Analys+ Todd Crump Insurance Manager (Title) (Title) (Corporate Seal) 2710 Wycliff Road, Raleigh, North Carolina 27607 (Address) IN PRESENCE OF: Other Partners By: By: IN PRESENCE OF: Surety Rebeca L. G6mez Porras, Attorney -In -Fact Dan Welsh Insurance Analyst _ 4309 Emperor Blvd Ste 300 Durham North Carn ina 97703 (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. SECTION 00615 PAYMENT BOND Bond No. 016070471 KNOW ALL MEN BY 1 HESE PRESENTS: that Martin Marietta Materials Inc 800 N Taft Hill Road, Fort Collins, CO 80521 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Liberty Mutual Insurance Company (Address) 450 Plymouth Road, Suite 400, Plymouth Meeting, PA 19462 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins. 300 Laporte Ave Fort Collins. Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of Three Million Four Hundred Thirty f housand Two Hundred Seventy -One Dollars and Forty -Five Cents ($3.430 271.45) 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 sevcrally, 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 14th day of June in the year of 2016, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8320 Asphalt Overlay Project. 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 nn machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety. for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the some 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. EXHIBIT 1 - REVISED BID SCHEDULE Item No. Item Description Unit 2016 Contract Quantities Proposed Unit Price P Pro Posed Contract Price 103.03 Bond Procurement and Mobilization Lump Sum 1 $ 202.01 Planing and Surface Preparation: Depth <3" - Mn Drum Width 70" Square Yard 57,000 $ - 20202 Planing and Surface Preparation: Depth 3" < 5'- Mn Drum Width 70' Square Yard 3,000 $ - 202.04 Taper Planing Adjacent to Gutter Lineal Foot 30,000 $ - 202.06 Bobcat Style Milling < 3 - Drum Width 18.24" Square Yard 1,500 $ - 20207 Bobcat Style Milling - Additional Inch Thickness Square Yard/Per Inch 200 $ 202.08 Additional Saw Cutting of Asphalt - 3 Mnimum Lineal Foot 1.200 $ - 203.01 Excavation - General Less Than 100 CY Cubic Yard SIM $ - 203.04 Borrow (Complete in Place) - Less Than 100 Ton Ton 50 $ - 203.06 Borrow (Shouldering - Complete in Piece) 3/4" Minus RAP Lineal Foot 1,000 $ - 208.01 Rock Wattle Lineal Foot 700 S - 208.02 Crumb Rubber Wattle Lineal Fool 10 S - 208.04 SWMP Maintenance Log - 14 Day Inspection Each 15 $ - 210.02 Adjust Valve Box Each 160 $ - 210.03 Adjust Valve Box with Ring Each 225 $ - 210.04 Adjust Valve Box -Tyler 6860 Series. Ram R 69, Screw Type Adjustable Riser Each 37 $ - 210.05 Adjust and Replace Top Section of Valve Box Each 20 $ - 210.09 Total Valve Box Replacement, Tyler 68W Series, 30" Bottom Section Each 7 $ - 210.10 Adjust Standard Manhole 524" Each 200 $ - 210.11 Adjust Special Manhole>24" Each 30 $ - 210,12 Adjust Manhole with Ring Each 35 $ - 210.13 Adjust Manhole with Locking Ring 524" dia. 5 3" height Each 150 $ - 210.14 Adjust Manhole with Locking Ring 524" die. > 3" height Each 5 $ - 210.15 Adjust Manhole with Locking Ring >24" dia. 5 3" height Each 10 $ - 210.16 Adjust Manhole with Locking Ring >24" dia. > 3" height Each 5 $ - 210.17 Arterial Manhole Incentive Achieved $500/Each 30 $ 500.00 $ 15.000.00 403.02 HM1A- Grading SX. (75) 64-22 Binder Ton 8,000 $ - 403.03 HM4 - Grading S. (75) 58-28 Binder Ton 3.000 $ - 403.04 HavM4 - Grading S. (75) 64-22 Binder Ton 13,000 $ - 403.05 FINA - Grading S. (75) 64-28 Modified Binder Ton 4,500 $ - 403.07 FMA- Grading S 751100 Hand Patching - Remove & Replace Ton 2,000 $ - 403.08 F IMA Paver Patching - Remove 8 Replace Ton 1.000 $ - 403.09 HMA Grading SX, (75) 64-22 Leveling 5 50 Tons Tons/Project 200 $ - 403.10 HM4 Grading SX, (75) 64-22 Leveling. 51 to 100 Tons Tons/Project 200 $ - 403.11 FIMA Grading SX (75) 64-22 Leveling:: > 100 Tons Tons/Project 400 $ - 403.12 FNN Grading SX (75) 64-22 Leveling/Thin Overlay: 150 and Greater Tons/Day 1,000 $ - IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 17th day of June , 20 16. IN PRESENCE OF: Priiin(J//r((epa1 // Dan Welsh Insurance Analyst (Title) (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: Dan Welsh Insurance Analyst (Surety Seal) Todd Crump, Insurance Manaaer (Title) 2710 Wycliff Road, Raleigh, North Carolina 27607 (Address) Other Partners By: 0 Surety By be e�caE. mez orras, Attmornaey -In-Fact, 4309 Emperor Blvd., Ste. 300 Durham North Carolina 27703 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7137378 m 7 W American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Byron Creech Kristy W. Kretzschmar Rebeca L. Gomez Porras; Todd Crump all of the city of Raleigh state of NC each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 12th day of October , 2015 c)(OCD(D � �9if`J JP�, W S Ugoryn�WP �0 NryW �N(C'919 nF 1912 ,°;� 1991�a F as� aH.«w5`"'�aaDWei sn s �_°`u,.x� `2f * f f STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY American Fire and Casualty Company "o The Ohio Casualty Insurance Company rn Liberty Mutual Insurance Company c West merican Insurance Company y 7 a p�I By. T David M. Care , Assistant Secretary On this 12th day of October 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above ®®written. yP PASr COMMONWEALTH OF PENNSYLVANIA p4' Moewe FC Notarial Seal Sri y Teresa Pastella, Notary Public By; OF Plymouth Twp., Montgomery County Teresa Pastella, Notary Public dP My Commission Expires March 28, 2017 'rb���.,`(•' Member, Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV- OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this r14K day of PN0 CASL �ZV INS( �lNSUgq PN INSUgq Q� o faM9li� yJP�fQ9% ,1JP Nri^ ,�?� Ugq�'1'(� 1906 0 0 1919 n ° c By: rm F 1912 n -� t491 �° m a' Gregory W. Davenport, Assistant Secretary d�<y6'1'N� `'l1aD .i1, k„MYStPr-OD W��)y�SiAM0 !2 MO�NI� f f 1 f * f f C =o U I— 221 of 300 --1 ® ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY) 0611612016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED BELOW. THIS CERTIFICATE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Marsh USA Inc. NAME: PHONE FAX No 100 North Tryon Street, Suite 3600 Charlotte, NC 28202 ADDRESS, INSURERS AFFORDING COVERAGE NAIL # Attn: CA NON-RESIDENT NO.0822889 INSURER A : ACE American Insurance Company 22667 J56965-1.MMM-GAWX-15-16 INSURED INSURER B : Indemnity Ins Co Of North America 43575 INSURER C North American Elite Insurance Company 29700 Martin Marietta Materials, Inc. Attn: Todd Crump 2710 Wycliff Road INSURER D : Agri General Insurance Company 42757 INSURER E : PO Box 30013 Raleigh, NC 27622 NSURER F : L.UVtNAUCJ THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. F INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/ODIYYYY POLICY EXP MMIDD/YYYY LIMITS L GENERAL LIABILITY HDOG27400425 09/30/2015 09130/"2016 EACH OCCURRENCE $ 3,000,000 DAMAGE TO RENTED PREMISES Ea. occurrence $ 50,000 MADE � OCCUR MED EXP (A one person)S =OT�-- PERSONAL d ADV INJURY $ 3,D00,000 E LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 PRODUCTS -COMPIOPAGG S 6,000,000 LOC $ JJECT A AUTOMOBILE LIABILITY ISAH0$660701 0913012015 0913012016 COMBINED ent LE LIMIT $ 3,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED BODILY INJURY(Peraccldenq S AUTOS NON-OOS WNED X qX PROPERTY DAMAGE Per no $ HIREDAUTOS AUTOS $ C X UMBRELLA LIAR X OCCUR UMB200030001 09/30/2015 09/30/2016 EACH OCCURRENCE $ 1,000,000 AGGREGATE S 1,000,000 EXCESS LL18 CLA4MS-MADE DED RETENTIONS WORKERS COMPENSATION X PTAT E I ORS $ B WLRC48592430 (ADS) 09/30/2015 09130/2016 E-L. EACH ACCIDENT $ 2,000,000 A AND EMPLOYERS LIABILITY YIN WLRC48592429 (CA) 09/30/2015 09/30/2016 ANY PROPRIETOPJPARTNER/EXECUTIVE [E NIA E.L. DISEASE - EA EMPLOYEE $ 2,000,000 D OFFICER/MEMBER EXCLUDED? WLRC48592417 (TN) 09/3012015 09/30/2016 (Mandatory in NH) E.L. DISEASE - POLICY LIMIT $ 2.000,000 Ir yes, describe under DESCRIPTION OF OPERATIONS below 7-1 DESCRIPTON OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached K more space is required) Re: 2016 City of Fort Collins Overlay Project - Job # 1633272549. Certificate Holder is additional insured under General Liability and Automobile Liability as their interest may appear, if required by wntlen contract with the named insured, subject to the terms and conditions of the policies. General Liability and Auto Liability insurance is primary and non-contribu(ory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written and executed contract, A waiver of subrogation applies under General Liability, Automobile Liability, and Workers Compensation in favor of the certificate holder, if required by written contract with the named insured, subject to the terms and conditions of the policies. City of Fort Collins 215 N. Mason St, 2nd Floor Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Annette Stefani �.�■�'f'f'°---`-6a'°-`' v lwuu-LV 11 f'1V Vi\V _V, ' v,.�,.v,.. r.,. ..y.. .....v. ... �. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following requirements: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 8320 Asphalt Overlay Project PROJECT OR SPECIFIED PART SHALL INCLUDE: LOCATION: Fort Collins Colorado OWNER: City of Fort Collins CONTRACTOR: Martin Marietta Materials Inc CONTRACT DATE: June 14, 2016 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. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under 'Remarks" below. CITY OF FORT COLLINS, COLORADO OWNER 0 AUTHORIZED REPRESENTATIVE DATE REMARKS: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE , 20_ TO: Martin Marietta Materials Inc Gentlemen: You are hereby notified that on the day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Martin Marietta Materials Inc for the City of Fort Collins project, 8320 Asphalt Overlay Project. 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 June 14, 2016. 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: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins. Colorado (OWNER) FROM: Martin Marietta Materials Inc (CONTRACTOR) PROJECT: 8320 Asphalt Overlay Proiect 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. 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 20 CONTRACTOR: MARTIN MARIETTA MATERIALS INC Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this by Witness my hand and official seal. Notary Public My Commission Expires: day of 20_ SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins. Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Martin Marietta Materials Inc PROJECT: 8320 Asphalt Overlay Project CONTRACT DATE: June 14, 2016 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 20 . (Surety Company) M ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (08130/13) COLORADO DEPARTMENT OF REVENUE Denver CO 90261 - 0009 (303) 230-SERV i,378) Contractor Application for Exemption Certificate Pursuant to Statute § 39-26.708(1),(2),&(3) The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materiaisforthe exempt project described below. This exemption does not include orapplyto the purchase or rental of equipment, supplies; and materialswhich are purchased, rented, orconsumed by the contractorand which do not become a part of the structure, highway, road; street, or other public works owned and used by the exempt organization. Departmental Use Only IIIIIIII llllll IIIIIIIIIIIII'�Illlllllllilll 130172 19999 Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side.) Send completed forms to: Colorado Department of Revenue, Denver, CO 80261 - 0009 Failure to accurately complete all boxes will cause the application to be denied. Contractor/Account No. (Leave blank if filing for the first time) Period m%i-,%ii, ;p 89- _ Contractor Information Trade name/DBA Owner, partner or corporate last name First Name Middle Initial Mailing Address City State Zip Mail Ad -dress Address FEI N Bid amount for your contract Fax number Business Phone number Colorado withholding tax account number - Exemption Information Copies of contract or agreement page, identifying the contracting parties; bid amount, type of work, and signatures of contracting parties must be attached Name of exempt organization (as show on contract) Exempt organization's numbs Address of exempt organization City State Zip Principal contact at exempt organization -Last Name f First Name Middle Initial 1 — — Physlcal location of project site (give actual address when applicable and Cities and/or County (les) where protect is located) City State Zip Principal contact's telephone number Scheduled construction start date (MmrODnel40 - Estimated completion date innrdrowyy)o I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature ofthe business owner, partner or corporate officer Title of corporate officer Date (mwmiyy)p (Do not write below this line) 403.13 HIM - Speed Fkimps. Grading S/SX (75) 64-22 Square Yard 600 $ - 420.01 Geotexble Paving Fabric Square Yard 12.000 $ - 420.02 GlassGnd& #8511 - Small Quantity Installation Square Yard 400 $ - 627.01 Installation of Thermoplastic Flour 20 $ - 627.02 lead Worker for Striping Layout Hour 100 $ - 627.03 Support Workers for Striping Layout Four 250 $ - 627.04 Pavement Marking Paint Gallon 1,000 $ - 627.05 Pavement Mark Removal 41n (Surface Grinding) Square Foot 200 $ - 627.06 61nch White Line (Thermo) Lineal Foot 1,450 $ - 627.07 181nch White Line (Thermo) Lineal Foot 4,750 $ - 627.08 241nch White Line (Thermo) Lineal Fool 200 $ - 627.09 Speed Bump Stencil (Thermo) Each 6 $ - 627.10 Bike Symbol (6 ft) W/ Amov (Thermo) Each 90 $ - 627.11 Right/Left Arrow Stencil (Thermo) Each 115 $ - 627.12 8 It "ONLY' Stencil (Thermo) Each 1 $ - 627.13 "RR Kit Narrow" Stencil (Thermo) Each 4 $ - 627.14 Temporary Yellow Striping Tape Roll Each Roll 3 $ - 627.15 Temporary White Striping Tape Roll Each Roll 3 $ - 630.01 Construction Zone Traffic Control Percent % $ - 630.02 Variable Message Board Per Each / Per Day 100 $ - 630.03 Flagging Flour 2.500 $ - BASE BID CONTRACT TOTAL IN WORDS: Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime 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 00700 GENERAL CONDITIONS GENERAL CONDITIONS CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Doctments Committce, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining test that has been added and sti-dung 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 & Title TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS, ............... .. ..... ................... .. 1.1 Addenda 1.2 Agreement . ............................ ............ J 1.3 Application for Psyment.......................1 1.4 Asbestos 1 1.5 Bid 1 1.6 Bidding Documents ..............................1 1,7 Bidding Requirements k......................... I 1.8 Bonds 1 1.9 Change Order ......................................I I 1.10 Contract Documents I 1.11 Contract Price .....................................1 1.12 Contract Times ....................................1 1-13 CONTRACTOR 1 1.14 defective .............................................3 1.15 Drawings ............................................1 1.16 Effective Date of the Agreemank .... ...... 1 1.17 ENGINEER 1 1.18 ENGINEERS Consultant . ... ................. 1 1.19 Field Order.. ........................................ 1 1.20 General Requirements .........................2 1-21 Hazardous Waste 2 Lna Laws and Regulations; Laws or Regulations......................................2 1.212.11 Legal Holidays ............................._.....2 1.23 Liens 2 1.24 Nfilestone............................................2 1.25 Notice of Award 2 1.26 Notice to Proceed.................................2 1.27 OWNER ............................._..............2 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 ........................ 7 1.33 Resident Project Representative ............ 2 1.34 Samples..............................................7 1.35 Shop Drawings .................... ... ....... ... 2 1.36 Specifications .....................................2 1.37 Subcontractor .....................................2 139 Substantial Completion .......................7 1.39 Supplementary Conditions ...................2 1.40 Supplier ..............................................7 7 1.41 Underground Facilities .....................2-3 1.42 Unit Price Work .................................. 3 1.43 Work 3 1-44 Work Change Directive ........................3 1.45 Written Amendment...........................3 Page Number PRELIMINARY MATTERS 3 2.1 Delivery of Bonds .............................3 12 Copies of Documents .......................3 2.3 Commencement of Contract Times; Notice to Proceed ............... 3 14 Starting the Work ............................3 2.5-2.7 Before Starting Constrtictiom CONTRACTORs Responsibility to Report, Preliminary Scheddes; Delivery of Certificates of Insvirance.................................. 34 2,8 PreccrIsIrtiction Conference.............4 4 219 Initially Acceptable Schedules ..... 4 CONTRACT DOCUMENTS: DTIENT, AMENDING, REUSE ..................................... 4 3.1-3.2 Intent 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 Doc uncrits,., ...... 5 3.6 Supplementing Contract Documents 5 3.7 Reuse of Documents.........................5 AVAILABILITY OF LANDS. SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS 5 4.1 Availability of Lands....................5-6 41 Subsurface and Physical Conditions 4.2.1 Reports and Drawings ..................... 4.2.2 Lim ited Reliance by CONTRAC- TOR Authorized, Technical Data 6 4.2.3 Notice of Differing Subsurface or Physical ConditionA ..... ............ 15 4.2.4 ENGINEERS Review 5 4.2.5 Possible Contract Documents Change., .... ................... 6 4.2.6 Possible Price and Times Adjustments ............................... 6-7 4.3 Physical Conditions --Underground Facilitivk ...................................... 7 4.3.1 Shown or Indicated .7 4.3.2 Not Shown or Indicated ................... 7 4.4 Reference Points ...............................7 EJCDC. GENERAL CONDITIONS 1910 -8 (1990 EDITION) w/ CITY OF FOKTCOLLrNS MODMCATIONS 0MV9199) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number 82 Title Number 4.5 Asbestos PCBs, Petroleum, HazardousWaste or Radioactive Material ...... _........ .... 7-8 BONDS AND TNSURANC£.............................. ._ 8 5.1-5.2 Performance. Payment and Other Bonds.............................................. 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance .................... 8 5A CONTRACTOR's Liability Insurance ......................................... 9 53 OWNER's Liability Insurance .............. 9 5.6 Property Insurance ..........................940 5.7 Boiler and Machinery or Addi- tional Property Insurance.................10 5.8 Notice of Cancellation Proasion 10 5.9 CONTRACTOR'S Responsibility for Deductible Am ounts.................._10 5.10 Other Special Insurance .................... 10 5.11 Waiver of Rights ............................... JI 5.12-5.13 Receipt and Application of Insurance Proceeds .....................10-I1 5.14 Acceptance of Bonds and Insa- ance; Option to Replace ................... I I 5.15 Partial Utilization --Property Insurance ........................................ I I CONTRACTOR'S RESPONSIBILITIES ...............11 6.1.6.2 Supervision and Superintendawq..... _ 11 6.3.6.5 Labor, Materials and Equipment... 11-12 6.6 Progress Schedule..............................12 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR s 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 ..................14 613 Permits.............................................14 6.14 Laws and Regulations ........................14 6.15 Taxes ....................... I...................1415 6.16 Use of Premises.................................15 617 Site Cleanliness ................................ 15 6.18 Safe Structural Leading ................... _ 15 6.19 Record Documents .............................15 6.20 Safety and Protection ....................15-16 6.21 Safety Representative .........................16 6.22 hazard Communication Program* ...... 16 6.23 Emergencies.....................................16 6.24 Shop Drawings and Sample*..............16 625 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal .................................... 16 6.26 Shop Drawing & Sample Submit- tals Review 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, .................................. 17 619 Continuing the Work .............. ...... 17 6.30 CONTRACTORS General Warranty and Guarantee ............. 17 6.31-6.33 Indemnification,., *........ .......... 17-18 6.34 Survival of Obligations ................... IS 7. OTHERR WORK.................................................18 7.1-73 Related Wok at Site.......................18 7.4 Coordination.................................18 OWNER'S RESPONSIBIL TTES.........................18 8.1 Communications to CON- TRACTOR.................................18 8.2 Replacement of ENGINEER, ........... 18 8.3 Furnish Data andPay Promptly When Due..................................18 8.4 Lands and Easements; Reports and Tests. ._ ..._..._........_....18-19 9.5 insurance .......................................19 8.6 Change Ord=s...............................19 8.7 Inspections, Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate CONTRACTORS Services......................................19 9.9 Limitations an OWNER'S Responsibilities__ .... ............. . _...19 8.10 Asbcstos, PCB.% Petroleum, Hazardous waste or Radioactive Material 19 8.11 Evidence of Financil Arrangements .............................19 ENGINEERS STATUS DURING CONSTRUCTION.............................................19 9.1 OWNERs Representative ............... J9 9.2 Visits to Site..................................19 9.3 Project Representative ...............19-21 9.4 Clarifications and Interpre- tations ....................................... 21 9.5 Authorized Variations in V&k........ 21 EX=OEHRM COMMONS 1910.8 OME MOM wi aTY OF FORT COLUNS MODIFICATIONS (REV 91M Article or Paragraph Page Article or Paragraph page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work ...................71 97-9.9 Shop Drawings. Change Orders and Payments ....................................21 9,10 Determinations for Unit Price4 ....... 21-22 9,11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interprew ..............22 9.13 Limitations an ENGR4EER's Authority and Responsibilities.... 22-23 CHANGES IN THE WORK ......................................23 10.1 OWNERs Ordered Change ................23 14. 10.2 Claim for Adjustment ........................ 23 10.3 Work Not Required by Contract Documents ...................................... 23 10.4 Change Orders .................................. 23 10.5 Notification of Surety ........................23 CHANGE OF CONTRACT PRICE .............................23 11.1-11.3 Contract Price; Claim for Adjustm exit; Value of the Work ................................... 23-24 11.4 Cost of the Work.. . .... .................. 24-25 11.5 E\clusions to Cost of the Work ......... ,25 11.6 CONTRACTORs Fee .......................... 5 11.7 Cost Records ............. .................. 25-26 11.8 Cash Allowances .................. . ........... 26 11.9 Unit Price Work ................................26 CHANGE OF CONTRACT 111vJES ............................26 12.1 Claim for Adjustment ----------------------- 26 12.2 Time of the Essence ..........................26 12.3 Delays Beyond CONTRACTORS Control ...................................... 26-27 12.4 Delays Beyond OWNERs and CONTRACTOR!s Control ................27 TESTS AND INSPECTI[ONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFEC77PIE WORK ..................................................27 13.1 Notice of Defects ...............................77 13.2 Access to the Work ...........................27 13.3 Tests and Inspections; CONT'RACTORs Cooperation ........ 27 13.4 OWNERs Responsibilities; Independent Testing Laboratory....., 27 13.5 CONTRACTORs Responsibilities ...............................27 13.6-13.7 Covering Work Prior to Inspec. tion, Testing or Approval, ...............27 77 13.8-13.9 Uncovering Work at ENGI- NFER's Request ..................... 77-28 13.10 OWNER May Stop the Work .......... 28 13.11 Correction or Removal of Defective Work ...........................28 13.12 Correction Period 78 13.13 Acceptance of Defective Work ......... 28 1114 OWNER May Correct Defective Work ..................................... 28-29 PAYMENTS TO CONTRACTOR AND COMPLETION 29 14.1 Schedule of Values 29 14,2 Application for Progress Paymeat .....................................29 14.3 CONTRACTORs Warranty of Title 29 14.4-14.7 Review of Applications for Progress Payments .................. 29-30 14.8-14.9 Substantial Completion ..................)0 14.10 partial Utilization .................. _30-31 14.11 Final Inspection .............................3.1 14.12 Final Application for Payment ........ 31 14.13-14.14 Final Payment and Acceptance, ....... 31 14.15 Waiver of Claims ...................... 31-32 15. SUSPENSION OF WORK AND TERMINATION ................................................ 32 15.1 OWNER May Suspend Work .......... 32 15.2-15.4 OWNER May Terminate....... ......... 12 15.5 CONTRACTOR May Stop Work or Terminate ................. 32-33 16. DISPUTE RESOLUTION ..................................33 17, MISCELLANEOUS 33 17.1 Giving Nofick ............................... 33 17.2 Computation of Timm ...................33 173 Notice of Claim ..............................33 17.4 Cumulative Remedies.....................33 17.5 Professional Fees and Court Costs Included ........ ............ ...... 33 17.6 Applicable Suite Laws ................ 33-34 Intentionally left blank ............................ . . ...... 35 ENH]BIT GC -A: (Optional) Dispute Resolution Agreement ..................... GC -Al 16.1-16.6 Arbitration.. .. .. ...... ............... QC -AI 16.7 Mediation ...... ........................ PC ­AI EJCDC GENERAL CONDITIONS 1910.9 (1990 EDITION) w/ CITY OF FORT COLUNS MODIFICATIONS aTV 9199) INDEX TO GENERAL CONDITIONS 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. 13.5,13.13 final payment .... __ ...... ......................... 9-12.14.15 insurance ......................................................... 5.14 other Work, by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Item; ..................... 0.7.1 Work b5'OWNER..............................2.5, 6.30, 6.34 Access to the - Lands, OWNER and CONTRACTOR responsibilities .............................................. 4.1 site. related Work ............................................... 7.2 Work. .......................................... 13.Z 13.14,14.9 Acts or Omissions-, Acts and Omissions - CONTRACTOR 6-9.1. 9.13.3 ENGINEER ... . ................................. ..... 6.20,9.13.3 OWNER .................................................... 0.20.8.9 Addenda --definition of (also see definition of Specifications) .......(1.6.1.10,6.19),I.l Additional Property Insurance* ................................. 5.7 Adjustments - Contract Price or Contract Times ...........................).5.3.5.4.1.4.3.2, 4.5.2, ..............................4.5.3. 9.4. 9.5. 10,240.4, ....... ... I .......... -.11. IZ 14.8. 15.1 progress schedule .............................................. 6.6 Agreement. - definition of ....................................................... J.2 "All -Risk" Insurance, policy fam ...........................5..6.2 Allowances. Cash ....................................................11.8 Amending Contract Document4 ................................ 3.5 Amendment. Written. - in general ................J.10, 1.45, 3.5, 5.10, 5.12, 6.6.2 ........................... O's-Z 6.19,10.1. 10.4,11.2 .................................... 12.1,13.12-2,14.7.2 Appeal, OWNER or CONTRACTOR intent to ..........................9.10.9.11,10.4. 16.2. 16.5 Application for Payment -- definition o( ...................................................... J.3 ENGINEERs Responsibility ............................... 9.9 final payment.._,,,.,.,,,_, .9.13.4.9.13.5,14.12-14.15 in general,,,,,,,,,,,,,,,,,, 2. 8, 2.9, 5.6.4, 9. 10, 15.5 progress payment ........ ......... ............ 14.1-14.7 review of ....................... . ­_ .1 . - ....... 114.4-14.7 Arbitration .....................................................16.1.16.6 Asbestos -- claims pursuant thereto.. .................... . . 4.5 2, 4.5.3 CONTRACT OR authorized to stop Work. . .... _4.5.2 definition of. ­. . I. ... � ... I � ......... ........ ...... ...... .. 1.4 Article or Paragraph Number OWNER responsibility for ....... ........ ............ 4.5.1,8.10 possible price and times change........................4.5.2 Authorized Variations in Work,,..,,.,, 3.6, 6.25, 6.27, 9.5 Availability of Lands ...... ......... .... _ _ ............ 4.1.8.4 Award, Notice of--Befitted.......................................1.25 Before Starting Construction .............................. 2.5-2.8 Bid -definition of, 1.5 (1.1.1.10,2.3.3.3. - ........... ._.:4.2.6.4,6.13, IIA.3,119.1) Bidding Documents -definition of........... Bidding Requirements --definition Of ..........................................1.7 (1.1.4.2.6.2) Bonds -- acceptance of ....................................................5.14 additional bonds .................................. 10.5,11.4.5.9 Cod of the Work, ............................................11.5.4 definition of .......................................................1.8 delivery o....................................................2.1, 5,1 final Application for Payment,,,,,,,,,,,,,,, . 1412-14.14 general .. ..... ............................... 1,10, 5.1-5.3,5.13, ....... ........ I ....................... 9.13.10.5,14.7.6 Performance, Payment and OtheT ..... _ ............ 5.1-5.2 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, ................................................... JI.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 31.9 claim for price adjustment,,,,,...,,,, 4.1, 4.2.6, 4.5. 5.15, 6.8.2, 9.4 .................... 9.5. 9.11. 10.2, 10.5. 11.2- 13.9. ........................ 13.13, 13,14, 14.7. 15.1. 15.5 CON'TRACTORs fee .........................................11.6 Cost of the Work general ........... .................................... 11.4-11.7 Exclusions to .............................................. ILS Cost Reocirdgk. in general ............. 1.19.1.44,9.11.10.4.,) 10.4.3, 11 Lump Sum Pric4 ......................................... 11.3.2 Notification of Surety .... ___ .............. ....... 10.5 Scope or, ................................................... J031-10.4 Testing and Inspection, Uncovering the Work ....... .......... ............... 13.9 EX*DCCENERAL CONDMONS 1910.9 (1990 EDMON) w/aTY OF FORT COLLM MODMICATIONS (REV 9199) Unit Price Work ............ ...................... __11.9 Article or Paragraph Number Value of Work _11.3 Change in Contract Times -- Claim for times adjusim ent ....... :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. -time ­iiinitA 13.14. 14.7. 15.1, 15-5 Contractual .....................................12.2 Delays beyond CONTRACTOR!s control ... . ....................... 12.3 Delays boycn"d"6 3 and CONTRACTORS control..........._ ................12.4 Notification of surety ............................ ........... 10.5 Scope of change ............................. .......... 10-3-10.4 Change Orders -- Acceptance ofDefective Work ..........................13.13 Amending Contract Documents ..........................3.5 Cash Allowances 11's Change of Contract Price ... ................................. I I Change of Contract Time; ...................................12 Changes in the Work ..........................................10 CONTRACTORS fee 11.6 Cost of the Work 11.4-11.7 Cost Records ....................................................11.7 .......*........*.......................J1.7 definition of .......... ........ .... ........................... 1.9 emergencies ............................... . .................... 623 ENGINEERS responsibility ...... _9.8.10.4, I LZ IZ I executionof.....................................................10.4 lademriffiction., ....................... 0.12.6.16,6.31-6.33 Insurance, Bonds and,_,..,_„.............. 5.10,5.13,10.5 OWNER may terminate .................. ........... 15.2-15.4 OWNER's Responsibility...... ....................... $.6,10.4 Physical Conditions — Subsurface and .............................................4.2 Underground Facilities .............................. 4.3.2 Record Documents 619 Scope of Change ....................................... 10.3-10.4 Substitutes ......... 6.7.3, 6.8.2 Unit Price Wok .......... I .................... ................ 31.9 value of Work, covered by .................................11.3 Changes in the Work....._..........................................10 Notification of surety .........................................10.5 OWNERS and CONTRACTORs rcaporisibiliticA... ................................... .... 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 ................... .. . .........0.32 Change of Contract price... . .. .... -.9.4.11.2 Change of Qntract Times ..........................9.4. 12.1 CON"IRACTOR's ............. 4. 7.1. 9.4. 9.5. 9,11. 10.2. ...........................11.2, 11.9, 111. 13.9. 14.8. ..................................... 15.1,15.5,17.3 C0NTR_4.CTOR!s Fee 11.6 Article or Paragraph Number CONTRACTOR's liability ........... 5.4.6.IZ 6.16, 6.31 Cost of the Work .......................................11.4,11.5 Decisions an Disputes .............................. .9.11. 9.12 Dispute Resolution ............................................)6.1 Dispute Resolution Agreement ................... 16.1-16.6 ENGINEER as initial interpretcK .......................9.11 Lump Sum Pricing .........................................11.3.2 Noticeof ..........................................................17.3 OWNERs ....................9.4. 9.5. 9.11. 10.2. 11.2, 11.9 ............... * ' 111. 13.9. 13.13, 13.14, 17.3 liability...........* OWNEI& .................................... 5.5 OWNER may refuse to make payment, ................)4.7 Professional Fees and Court Costs Included.. ..... .... .. ** ---- ** " ...................17.5 request for formal decision 011............................9.11 Substitute Items ................. .........*......* ... * ........... 6.7.1.2 Time Extension.. ........................... . ................. 12-1 Time requirements ................................. Unit Price Work .............................................11.9.3 Value of 3.1.3 Waiver of --on Final Payment ................. 34.14,14.15 Work Change Directive .....................................10.2 written notice required......................Q.11, I LZ 12.1 Clarifications and Interpretation;............ j.63,9.4,9.11 Clean Site Codes of Technical Society, Organization or Association ..................... Commencement of Contract Times 2.3 Communications — general .............................................. §.2,6.9.2, 3.1 Hazard Communication Programs ...................... 6,22 Completion — Final Application for Payment ..........................14.12 Final Inspection., ................. .......................... 14.11 Final Payment and Acceptance_ ............. J4.13-14.14 Partial Utilization ...........................................)4.10 Substantial Completion ...................... 1,39,14.8-14.9 Waiver of Claims ............................. .............. 14.15 Computation of Timm ............................. .17.2.1.17.2.2 Concerning Subcontractors, Suppliers and Otherk .................................................. G.M.11 Conferences -- initially acceptable schedule* ............................... 2.9 preconstruction, .................................................. 2.8 Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report.......... 2.5, 3.3.2 Construction. before starting by CONTRACTOR 2. 1-z 7 Construction Machinery. Equipment. etc,__ � ............ 6A Continuing the Work .................... ................ 6.29,10.4 Contract Documents — Amending..........................................................3.5 Bonds 5.1 EXMC GEHMAL comrnONS 1910-8 11"0 EDMON) wi CITY OF FORT COUJM MODIRCATIONS (FtEV 9V99) Cash Allouances ...11.8 Article or Paragraph Number Change of Contract Price .................... I...............11 Change of Contract Times ............. ......... . ........ 12 Changes in the Work ................................ 10.4-10.5 check and verify . .. ............................................ 2.5 Clarifications and Interpretatiom ..........................3.2, 3.6, 9.4. 9.11 definition of .......... ..................... .................... 1.10 ENGINEER as initial interpreter of ....................9.11 ENGINEER as OWNER's representative... ........... 9.1 generaI3 Insurance...........................................................3.3 Intent 3.1-3.4 minor variations in the Work-- ............. 3.6 OWNERs responsibility to furnish data ............. _33 OWNER3 responsibility to make prompt payment ........ ................. 8.3, 14.4,14.13 precedence ........................... .................... 3 1. 33.3 Record Documentsk ........................................... fi. 19 Reference to Standards and Specifications of Technical Societieq ...................................3.3 Related Work......................................................7.2 Reporting and Resolving Discrepancieq ........ ", 3.3 Reuse of ............................................................. 1.7 Supplementing ..................................................1.6 Termination of ENGINEER's Employm ant ......... 8.2 Unit Price Work ............................................... 11.9 variations . ......................................... 3.6,6.23. 627 Visits to Site, ENGINEMA ............................... 9.2 Contract Price - adjustment of ................. 3.5. 4.1, 9.4. 10.3. 11.2-11.3 Changeof ............................... ........................... I I Decision on Disputes ............ ........................... 9.11 defirtition of ............................. . ...................... 1.11 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 Inummoe ................................... ----------.............. 5.14 Communicationsi ........... ... I ................ I., ... §-16.9.2 Continue Work ........................................6.29.10.4 coordination and scheduling ............................0.9.2 definition o......................................................1.13 Limited Reliance on Technical Data Authorized .........................................4.2.2 May Stop Work or Term irate._ .........................15.5 provide site access; to other..._ ................... 7.2, 13.2 Safety and Protection ...................4.3.1.2, 6.16.6.18, ...................................... 6.21-6.23.7.2,13.2 Shop Drawing and Sample Review Prior to Submittal ....................................... g.25 Stop Work requirements........._..... ...... 4.5.2 CONTRACTOR's- Article cr Paragraph Number Compensation, .... ­ ......... ............... - ......... 11,1411 Continuing ObligatioR .................................... 14.15 Defective Work ...............................9.6. 13.10-13.14 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 condition* ...................................4.23 Discrepancy in Docamtentsk ....... 2.5,3.3.2.6.14.2 Underground Facilities not indicated.......... 4.3.2 Emergencies ..................................................... 6.23 Equipment and Machinery Rental, Cost of the Work 11.4.5-3 Fee -Cost Plus, ......................... J 1.4.5-6,11.5.1, 11.6 General Warranty and Guarantee; .......................0.30 Hazard Communication Programs ......................0.22 Indemnification ......... ............... 6.12.6.16.6.31-6.33 Inspection of the Work ..................... _ ........ 7.3,13.4 Labor, Materials and Equipment .................... 0.3-6.5 Laws and Regulations, Compliance by.....,,,_„- 6.14.1 Liability Insurance ..............................................5.4 Notice of Intent to Appeal ................I........9.10, 10.4 obligation to perform and complete theWork ....................................................0.30 Parent Fees and Royalties, paid for b................. 632 Performance and Other Bonds _3.1 Permits, obtained and paid for by ................... 0.13 Progress Schedule ........................... Z6,18,19,6.6, ........................... j&N, 10.4.15.2 Reqttest for al decisionon disputes ........ ...... 9.11 Responsibilities— Changes in the Work ..................................10.1 Concerning Subcontractors, Suppliers and Others 6.8-6.11 Continuing the Work ......... ........... __0.29,10.4 CONTPLAkCTORs experise ...........................6.7.1 CONTRACTORs General Warranty and Guarantee 6.30 CONTRACTOR review prior to Shop Drawing or Sample Submittal ................ 0.25 Coordination of Work ................. ... .......... 6.92 Emergencies ............................................... 6.23 ENGINEERS evaluation. Substitutes or "Or -Equal" Items ............................. 6.73 For Acts and Omissions of Others ............................. 0.91-6.9.2,9_13 for deductible amounts insurance...................5.9 general ........................................15, 7.2, 7.3, 8.9 Hazardous Communication Programs.......... 6.22 IndemnificaticR .................................. &31-6.33 vit EKMC MeM COMMONS 1910-9 OM EDMOM w/ MY OF FORT COUDZ MODMCA110M OMV 91") Labor, Materials and Equipment ............. 03-6.5 Laws and Regulations .................................6.14 Liability Insurance .................................. 5.4 Article or Paragraph Number Notice of variation from Contract Documents ........................................... 627 Patent Fees and Royalties............................6.12 6.12 Permits.......................................................0.13 Progress Schedule .... ..................................... 6.6 Record Documents ....................................... 6.19 related Work performed prior to ENGINEER approval of required submittals .............................................0.28 safe structural loading .................................6.18 Safety and Protection_.__.............6.20, 7.2, 13.2 Safety Representative ............... ................... 621 Scheduling the Work ..................................6.9.2 Shop Drawings and Sample* ........................ 0.24 Shop Drawings and Samples Review by ENGINEER ......................................6.26 Site Cleanliness........_ ..... .......... r x17 Submittal Procedures ...................................625 Substitute Construction Methods and Procedures 6.7.2 Substitutes and "Or -Equal" Items ................. 6.7.1 Superintendence ...........................................6.2 Supervision...................................................6.1 Survival of Obligations ................................634 Taxes 6.15 Tests and Inspections..................................13.5 ToReport ..................................................... ;.5 Use of Rem Les 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 Work., ... 10.2 right to claim,-.......... :4, 7.1, 9A, 9,5, 9.11, 10-Zl 1.2, .) 1.9,12.1. 13.9, 14.8. 15.1, 15.5. 17.3 Safety and Proiecticq.................. . 6.20-6.22. 7.2, 13.2 Safety Representative ................................ ....... 6.21 Shop Drawings and Samples Submittals..,, 6.24-6.28 Special Consultants... ......... .......................... 11A.4 Substitute Construction Methods and Procedures 67 Substitutes and "Or -Equal" Items, Expense .... ...................................... 6.7.1. 6.7.2 Subcontractors. Suppliers and Others .......... 15.8-6.11 Supervision and Superintendence .......... 6.1. 6.2, 621 Taxes. Payment by ......... .... ........................ 6.15 Use of Premises. ............ 1.6.16-6.18 Warranties and guaranteck ......................... 0.5.6.30 Warranty of Title..... ....................................14.3 Written Notice Required -- CONTRACTOR stop Work or terminate ....... 15.5 Reports of Differing Subsurface and Physical Conditions ........................4.2.3 Substantial Completion................................14.8 Viii CONTRACTORS --other 7 Caritrachuil Liabil ity Insurance.. 10 Contractual Time Limits ................. ..... .. ........ J2.2 Article or Paragraph Num ber Coordmation— CONTRACTORs responsibility .......... .............. 4.9.2 Copies of Documents ................................. .............. 2.2 Ccrrecticn Period ..................................................13.12 Correction. Removal or Acceptance of Defective Work— in general ...................................10.4.1. 13.10-13.14 Acceptance o[Defeefive Work ...........................13.13 Correction or Removal of Defective Work........ ..................... .6.30,13.11 Correction Period .............................. ............. 13.12 OWNER May Correct Defectruir Work ..............13.14 OWNER May Stop Work ............ .................... 13.10 Cost — of Tests and Trispectiorts ....................................13.4 Records 11.7 Cost of the Work — Bonds and insurance, additional ...................11.4.5.9 Cash Discounts..............................................11.4.2 CONTRACTOWsFee 11.6 Employee Expenses ....... ..................... . ...... 11.4.5.1 Exclusions t.....................................................11.5 General 11.4-11.5 Home office and overhead expenses ............... 11,5 Losses and damages ..................................... 11.4.5.6 Materials and equipment................................11.4.2 Minorexpenses ............................. ............. j 1.4.5.8 Payroll costs an changes.................................11.4.1 performed by Subcontractors ............................ 11.4.3 Recordsll.7 Rentals of construction equipment and machinery.. ................ .................... 11.45.3 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 ............................11.4.5A Tests and Inspecticn, .........................................13.4 Trade Discounts .............................................11.4.2 Utilities, fuel and sanitary Ncilitie; ..............11.4.5.7 Work after regular hours .................................11.4.1 Covering Work..._......_ .................. . .......... .... J3.6-13.7 Cumulative Remedies ................. .: ...... ... I ................ — 37.4-17.5 Cutting, fitting and patching...................................7.2 Data, to be furnished by OWNER ...................... ....... ?.3 Day —definition of ................................................17.2.2 Decisions on Dispute.................................... . 9.11.9.12 defective —definition of ...........................................1.14 defective Work — Acceptance of ....................................... 10.4,1,13.13 EJ= SAL COMMONS 1910-9 OM EDMON) w/ aTy cmn coLuNs morimcAmom atEv 91") win at Item No. item Description Unit 2016 Contract Quantities Proposed Unit Price Proposed Contract Price 202.03 Planing Surface Preparation 5" to 10" - fAn Drum Width 70" Square Yard 3,000 $ - 202.05 Planing Support - Labor, Equipment, Materials Hour 30 $ - 203,02 Excavation - General Over 100 CY Cubic Yard 1,000 $ - 203.03 Excavation - Mick Cubic Yard 1.000 $ - 203.05 Borrow (Complete in Place) - Over 100 Ton Tan 105 $ - 20B.03 Sitt Fence Lineal Fool 50 $ - 210.01 Reset Mailbox Each 1 $ - 210.06 Tyler 6850 Series, Item 58. 14' Valve Box Extension (Part Only) Each 1 $ - 210.07 Tyler 6860 Series, 16' Valve Box Top Section Without Lid (Part Only) Each 15 $ - 210.08 Tyler 6860 Series, 26" Valve Box Top Section Without Lid (Part Only) Each 6 $ - 306.01 Subgrade Preparation Square Yard 10,000 $ - 306.02 Asphalt Recycling (5-12') Bomag and Prep Square Yard 5,000 $ - 307.10 Class C Fly Ash Delivered 8 Spread 12" Depth, 12% by weight Square Yard 15.000 $ - 307.20 Stabilize Subgrade - Tilled, Watered. & Compacted Square Yard 10.000 $ - 403.01 HNIA- Grading SX, (75) 58-28 Binder Ton 1.000 $ - 403.06 FM Grading SG, (75) 64-22 Binder Ton 1,000 $ - 630.04 Night Work Up -Charge Per Night Worked 1 $ - BID ALTERNATE - 1 CONTRACT COST $ - Correction or Removal of ...................... 10.4-1,13-11 Correction Period 13.12 in general........_ .... .. .. . ............ . . 13. 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work ................ ................ 13.10 Prompt Notice of Defects, .............. . ............... ..13.1 Rejecting................................................... _ ...... 96 Uncovering the Work ........................... ........... 13.8 Definitions I Delays .................................... -4.1, 6.29, 113-114 Delivery of Bonds .....................................................2.1 Delivery of certificates of i;tsuranck ...........................2.7 Determinations for Unit Prices ........... ..................... 9.10 Differing Subsurface or Physical Conditions — Noticeof ................................... ............. .......4.2.3 ENGINEER'S Review ............................... Possible Contract Documents Change,,,,,,,,,,,,,, . 4.2.5 Possible Price and Times Adjuitmentii .............. 4.2.6 Discrepancies -Reporting and Resolving, .. . .. ....................... 15, 3.3.2, 6.14.2 Dispute Resolution— Agrccmcn�, .............................. ............... 16.1-16.6 Arbitration ................................................ 16.1-16.5 gencra116 Mediation 16.6 Dispute Resolution Agreement... . ..................... 16.1-16.6 Disputes, Decisions by ENGINEER .................. 9.11-9.12 Documents -- Copiesof ........................................................... 72 Record 6.19 Reuseof . ........ ................... ...............................3.7 Drawings —definition of .......................................... J. 15 Easements A.1 Effective date of Agreement — definition Qf... ........... 1.16 Emergencies... ................................ ------- ........... 6-23 ENGINEER — as initial interpreter on dispute;; ................ 9.11-9.12 defirution of ............................... I .....1.17 Limitations on authority and responsibilities...,, 9.13 Replacement of .................................. . ......8.2 Resident Project Repircuntative...........................9.3 ENGINEEWs Consultant — definition o( 1.18 ENGIN[EER!s-- authority and responsibility. Limitations on ........ 9.13 Authorized Variations in the Work .................... 9.5 Change Orders, responsibility for,...... 9.7.10.11, 12 Clarifications and Interpretations ............... 343.9.4 Decisions an Disputes ................... — ......... 9.11-9.12 defective Work, notice of, .............I....................13.1 Evaluation of Substitute items.........................6 7 3 Liability ...................................................0.32, 9.12 Notice Work is Acceptable ............ . . ........... 14.13 Observations .................................... ...... 0.3O.Z 9.2 OWNER's Representative ... ............. .......... . ..... 9.1 Payments to the CONTRACTOR, Responsibility for ..................................... 9.9,14 Recommendation of Payment ................... 14.4,14.13 Article or Paragraph Number Responsibilities —Limitations aix ................ 9.11-9.13 Review of Reports an Differing Subsurface and Physical Conditions_ ..... ..................... 4-2.4 Shop Drawings and Samples, review responsibility .................... ...... ........ ...... 6.26 Status During CortstrucLion— authorized variations in the Work .................9.5 Clarifications and Interpretations-„ ................ 9.4 Decisions on Disputes ................ ......... 9.11-9.12 Determinations on Unit Pricit ......................9.10 ENGINEER as Initial InterpreW-, ---- ... 9.11-9.12 ENGINEERs Responsibilities ............... .9.1-9.12 Limitations on ENGINEMs Authority and Respon%ibilitic3 ..............................9.13 OWNER's Representative .................... ......... '01 Project Representative.. _..............................9.3 Rejecting Defective Work ..............................9.6 Shop Drawings, Change Orders and Payments ................................... 9,7-9-9 Visits to Site ............................._.................9.2 Unit Price determinattorut 9.10 Visits to Site .................. .......... ................. _......9.2 Written consent required ..............................7.2, 9.1 Equipmcnk Labor, Materials and ...................... _03-65 Equipment rental. Cost of the Work ..................11.4.53 Equivalent Materials and Equipment.........................(.7 error or omission* ..................................................0.33 Evidence of Financial Arrangem . ...................... P.11 Explorations of physical conditions ....................... . 4.11 Fee, CONTRACTORs—Costs Plu...........................11.6 Field Order — definition of, .....................................................1.19 issued by ENGINEER ............. .................. 3.6.1,9.5 Final Application for Payment, .............. .............. 14.12 Final Insp"tion...................................................14.11 Final Payment — and Acceptance .............................. . ..... 14.13-14.14 Prior to, for cash allovances ..............................11.8 General Provisions . ......... 17.3-17.4 General Requirements — definition of 1.20 principal references to ..............2.6, 6.4, 6.6-6.7, 6.24 Giving Notice ...................... JTI Guarantee of Work —by 6&diAa6k ........ 0.30.14.12 Hazard Communication Programs ...........................0.22 Hazardous Waste — definition of .....................................................1.21 general...................................................... ....... 4.5 OWNER's responsibility for ...............................8.10 EJIMCGENE"LCONDITIONS1910-909M EDMOM wt aw OF FORT COUDES WDIFICATIONS OtEV SV") Indemnification ...................... ...0..12, 6.16, 6.31-6.33 Initially Acceptable Schedules...................................2.9 Inspection -- Certificates of ............. ....... __ .... P.13.4,13.5,14.12 Final............................. ............................. 14.11 Article or Paragraph Num ber Special. required byENGINEER .........................9.6 Tests and Approval..... ........................ $1,13.3-13.4 Insurance - Acceptance of, by OWNER ...............................5.14 Additional, required by changes in the Work ..........................................11.4.5.9 11.4.5.9 Before starting the Work ............................. .....27 Bonds and --in general .......................................... Cancellation Provisions .....................................5.8 Certificates of ...................2.7, 5, 5.3, 5.4.11, 5.4.13. .... .... * .............. 5.6.5. 5.8, 5.14, 9.13.4. 14.12 om cpleted operations ..................................... 5.4,13 CON7RACTOR's Liability ............................. _.5.4 CONTRACTORs objection to covcrige ............. $.14 Contractual Liability ............................. ........ 5.4.10 deductible amounts, CONTRACTOR!s responsibility ................................................5.9 Final Application for Payment .........................14.12 Licensed Insurers $3 Notice requirements, material change;,,,,,,, 5.8,10.5 Option to Replace ........................ .................... 5.14 other special insurance* .............................. -....5.10 OWNER as fiduciary for insureds .............. 5.12-5.13 OWNER's Liability ............................................ 5.5 OWNER Pesponshility .................................... 8.5 Partial Utilization, Property Insuraxicq ...............3.15 Prcperty..................................................... 5.6-5-10 Receipt and Application of Insurance Proceeds .. .......... "'* ...... * ..... ­ ............. 512-5.13 Special Insurance.. ........... __ ........ _ ...... _ ......... 5.10 Waiverof Rights .............................................. S.Il Intent of Contract Documents ...... ........... ............ 3.1-3.4 Interpretations and Clarifications ..................... 343,9.4 Investigations of physical condition; ..........................4.2 Labor, Materials and Equipment ........................... 6.3-6.5 Lands -- and Easements Availability of ................. ........................... A.]. 8.4 Reports and Testk ....... ...................................... $.4 Laws and Regulations -Lam or Regulation -,- Bonds... ........ ..................... ..................... 5.1-5.2 Changes in the Work ............... ........................ 10.4 Contract Document...........................................5.1 CONTRACTOWs Responsibilities ..................... ¢ 14 Correction Period. defeclNe Work ....................)3.12 Cost of the Work, taxes ............................... )1.4.5.4 definition of. . .. ...... _ ....... ..... ............ ..1.22 general6,14 Indemnificatiork ......... ................. ............ 6.31-6.33 Insurance, ........ ............................... _ ................ 53 Precedence 1. 3.3.3 Reference; to A.3.1 Safety and Protection .... ............ ........ __.6.20, 131 Subcontractors, Suppliers and Others,,,,,,,,,, 6.8-6.11 Article or paragraph Nurn ber Tests and Inspections, ............................ _....13.5 Use of Premises ............ .................................... 6.16 Visiu to Site.......................................................9.2 Liability Insurance.- CONTRACTORs .............................. _ ............... 5.4 OWNERs.................. .......................................53 Licensed Sureties and Instire" ................................. Liens 5.3 -- Application for Progress Payment ......................14.2 CONTRACTORs Warranty of Title ....................14.3 Final Application for Payment ..........................14.12 definition of .....................................................123 Waiver of Claims ............................. . ............ J4.15 Limitations on ENGINEEWs authority and responsibilities ..................................................9.13 Limited Reliance by CONTRACTOR Authorized .......................................................4.2.2 Maintenance and Operating Manuals - Final Application for Payment ..........................14.12 Manuals (of others) - Precedence ................................................... 3.3.3.1 Reference to in Contract Document* ..................3.3.1 Materials and equipment- finitished by CONTRACTOR ...............................0.3 not incorporated in Work ...................................14.2 Materials or equipment-equivalent...........................0.7 Mediation (Optional) ..............................................16.7 Milestones --definition of ........................................1.24 Miscellaneous -- Computation of Times .. . ....................... _ .. . ....... 17.2 Cumulative Remedies ........................................17.4 Giving Notice ....................................................17.1 Notice of Claim .................................................173 Professional Fees and Court Coo Included.....,._ J7.5 Multi -prime contracts .................................................7 Not Shown or Indicated 43.2 Notice of - Acceptability of Project .................................... 14.13 Award, definition o( ....................... .... ............ J25 Claim........................................................... J7.3 Defects.13.1 Differing Subsurface or Physical Condition;.,,,,, 4.2.3 Giving......................... .................................. 17A Tests and Inspections ..................... __ ........ ...... 313 Variation Shop Drawing and Samplo .................0.27 Notice to Proceed - definition of ............................ _ ..................... 1.26 givingof ............................................................. Z3 EJCDC MI Mt, COMITIONS 19104 (1990 EDMO?O w/ aTY OF FORT COUM MOD11FICA71ONS OXV 91M Notification to Surety._...........................................10.5 Observations, by INGINTER ...........................6.30, 9.2 Occupancy of the Work..................5.15, 6.30.2.4. 14.10 Omissions or acts by CONTRACTOR...............0.9. 9.13 Open Peril policy form, Insurance .........................5.6.2 Option to Replace ....................... ............................. $.14 Article or Paragraph Number 'Or Equal' Items......................................................5.7 Other work 7 Overtime Work —prohibition of.................................6.E OWNER -- Acceptance ofdefachve Work...........................13.13 appoint an ENGINEER......................................2.2 as 5duciary...............................................3.12-5.13 Availability of Lands. responsibility....................4.1 definition of, ................................. _ ............... 1.27 data.furnish......................................................8.3 May Correa Defective Work...........................13.14 May refuse to make payment .................. .....)4.7 May Stop the Work........................................33.10 May Suspend Work Terminate ...........................8.8. 13.10, 15.1-15.4 Payment, make prompt .._.................. $.3, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirementg ....................0.13 purchased insurance requirements,,,,,,,,,,,,,, 5.665.10 OWN1 TRs-- Acceptance of the work ... .......................... 4.3025 Change Orders, obligation to executt........ 8.6, 10.4 Comm unications............................................... 8.1 Coordination of the Work 7.4 Disputes, request for decisioq............................9.11 Inspections, tests and approvals .................. $.7, 13.4 Liability Insurance ............................................. 5.5 Notice of Defects..............................................13.1 Representative --During Construction, ENGINEER's Status ...................................... 9.1 Responsibilities — Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material$.10 Change Orders, ............................................ 8.6 Changes in the Work ........ ........... ....... ..._... 10.1 communications 8.1 CONTRACT01;Vs respanst-bilitiq..................8.9 evidence of financial arrangementq..............$.11 Inspections, tests and approvals .....................8.7 insurance...................................................... 8.5 lands and easements.....................................8.4 prompt Payment by... ..................................... 8.3 replacement of ENGMER ...........................$.2 reports and tests ........................................... 8.4 stop or suspend Work ................. 0.8- 13.10. 15.1 terminate CONTRACTOIrs services..........................................8.8. 15.2 separate representative at sits..............................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 CONDMONS 1910.8 (1990 EDIT[ ON) w; QTY OF FORT COLLINS MODIFICATIONS (REV won Article or Paragraph Number written notice required ........................ 7.1.9.4,9.11, ....................................ILL .....**...............****ILZ 11-9,14-7,15.4 PCBs — definition of ....................................................1.29 general................................. ....................... 4.5 OWNEWs resporiability fir 8.10 Partial Utilization — definition of.....................................................1.28 genem16_30.2.4.14.10 Property Insurance ............................................ 5.15 Patent Fees and Royalties ........................................ 6.12 Payment .. . . *' ' I ... I., ........5.1-5.2 ,Bonds Payment - Recommendation of Payments to CONTRACTOR and Completion — Application for ProgressPayments ......................14.2 CONTRACTORs Warranty of Title .... ............... 14.3 Final Application for Payment .........................14.12 Fins I Inspection ............................. ................ J4.11 Final Payment and Acccptanop .............. J4.13-14.14 general.......... ................................$3, 14 Partial Utilization .... ....................................... 14.10 Retamage..........................................................14.2 Review of Applications for Progress Payments ............................... J 4.4-14.7 prompt pa.ment, .......................... . . .................. P.3 Schedule of Values ........................ 4..................14.1 Substantial Completion.... __. _......... _. _... _.14.8-14.9 Waiver of Claims .............................................14.15 when payments due ................................ 14.4,14413 withholding payment ................... .................... 14.7 Performance Bonds ...................... ............ 4 ........ 5.1-5.2 Permits 0.13 Petroleum — definition of 130 general.............................................................. 4.5 OWNEWs responsibility for,,,,,,,,,,,,,,,, $.10 Physical Conditions -- Drawings of, in or relating tQ ........................ A2.1.2 ENIGINEER's review ......................................... 4.2A existing structures.._.........................................4.2.2 general4.2.1.2 ............................... ....................... Notice of DLffauig Subsurface or ..................... 423 Possible Contract Documents (nww 4.2.5 Possible Price and Times Adjustment.*..............4.2.6 Reports and Drawings ...................................... 41.1 Subsurface and, ................................................ _4.2 Subsurface Condition4 ................................... 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized._ . ............. ...... 4.2-2 Underground Facilities-- general.........................................................4.3 Not Shown or Indicud ..............................4.3.2 Protection of _43, 6.20 Xii Article or Paragraph Number Shown or Indicated :4.3.1 Technical Data ............................................... !4.2.2 Preconstruction Conference ............................ . ......... Preliminary Matters .................... ........... ................ __2 Preliminary Schedule* ...............................................2.6 Promises, Use of ............... _ ..... .............. ....... 6-16.6.18 Price. Change of Contract ................. ........................ I I Price, Contract --definition of .................................. ul Progress Payment Applications fcr ..........................14.2 Progress Payment-.rctainag; ...... _ ........................... 14.2 Progress schedule, CONTRACTORs ........... Z 6, 2.8.2.9, ................................. 6.6. 6.29. 10.4, 15.2.1 Project —definition of...............................................1.31 Project Representative-- ENGINEERs Status DuringConstructior%__. ...... 9.3 Project Representative, Resident --definition of .........1.33 prompt payment by OWNER .....................................8.3 Property Insurance -- Additional 53 generaU.6.5.10 Partial Utilization..............................5.15.14.10.2 receipt and application of proce%k ............ 5.12.5,13 Protection, Safety and ..............................0.20.6.21. 13.2 Punch list 3:4.11 Radioactive Material-- defintion of .....................................................1.32 gen=14.5 OWNER's responsibility for .............................. $.10 Recommendation of Payment ....... ........ J4,4,14.5,14.13 Record Documents 6.19,14.12 Records, procedures for maintaining ............... .........2,8 Reference Points .......................................................4.4 Reference to Standards and Specifications of Technical Societies .........................................3.3 Regulations, Laws and (or) ...................................... 6.14 Rejecting Defective Work ...... ......... .............. .......... 9.6 Related Work -- atSite ........... . ........................... ............... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review ..................... 628 Remedies. cumulative . ........................... _ ...... 17.4,17.5 Removal or Correction ofDefective Work.. ..... _ ------- 13,11 rental agreements, OWNER approval required,.., 11.4.5.3 rapleoement of ENGINEER, by OWNER . ................... 8.2 Reporting and Resolving Discrepancies ................................2.5.3.3.2, Reports 6.14.2 — and Drawings .................................................4.2.1 and Tesm OWNER!s responsibility .....................8.4 Resident and Project Representative— definition of ........... ........................................ J.33 provision for ............................................................. 9-3 EJCDC CEMRAL C01,DMONS 1910-9 (1990 EDMON) w/aTY OF FORT COLUNSMODMCAMONS atEV 91") Article or Paragraph Number Resident Superintendent, CONTRACTORS .......... -.6.2 Responsibilities-- CONTRACTOR!s-in general ..................................6 ENGINEER s-in general ........................................9 Limitations on, ............................................9.13 OWNERS -in general ............................................. 8 Retainage........ ........... ....................................... 14,2 Reuse of Docum ersts. ............................................... . 3.7 Review by CONTRACTOR-- Shop Drawings and Samples Prior to Submittal ..........................0.25 0.25 Review of Applications for Progress Payment4 ..................................... 14.4-14.7 Right to an adjustment ...........................................10.2 Riotsof Way- ...............................................I........4.1 Royalties, Patent Fees and ....................................... 6.12 Safe Structural Loading ..........................................0.18 Safety - and Protection ................................4.3.2, 6.16.6.18, _ ............... .......... ........ 62M.21.12.13.2 general ..................................................... 6- '. 6.23 Representative. CONTRACTOks .......................0.21 Samples - definition of ......................................................1.34 general.................................................. J.2".28 Review by CONTRACTOR._..-._ .. . ......... 6.25 Review by ENGEJEE..............................6.26. 6.27 related Work .....................................................0.29 submittal oC ....... _ ........................................ 6.24.2 submittal procedureil .........................................0.25 Schedule of progress .......... ................. 2.6,2.&-2.9. 6.6, ..... . ...... ..6.29.10.4.15.2.1 . . . . . . . . . Schedule rdShop Drawing. and S ampie Submittals .............................. 2.6.2.8-19. 6.24-6.28 Schedule of Values..........._._.............Z6, 2.8-2.9. 14.1 Schedules - Adherence to 15.21 Adjusting..... _ .............................. ... .............. 0.6 Change of Contract Time4 .................................10.4 Initially Acceptable ...................................... 2.8.2.9 Preliminary ................................. ....................... Z6 Scope of Changes, ...................................... 10.3-10A Subsurface Conditions; 4.2.1.1 Shop Drawings - and Samples. general ................................ 6.24-6.28 Change Orders & Applications for Payments. and.. . . .... ........................ .... _9.7-9.9 definition of ............................. ........................ 1.35 ENGIN`HERs approval of .. .............................. 3-6.2 ENGINEER s responsibility for review ..................................... 9.7.6.24-6.28 related Work .....................................................6.28 review procedures, .............................. 2.8.6.24-6.29 Article or Paragraph Number submittal required., .......................... ........... 6.24.1 Submittal Procedures .......................... ......... .... 6.25 use to approve substitutions ........................... _-6.7.3 Shown or Indicated ................................................4.3.1 Site Access ...................................................... 7.2.13.2 Site Cleanliness .......................................................¢. 17 Site, Visits to - by ENGINEER.............................. . ........... 9.2.131 byothers ............................... . ........................ 33.2 .special causes of loss" policy form. insurance definition of . .................................................... 1.36 Specifications- defination of ... ................................................ 1.36 of Technical Societies, reference t9 .................. 3.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies ........................................3.3 Starting Constructicim Before .............................. Z-4-2.8 Starting the Work .....................................................2.4 Stop or Suspend Work - by CONTRACTOR ............................. ...... _ .... 15.5 by OWNER ...................................... 9.8,13.10,15.1 Storage of materials and equipment .................... 4.1,7.2 Structural Loading, Safety ....................................... 6.18 Subcontractor - Concerning, .............................................. J definition of ..................... ......... ............. ...... 1.37 delays........................... . ............................... 113 waiver of Tights ............................. ................. Subcontractors --in general ................................6.8 Subcontracts --required provisior4 ........ 5.11. 6,11, 11.4.3 Submittals - Applications for Payment .................................14.2 Maintenance and Operation Mwmal*. .............. 1412 Procedures ..................... 0.25 Progress Scll�e-q* Zi% 7.9 Samples ...................... . ........ . ... ........... 0-24-6.28 Schedule of Values ........................... ........ 2.6,14.1 Schedule of Shop Drawings and Samples Submissions ......................................2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6.28 Substantial Completion - certification of ............................ §.30.13,14.8-14.9 definition oC .................................................... 1.38 Substitute Construction Methods or Procedures....... 6.7.2 Substitutes and "Or Equal' Items ...............................6.7 CONTRACTOR!s Expem4t .............................0.7.1.3 ENGINEER`s Evaluation .................................6.7.3 "Or-Equal".................................................6.7.1.1 Substitute Caistruction Methods X61 EX -DC MNBtAL COMN371ONS 1910.8 (19% EDIT10N0 wt C3TY OF FOPT COLUNS MODOCAMONS UtEV 91") Article or Paragraph Number or Procedures ............................. ................ 6.7.2 Substitute Items 6.7.1.2 Subsurface and Physical Conditions. - Drawings of, in or relatag to .........................4.2.12 ENGINEER's Review ...................................... 4.14 general.............................................................. 4.2 Limited Reliance by CONTRACrCR Authorized.......... ................... ................. 41.2 Notice of Differing Subsurface or Physical Conditions ............ __ ............ ...... __:4.2.3 Physical Conditions ............... ................... 4.2.1.2 Possible Contract Documents Change,,,,,,,,,,,,,,, 4.2.5 Possible Price andTimes Adjustments...............4.2.6 Reports and Drawings .... ................................. 4.2.1 Subsurface anA ............................... ................... 4.2 Subsurface Conditions at the Site..................4.2.1.1 Technical Data.................................................4.2.2 Supervision— CONTRACTORs responsibility ............................0.1 0.1 OWNER shall not supervise ................................8.9 ENGINEER shall not supervisq ................9.2, 9.Z 9.13.2 Superintendence.......................................................0.2 Superintendent, CONTRACTOWs resident ...............6.2 Supplemental costs .................................... ......... J 1.4.5 Supplementary Conditions -- definition of .....................................................1.39 principal references tq .................1.10, 1. 18, 2.2. 2.7, .......................4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, .5. 11, 6. &, 6.13, 7.4, 8.11, 9.3. 9. 10 Supplementing Contract Document; ..........................3.6 Supplier — definition of .....................................................1.40 principal references tQ ........... 33, 6.5. 6.8-6.11, 6.20, .......... * ......... 4.24,9.13.14-12 Waiver ...............................................0.11 Surety — consent to final payment ....................... J4.12,14.14 ENGINEER has no duty to................................9.13 Notification of ........................ ...... _10,1. 10.5.15.2 qualification of .............................. .............. 5.1-5.3 Survival of Obligation ........................................... 6.34 Suspend Work. OWNER May ....................... J3.10. 15.1 Suspension of Work and Termination- ......................15 CONTRACTOR May Stop Work or Terminate...............................................15.5 OWNER May Suspend Work ................... . ........ 15.1 OWNER May Terminate ............................. 15.2-15.4 Taxes —Payment by CONITRACTOR ........................0.15 Technical Data -- Limited Reliance by CONTRACTOK ................42.2 Possible Price and Times Adjustments ..............4.2.6 Reports of Differing Subsurface and Physical Conditions ....................................4.2.3 Xiv Temporary construction facilities. , .........................4.1 Article or Paragraph Number Termination — by CONTRACTOR ...........................................15.5 by OWNER ......................................... 8.8,15.1-15.4 of ENGMERs employment ............................... fl.2 Suspension of Work-in general .............................j5 Terms and Adjectives ..............................................3.4 Tests and Inspections — Access to the Work, by others ...........................13.2 CONTRACTOR's responsibilities., .................... J3.5 cost of 13.4 covering Work prior to .............................. 13.6-15.7 Laws and Regulations (or) ................................ 13.5 Notice of Defects_ .................. .......................... 13.1 OWNER May Stop Work .... ......... ........... I ... 13.10 OWN"EIVs independent testing ..........................13.4 special, required by ENGINEER ......................... 9.6 timely notice required .......................................13.4 Uncovering the Work at ENGINEER's request. ............................................... 13.8-13.9 Times — Adjusting..................... ..................................... 6.6 Change of Contract .............................................12 Computationof...............................................17.2 Contract Times —definition 4 ...........................1.12 day.........................................................17.2.2 Mlest ones ............................. -- ........................ 12 Requirements — appeals.............................. ................... 9.10,16 clarificatiorm claims and disputes ..................9.11, 11.2,12 Commencement of Contract Time$ ................23 Preconstructicii Conference ...........................2.8 schedules .......................................... 2.6. 2.9. 6.6 Starting the Work ........................ .... __,_.2.4 Title, Warranty of ........................... ...................... J4.3 Uncovering Work ............................................ 13.8-13.9 Underground Facilities, Physical Conditions — definition of ....................................................JAI Not Shown cr Indicated...._.. .......................... 4.3.2 protection of........._ ....... __ ....... . .............. 43,6.20 Shown or Indicated ................................. ....... 4.3.1 Unit Price Work — claims definition of .......... ......... ......... . .................... 1.42 general 11.9. 14.1, 14.5 Unit Prices— gencra111.3.1 Determination for 9.10 Use of Premise* ............................ _. 6.16. 6.19, 6.302.4 Utility owners .............................0.13, 6.20. 71-7.3. 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, 24-19,14.1 EJCDC GMRAL CONDITIONS 19104 (t990 EDITION) w/ a TY OF FORT COLUM MODMCA170M (REV 91") Variations in Work —Minor Authorized- ................... 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER . ................................... 9.2 Waiver of Claims —on Final Payment ......................14.13 Waiver of Rights by insured partie* ................. 5.11,6.11 Warranty and Guarantee, General --by CONTRACTOR ................................................6.30 Warranty of Title, CONTRACTORs ........................14.3 Work — Accessto ..................... ..................................... t3.2 byothcrs, ............................................................. 7 Changes in the ............................. ...................... 10 Continuing the .. ............................. ................. 0.29 CONTRACTOR May Stop Work or Terminate ............................. . ............... 15.5 Coordination of.........._ ................ . ................... 7.4 Costof the .............................. ....... .......... 11.4-11.5 definition of ......................................................1.43 neglected byCONTRACTOR............................13.14 other Work OWNER May Stop Work ................................. 13.10 OWNER May Suspend Work... ................ 13.10,15.1 Related, Work at Site .................................... 7.1-7.3 Startingthe ........................................................1.4 Stopping by CONTRACTOR .............................15.5 Stopping by OWNER ................................. 15.1-15.4 Variation and deviation authorized, minor ........... 3.6 Work Change Directive — claims pursuant to .............................................10.2 definition of................................. ................. ... 1.44 principal references tq ......................3.5.3. 10.1-10.2 Written Amendment — definition of ......................................................1.45 principal references tc! .............. 1.10, 3.5. 5.10,15.12, ......................... 0.6.2,6.8.2.6.19,10.1,10.4, ...... ___ .............. _11.7,12.1,13.12.2,14.7.2 Written Clarificatiosts and 1riterpretation................................... 3.6.3. 9.4. 9.11 Written Notice Required — by CONTRACTOR ............................. 7.1. 9.10-9-11, ........................................... 10A, ILZ 12.1 by OWNER ........ . .......... 9. 10-9.11, 10.4, 11 -Z 13.14 xv FXW CEhU.AL CONDITIONS 1910 -8 0990 EDITION) W/ MY OF FORT COLUNS MODMCATIONS (REV 9299) (This page left blank intentionally) EJCDC GENERA. CONDITIONS 1910•8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) GENERAL CONDITIONS V "i i N AAm018f7PLIVM M Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof 1.1. Addenda—W'ntten or graphic instnanents issued pior to the opening of Bids which clarify, correct or duutge the Bidding Requirements or the Contract Documents 11. '4greement—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 Pnment—The forth accepted by E�;GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting ducumentation as is required by the Contract Documents 14 Asbestos --Arty 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 budder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidig Doctmtenn—The advertisement or invitation to Boa instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invitation to Bid instructions to bidders, and the Bid form I.S. Bonds —Performance and Payment bends and other instruments of security 1.9. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition deletion or revision ui the Work, or an adjustmera in the Contract price or the Contract Times, issued on or after the Effective Date of Ore Agreement. 1.10. Contract Documents —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, die Notice to Proceed the Bonds, these General Conditions, the Suppleinalwy, Conditions, the Specifications and the Drawings as the EA -DC OE4ER4L CONDITIONS 1910-8 (1990 EMM) at CITY OF FORT COLLI t5 MODIFICATIONS QtEV 42(D0a) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders. Work Change Directives, Field Orden and ENGLNEER's written interpretations and clarifications issued pursuant to paragraphs3.5, 3.6.1 and 3.6.3 cn or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6_27 and the reports and drawings referred to in paragraphs 4 "2.1 and 4.2.2 are not Contract Documents. 111. Conrrucl Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as sated in the Agreement (subject to the provisions of paragraph 11 91 in the case of Unit Price Work) 1.12. Cordrucl Times —The numbers of days a the darns sated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINFER's written recommendation of final payment in accordance with paragraph 14.13 1.11 CON7RACTOR-=The person, firm or corporation with whom OWNER has entered into the Agreement 114 defective —Art adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the. Contract Documers, or does not meet the requirements of any inspection, reference standard test or approval referred to to the Contract Documents, or has been damaged prior to ENGTNEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10) 1.15. Droxings--The drawings which show the scope, extent and character of the Work to he furnished and performed by CONTRACTOR and which have been prepared or approved by ENGL�4EER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined- 1 16, Effeck.Y Date of doer Agiventent—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it meats the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. Eh'GINF_ER—The person, firm or corporation named as such in the Agreement. 1.18. F— GATERS Co»salrud—A person first or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent profesiomal associate or consultant with respect to the Project amd who is identified as such in the Supplementary Conditions 119. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a charge in the Contract Rice or the Conti act Tunes. 120. General Requirements -Sections of Division 1 of the Specifications. 121 Hazardous Wavle -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, modes and orders of any and all governmental bodies, agencies. authorities and courts having jurisdiction. 1.22.b. Leal Hohdays-•shall be those holidays observed by the City of Fort Collins 123. Lens -Liens. charges, security interest or encumbrances upon real property or personal property 124. Ifilesrone- :A principal event specified in the Contract Documents re tong to an intermediate completion date or time prior to Substantial Completion of all the Work. L25 Aroiace oj.4ward-A written notice by OWNER to the apparent sucuessful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified OWNTER will sign and deliver the Agreement 1.2.6. Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to ENGLN'EER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTORS obligations under the Contract Documents, 127. OWNER -The public body or authority, corporation, assoeration, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1.28. 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 Completion of all the Work. 1.29. PCBs -Polychlorinated biphenyls. 1.30. Petrokurn-Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of tern at and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). such as oil, petroleum, fuel oil oil sludge. oil refuse, gasoline, k=sene and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project -The total construction of which the Work to be provided trader the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documems. 1.32 a. Radioactive dlatenal-Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJC)C GENERAL CONDITIONS 1910-8(1990 Mum) w/ CITY OF FORT COLD hS MODIFICATIONS (REV 42000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1 32.b. R"ar Workr iZ Hatay Regular working hots r arc defined as TOO= to 6:00= unless otherwise specified in the General Requirements 133- Resident Project Representative -The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples -Physical examples of materials• equipment. or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will tie judged 1.35. Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR a ai suhmated by CONTRACTOR to illustrate some potion 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 theretu. 1,37, Subcontractor -:Art individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site, 1.35. Substantial Completion -The Work (or a specified part thereoQ has progressed to the point where, in the opinion of ENGINEER as evidenced by M1 GINEER'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 ENGIIv-EER's written reournmenlation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 139. Supplementary Conditions -The pert of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier -A manufacture, fabricator, supplier, distributor, matermIman or veninr having a direct contract with CONTRACTOR or with anv Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 141 Underground Facilities -All pipelines, conduits, ducts, cables, wires, manholes. vaults taroks tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or City of Fort Collins Purchasing ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 8320: Asphalt Overlay OPENING DATE: 3:00 PM (Our Clock) June 3, 2016 Financial Services Purchasing Division 215 N. Mason St 2ntl Floor PO Box 580 Fort Collins. CO 80522 970.221.6775 970, 221, 6707 fcgov.com/Purchasing 1. Conflicting Bid Opening dates were provided in the Invitation to Bid documents. For clarification, the Bid Opening Date is June 3, 2016 at 3:00 PM. Please contact Elliot Dale. 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. 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 Work —Work to be paid for on the basis of unit prices. 1.43. Rork —The entire completed construction or the various separately identifiable _parts therecf required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and mcorpomt rig materials and equipment into the constrictim and performing or furnishing services and furnishing documents, all as required by the Contract Documents 1.44. Work Change Directive —A written directive to CONTRACTOR issued on or after the Effective Date of the Agreemcm and signed by OWNER and recommended by LNGINEER. ordrirng an addition, deletion or revision it the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in pamgmph4.2 or 4.3 or to anergencies ruder paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the dump directed or documented by a Work Change Directive will be imorpaated in a subsequently issued Change Order following negotiatiorts 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 Ainencknent—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 consruction-related aspects of the Contract Documents. ARTICLE 2—PRELIA WARY MATTERS Delivery of Bongs: 21 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bands as CONTRACTOR may be required to furnish in accordance with paragraph 5.1 Copies ofDocuments: 22 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 oust of reproduction. Conrmencament ofConDnd Timer, ,Vance to Proceed• 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EKDCOENERAL CotmlTIOM tvlo-s (1990 Edtim) w/ CITY OF FORT COMM MODIFICATIONS 01EV V2000) 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 with n thi ty days after the Effective Date of the Agreement. r., _ ..:it ,>,_ r,-,_.,w T•-.-.. Ii ef$id opertirtgor-the thirtieth day -aft three ofthre r4yee era; wh ehrrer earlic Scenting the Work: 2.4. CONTRACTOR shall start to perform the Work out the date when the Contract Times commence to rum but no Wok shall be dam at the site pia to the date on which the Contract Times commence to tun Before.Yarning Construction: 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 a written interpretation or clarification flan ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (nurnbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents: 2.6.2. a prelim irery schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 16.2.1, In no arse will a schedule be acceptable which allows less than 21 calendar days for each review by Eneineer. 2.6.3. A preliminary schedule of values for all of the Wort: which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started. CONTRACTOR aril OWE shall eaeh deliver to the other Owith copies to identified inA* lementafy Conditions ENGINEER certificates of insurance (and other evidence of insurance tested by OWNER which CONTRACfO —'e �."' estive4y are is required to purchase and maintain in accordance with paragraphs 5.4, SA -arc -547 1'reconsnverion Conference: 2.8. Within twenty days after the Contract Times start to non, but before any lVark at the site is started, a conference attended by CONTRACTOR ENGINEER and others as 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. Inftlafly Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents, Application for-Paynierit before any work at the site be¢ins a conferera attended by CONTRACTOR, ENGINEER and others as dysitnated by OWNER will be held to review ort�acrtability to ENGINEER as provided Wow the schedules submitted in accordance with paragraph 2.6. and Division 1 - General Rem�irements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules 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 arty specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGIITEER as to form and substance. ARTICLE 3-CONTRACT DOCUMENTS INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work The Contract Documents are complementary; what is called for by one is as binding 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 EJCDC GENERA(. CONDMOM 19104 (1990 Mw) wl CITY OF FORT COI.IJNS MODIFICATIONS Qt W 4n000) describe a functionally complete Project (or part thereof) to be constructed red in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred fron the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished 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 and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to SYandardr and Speeifrcnrions of Technical Societies,Reporting and Resohing Diterepandesc 3.3.1. Reference to standards, specifications, manuals or cocks of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specifiatton, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If 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 start" specification, manual or code or of 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 pamgaph3.5 or 3.6; provided however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error. ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have knownthereof. 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 vidicated in paragraph 3.5 or 3.6, the provisions of the Cormact Documents shall take precedence in resolving any conflict error, ambiguity or discrepancy between the provisions of the Contract Docurnems and: 3.3.3.1. the provisos of any such standard specification, manual, code or instruction (whether or not specifically incorporated by referents in the Contract Documents); or 3 3.3.1 the provisions of am' 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 arry such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER or any of their subcontractors, consukams, agents or employees from those set forth in the Conrad Documents, nor shall it be effective to assign to OWNER, ENGINEER or arty of ENGINEERs Consultants, agents or employees any duty or authority to supervise or direct the fern shing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or arty other provision of the Contract act Document. 3,4. Whenever in the Conrad 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 ENGINEIRR as to the Work, it is intruded that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirenetts 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 indicating otherwise) 'The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to mpery se or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Conrad Documents. Amen6ng and Supplenentueg Contact 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, 35.2. a Change Order (pursuant to paragraph 10.4), or 6R"DCOENRA . CONDMOM 1910-8 (1990 Edda) rr/ CITY OF FO0.T COW?6 MODIFICATIONS (REY 02000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 36 In additicm, the requirements of the Contract Documents may be supplemented. and mina 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 9.51 3.6.2. ENGTN Ms approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGDIEFlt's written imerpretation or clerif catm (pursuant to paragraph 9 4). Reuse ojDocumenes 3.7. CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or irtdued contact with OWNER (i) shall not have or acquire any title to or ownersht'p rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or the seal of ENGINEER or ENGINEER'S Consultant, (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verifiartian or adaptation by ENGINEER. ARTICLE 4-AVAILABUJrY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availabi&}• ojl ands: 4.1 01AWER shall furnnish. as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACT OR. , 6V WER _h_n ftelash i Gunn NG:F0 with a eemee xk- -k;. -7a>-lx+-�nrkarm�l-wed 's-]non agairtsFsueh—lands--in OWNER shall identify any encumbrances or restrictions not of general application 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 resuh of any delay in OWNER's fitmishing 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 and Physical Condtion , 42.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of 4.2.1.1. Subsurface Con&fions: Those reports of explorations and tests of subsurface conditions at or contigguuous to the site that have been unhzed by ENGNEER in preparing the Contract Documents; and 4.2.1.2. Physical Carditions. Those drawings of physical conditions in or relating to e:dsta g surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGRTEER in preparing the Contract Documents. 4 22- Limited Reliance by COMRACTOR Atdhorued' Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such repots and drawings are not Contract Documents. Such 'technical data" is idemified in the Supplementary Conditions. Except for such reliance on such 'technical data', CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.=A. the completeness of such repots and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, metlwcls, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4222. other data interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.223. any CONTRACTOR interpretation of or conclusion drawn from any 'technical data' or airy' such data, interpretations, opinions or information. 4.2.3. Nonce of Differing Substface or Physical Conditions: If CONTRACTOR believes that any Shsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 423.1. is of such a nature as to establish that any 'technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4,22 is materially inaccurate, or 4.23.2. is of such a nature as to require a change in the Contact Documents, or 4.2.3.3 differs materially from that shown or EJCDC CiMULU CONDITIONS 19105 (1990 Edition) w1 CITY OF FORT 00W 1 3 MOD[t1CAT10NS Qt N aR000) indicated in the CanlractDocuments, or 423.4. 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, pwrapily umme ately after becoming aware thereof and before further disturbing conditions affected thereby or performing arty Work in correction therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in wrung about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in cormection therewith (except as aforesaid) until receipt of written order to do so. 42.4. E GINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNIER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of EN'GINEER's findings and conclusions. 4.2.5. Possible Cantmct Documents Charge: If ENGINEER concludes that a change in the Contact Docum eats 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 reflect and document the consequences of such change. 4.2.6. Possible Price and 7bnes Ad reirnents.• An equitable adjustment in the Contact Price or in the Contract Tunes, 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 oC the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs4.2.3.1 through 4.2.3A, inclusive, 4.2.6.2, a change in the Contract Documents pursuant to paragraph 42.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment: 4.2.6.3. with respect to Work that is paid for on a Unit Rice Basis, any adjustment in Contact Price will be subject to the provisions of paragraphs 9.10 and 11.9. and 42.6.4. CONTRACTOR shall not be entitled to arty adjustment in the Contract Price or Times if, 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 42 6A ^ the existence of such condition could reasonably have been discovered or reveled as a result of any examinatiorn, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements cc Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 41_.64.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 42.3. If OW'.F,R and CONTRACTOR arc unable to agree on entitlement to or as to the amount or knot of any such equitable adjustmerit in the Contract Pnce or Contract Time; a claim may be made therefor as provided in Articles I I and 12. However, OWNER, ENGINEER and ENGNEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project 4.3. Physical Con4laons—Underground Facilities: 4.3.1. Shoats orindeared• The information and data shown or indicated in the Contract Documents with respect to existing Unndergroud Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by otters. Unless it is otherwise expressly provided in the Supplementary Conditions• 43.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data. and 4.3.1.2, The dross of all of the following will be included in the Contact Price and CONTRACTOR shall have full responsibility for (i) reviewing and checking all such information and data, (d) locating all Undergrourid Facilities showrn or indicated in the Contract uments,(iii) coordination of the Work with the owners of such Underground Facilities during cornstruccort and (iv) the safety and protection of all such Underground Facilities as provided in paragraph620 and repairing any damage thereto resulting from the Work. 4.3.2. Not .Shan; or Indicated: If an Underground Faciliry is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, preatpdy immediately after becoming aware thereof and before finder disturbing conditions affected thereby or Performing any Work in connection therewith (except in an emergency as required by laragraph 6 23), identify the owner of such Underground Facility and EX'DCO&`1ERAL CONDITIOM 1910-8 (1990 Edam) w/ CITY OF FORT OOLU M MODIFICATIONS ptEV 4.2000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the etcnt, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contact Documents is requirecL a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences During such time, CONTRACTOR shall be responsible for the safety and protect on of such Underground Facility as provided in paragraph620 CONTRACTOR "A may be allowed an increase in the Contact Price or an extension of the Contract Times, or both, to the extet that they are 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 reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Rice or Contract Tomes, CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12 However, OWNER, ENGNFER and ENGINEEks Consultants shall 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 PoWs. 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGNEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lest or destroyed or requires relocation because of necessary changes in grades or location% and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Ha edous Waste or Radioadne Material: 4.5.1 OWNER shall be responsible for any Asbesms, FCD% Ntrolcumn, Haardous 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 Documents to be within the scope of the Weak 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 such--n--a'a itr-cunt-9�Y?1£R-sHnll--prwnptl?' ezmnd:�v El^' c>arg-thr-rirctmatr &�r tt evakretc- Ww h GON7RAGT9R slibill rnat 8t1V-F hi T,elaied thewe and delivered to !`!1\T ♦ �i'nn 'Y3h RTI^ali tta'rae' C)fip@Gif Chet ouch- �r*tionandanya$ectedarmts-erhas-beam renderedse W specifying any spaial sondit;ons under whiohsuch GO1T R,TOR-aanttottiNeenent-tear r,._..a"11 Awe ... VAV . OR 18 be FeWAM4 either party may meke a-olrtim 2wrefor as -provided in CA scone sae"iA Domain rder -sash- pertwn -of the Work "t is in oemeation eonditierr-erin-sueheffeeted- area -io-be-dvk free the 11!4. if Q%;E/ 'DD and MTTD AC-:;Q l agree as to entitlement 4reF�of On leted 4.5.4. T-e the fullest hwinks5 G9?1' 7 A Subcexttnwters: —4gencs.--00er them-Grin-oral-agairnt-all- elaiae -east:,~ losses -and damagzs- arising-+cut--o€--or—rasuking-€rota-sucdn east; luny, of langible steludiAg--Ekefeess-ef�-fesaltutg-Uwrekmtr-and _ . +ire OWNER to inelamnify-any--parson-or�ntity-hcatn-and EJCDC OEMaM CONDITION81910.8 (1990 Editim) w/QTY OF FORT OOIiU 8 MODIRCATiONS(REV4r2000) ARTICLE S-BONDS AND INSURANCE Performance, Payment and OtherBondr. 5.1. CONTRACTOR shall furnish Perfomance and Payment Bonds, each in an amount at least equal to the Cor&act Price as security for the faithful performance and payment of all CONTRACTOR's obi am under the Contract Documents, These Bonds shad remain in effect at least until one year after the date when final payment becomes due, owept as provided otherwise byy Laws or RegWatons or by the Contract Ihxtnnents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the farm prescribed by the Contract Documents eecept as provided otherwise by Laws or Regulations and shall be crccuted by such sureties as are named in the current list of 'Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Remsuui Companies. as blushed in Chrcular570 (amended) by the Audit StaR'Bureau of Government Financial Operations, U.S. Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agenPs 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 is terminated in any state where any pan of the Project is located or it ceases to met the requirements of paragraph 5.1. CONTRACTOR shall within ten days thereafter substitute another Bond and surLty, both of which must be acceptable to OWNER 53. 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 CONTRACTOR shall be obtained from surety or insurance companies that are dub, licensed or audxxizcd in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and 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 O> nI paragraphs 5.6 and-S-7hereof C0N7R4CT0R'sLabiLW 1n=mxce: 5.4. CONTRACTOR Mall purchase and maintain such liability and other insurance: as is appropriate for the Work being performed and firrmslbd and as will provide protection from claims set forth below which may arise out of or result from CONTRACCOR's performance and furnishing of the Work and CONTRACTORrs other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Wait, or by anyone for whose acts any of them may be liable- 5.4.1. claims under workers compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodiy injury, occupational sickness or disease, or th of CONTRACTOR's employees, 5.4.3. claims for damages because of bodily injury, sickness or disuse, or death of arty person other than CONTR4CTOR'3 employees; st�raetly-�related�ethe emp{ey neni-of Srnckr Pesswtby` . <xateFperson-ferry other ffeasert 5.4.5. claims for damages, other than to the Work itxX because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom: 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' S 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 a Iusion in respect of professional liabilityry), OWNER, ENGINEER, ENGINEER's Conutltants 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 additional mnureds: 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, 54.9. include completed operations insurance: E rW GENERAL CONDITIONS 1910-8 (1990 Edtim) we CITY OF FORT COLLINS MODIFICATIONS (REV 4,7000) 5 4.10_ include contractual liability insurance covering CO_NTRACTOR's indemnity obligations under partgraphs 612, 6.16 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 oiler additional insured identified in the Supplementary Conditions to wham a ortifwate of insurance has been issued (and the certifica n of insunmoe furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at leas[ until final payment and at all times therafta when CONTRACTOR may be correcting, removing or replacing defective Wait in accordance with paragraph 13 12; and 5.4_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 a8er final payment (and CONTRACTOR shall furnish OWNER and udn other additional instued identified in the Supplementary Conditions to wham a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at foal payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option may purchase and maintain at OWNER's expense OWNEWs own liability itrnuance as will protect OWNER against claims which may arise from operations wider the Contract Documents. Property Insurance: n..�J:.:...... rnxnso shall p ,•d�aa&wi e, an he Werk at the site in the amatm oo€-� j-a ice s}uih a.�—M the FI- 3-4-1 :__In,o...eonA she —u rhre.r'ls��Hli'?i�R; txtitae�idanti€er€err-Hae�+uT'i+lamentary--C<uafe�xts; each of whim-iy-deemed-t<r hare-»rrinvinal>k-iMrrzst aA44i UFhe hsled ati 0n msurwlcr-addttN is &Ured; 5.6.2. be—'.rrtiir<ry -knell the telkw•trig- -pants -fire, ltg4t",--extended t:o,€ removal—�emelitiett RQUOR-a..ad L.. �.C,....�..,.,.,r „C t ....�.. __4 D—l.,r'.,.... c LTo J-_:ziR dt r:.rtpemtin dhe repmMr all tlFl7hliWvr er-atftnether kl nim that was ffiv i 11 0-ir, xrrttmg by provided -that ,1wkraatemk-andequi(+tru+trt-have-teen by E iCs�-and c <�;II ea�{layment is 1rmh--other 4dchnmml ai5lled. 5..7 8R''i•,'l;R shall- pure�+�nel matNum 5wh butler as may be teQttif�d by-tHr-Sapplamaitary Fextditi�ns�e aAd9ny-a411EF-peFSBFYreF-ent}EI65 is deeme4 to-' a an-Hi9lHabli-tnF0FC5t 9nd-9half %-ft9tt'%i-89 5.9. OWNER shall not be respmsible for purchasing and mainmmmg any property insurance to protect the uteaests of CONTRACTOR, Subcontractors or others in talent, in Gontktom. The riska cook,-4- and -t(-any-et--tl+rm-iwrJt-pr�lpenv mtiunlrlcr eaverage my. each may -s-swrter'penw. EJCDCOENFR& CONDITIONS 1910.8 (IM FAtiaO 10 ac/ CITY OF FORT COLLINS MODIFICATIONS (REV 4200D) Su ummedi or addlwnaI insureds in st+dr-pelieies-and damagesfstcseA-br-the perils severed thereby. All in the event -of -payment of any loss or damage the i}te—HL4li17Ei5--0F 1--RStlFOr'-F�IQCIuiEiGF dlrestets;-{ayes-atd-for all losses and any -of -the 7ls covered suoh-pohmes and any in --addition, Svetvrydl-9rzh -rights--+tgntn�. rlabeert M6FeFx ET.t^ BIG P.,9 C,onsaluuNs-and all otlxr txentitiesidw&ified 1(1951v and••d8mage5-iB-60USB�- I'a{le above making 9neh watVer - the-pfeaeeds -of paya ey Be ........ M7 -to �ckwther�r�44M+ured-by4QUW15Rt4010 YA l I N�• N. A N� • iz • _ W _ . I fili+lili141lyli�::: Receipt andApp&ention of Insurance Procredc 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 thew 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 roved. and shall 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 be repaired or replaced the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in within fifteen days after the occurrence of loss to OWNEWs exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached OWNER as fiduciary shall adjust and scale the less with the insurers a�^t"*gin der —shelf pie bond- fcx—ti+e Acceptance of Bonds and Insxmnce Option to Replace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the Bea4s err insurance required to be purchased and maintained by the Mier wqy CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, tke 11"th 0 NFR will t14tj(y CONTRACTOR in writing within tan f1�p days after fcee" deliverof the certificates (�r irknae requested) to OWNER as required by paragraph 2.7. e i;<Ie'+tkd-as-the-otk+eFmwy--r.�ixw r�gwca:—lt-wither party- does 'trek -pm ci once nr- maintain -all ef-the-Bo 6-arid insurance- —required —of—swh parry—tv--dx�rtkract writing of-su It Iiid re-tepumha,e-pftou-ke4he-stan 4the a.L. rLe othff pa ma�ales to obtain aguyyy $ertdsa-v>sce-�x's'r"i nsat tile-w4"M ef4itapaRy-whhl}wasregt+and to pfoAde-:uch MA Partial UdUzation—Property Insurance: 5.15, If OW:N'ER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EXDcaENEtAr,CONNTIOM 1910-9 (1990 Edam) W CITY OF FORT COMM MODIFICATIONS OLEV 42000) Completion of all the Work such use or occupancy may be accomplished in accordance with paragraph 14,1(k pprrovided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any chon ges 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—CONTRACTOR'S Supendaon and Superintendence: 6.1, CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attem cri thereto and applying such skills and expertise as may be 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 be responsible 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 Documents 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 ad on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor, Maleriais and Equipment: 63 CONTRACTOR shall provide competent, suitably qualified persomel to survey, lay out and construct the Work as required by the Contract Documents CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required 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 WNTRA(7TOR will not permit overtime work or the performance of Work on Saturday, Sunday o any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the 13hIGIt lEER no less than 48 ham in advance of any Work to be performed an Saturday. Sunday, Holidays or outside the Regular Working Hours 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power. light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing start-up and completion of the Work. ¢.4.1. Pnrah9mg Restrictions. CONTRACTOR must canply with the City's purchasing [estrictions. A coat of the resolutions are available for review in the offices of the Purchasing arid Risk _:v_farm_ _gement Division or the Citv Clerk's office. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 reauaes that suvaiiers and Producers of cement or pro ducts coraain ng cement m certifythat the oement was not 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 Docaments All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER If 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 conditioned in accordance with otstructi finis of the applicable Supplier, except as otherwise provided inthe Contract Documents. Prog ecrSckedrle 6.6. CONTRACTOR shell adhere to the pmgre_cs schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as prow ided below: 6.6.1. CONTRACTOR shall submit to ENUINEER for acceptance (to the extent indicated in paragraph2.9) proposed adjustments in the progress schedule that will not charge 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 charge the Contract Times (or Milestones) shall be submitted in accordance with 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. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or desexrbed in die 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- Lkiless the specification or description EJCDCOEMRAL CONDIMOM 1910-8 (1990 EAitim) 12 ww QTY OF FORTCOWM4 MODIFICATIOT-S(REV42000) contains or is followed by words reading that no lilx, 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: 6.71.1. 'Vr-Equal" If in ENGIN-E6R's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to did named and sufficiently similar so that no change in related Work will be required it may be consdered by ENGINEER as an "or l" item, in which case review and approval of the proposed item may, in ENGINEER'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 does not qualify as an "or -equal" item under subparagraph 6.71.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sut{cwnt information as provided below to allaw ENGINEER to determine 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 General Requirements and as ENGINEER may decide is appropriate alder the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGLT,'EER from anyone other than CONTRACTOR If CONTRACTOR wishL-, to furnish 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 perform 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 CONTRACTOR's achievement of Substantial Completion an time, whether or not acceptance of the substitute for use in the Work will require a charge 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. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly &= acceptance of such substitute, including costs of redesign and claims of other contractors affected CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-7 00300 Bid Form 00300-1 - 00300-4 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-3 00420 Statements of Bidders Qualifications 00420-1 - 00420-7 00430 Schedule of Major Subcontractors 00430-1 'i•].r1i:7_L�i�Z�Z�i�Jul`.i�� 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-1 00520 Agreement 00520-1 - 00520-5 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 - 00700-54 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 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS DUST PREVENTION AND CONTROL MANUAL EROSION CONTROL AND INLET PROTECTION by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may rcgt�re CONTRACTOR to furnsh additional data shout the proposed substitute 6.7.13. COMRACTOR's Expenre: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. SubsbWe Construction Methods or Procedures: If a q=ific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may famish or utilize a substitute meatus, method, technique. sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINE ER, in ENGINEER's sale discretion, to determine that the substitute proposed is equivalent to that expressly celled for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1-2 6.73. Engineer's Evahearion: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "Or -equal. or substitute will be ordered, installed or utilized without ENGIN'EER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop thawing. OWNER may require CONTRACTOR to runtish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and LNGINEER's Cortsultvts in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.11. 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 ENGINEERS Consultants for evaluating each such proposal substitute item. 6.8. Concerning Sukew actors, Suppliers and Viers: 6XI CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (indudmg 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 person or organization to furnish a perform arry of the Work against whom CONTRACTOR has reasonable objection EJCDC GENEK& CONDITIOM 1910-8 (1990 Edtim) w/ CITY OF FORT COLUNS MODIFICATIONS nN 412000) 6.9. CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is without sulxxrma .The 20 scent ement shell on to refer N he Wor the value of which totals not less than 20 ==t of the Cattrad Price 6.8.2. Bid Documents require the ideuity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to famish the principal items of materials or equipment) to be submitted to OWNER date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, --and- if rnk9PdkGrnn had _.hM.,._d _ It* a.___c _ accordertee--witlrthe Supplementary C ti OWNER's or ENGINEER's acceptance (einccr in writing or by failing to make wTinen objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any su�raetor,-Stapplier OF other pa be Feveleed on th basis of-reoisorrable�bjeotiena{ier--tuts investigation, JSNGINFtLR. No acceptance pY OWNrsrc Orr ENGINEER of any such Subcontractor. Supplier or other person a organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 69.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all ads and omissions of the Subcontractors, Suppliers and other persons and organimions performing or famishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is respo Liwbk for CONTRACTOR's own acts and a sismors. Nothing in the Contract Documents shall create for the bertefrt of any such Subcontractor. Supplier or other person or organization any corructual rclatiorship between OWNER or ENGINEER and any such Subcontractor, Supplier or Other person or Organization. net shall it create any obligation on the pan of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER a GINE%ma furnish to am• subcontractor. supplier or other perstm or tion evidence of amowa paid to CONTRACTOR in accordance with CONTRACTOR'S "Aoolicatio s for Payment". 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling acid coordinating the Work of Subcontractors. Suppliers and other persons and organimtions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subeonttactcrs, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and saYiors of the Specifications and the identifications of arty 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 performed for CON -TRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. VAwneverany-such-egraemanf additienal ireurcd on-ihr- epeny—inw,fanerIrevided--in liar: %41 ..'FZ�`r-t�rtsultams--end a4 eiw arising out of atiesulengfrcvt* eny-af she -perils=" the tr-..a. If the :_.. ,--any_sueirpoFiai Feyuwe Patent fees and Royntties• 6.12. CONTRACTOR shall pay all license fees and royalties and assume all cons 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, props, product or device is specified in the Contract Documents for use m the performance of the Work and if to the actual knowledge of OWNER or ENGLNEER its use is subject to patent rights or copyrights callvg for the payment of arty license fee or royalty to other, the exsstence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations. CONTRACTOR shall indemnify and hold harmless OWNER, ENGLNHEF, ENGINEER's Consultants and the officers, directors, emplovees, agents and other consultants of each and any of then from and against all claims casts, losses and damages arising out of or resulting fiom any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, {pp�rrocess, product or device not specified in the Contract Docwaets EICDCOENEEAL CONDITIOM 19108 (1990 E(1tioi) 14 w/CITYOFFORTC)OWMMODIRCAnOMOtEN42000) Permits 6.13. Unless otherwise provided m the Supplementary Conditions, CONTRACTOR shall obtain aid 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 Work, 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. 6.14. LawsandReguladans: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONIRACTOR's compliance with any Laws or Regulations. 6.14 If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulanars, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACIOR's primary responsibility to make certain that the Specifications and Drawings are n accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations untie paragraph 3.3.2. Tara 6.15. CONTRACTOR shall pay all salm 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 exempt from Colorado State and local sales and use taxes on materials to be yermapently inncoroon sted into the project. Said taxes shall not be included in the Contract Price. Address: Colorado Department of Revenue State Capital Armcx 1375 Sherman Street Deriver, Colorado, 80261 Salts and Use Taxes for the State of Colorado Reaianal Trattmirtation District (RTD) and certain Colorado counties are collected by the State of Colorado and ate included in the Ceru5cation of Exemption. All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and building materials physically inoottxuated into the protect are to be paid by CONTRACTOR and are to 6Included in approor1 bid items Use ofPnrniser• 616. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contact Documents and other lard and areas permitted by Laws and Regulations, rights -of -way. permits and casements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assaume full responsibility for arty damage to any such land or area, or to the owner or occupant thereof or of any 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 date resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, mdernmfy and hold harmless OWNER, ENGINEERZ FNGINEER'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, brougln by any such owner or occupant against OWNER ENGIINIEER or any other party i ndemni5ed hereunder to the intent 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, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupant' by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of arry structure to be loaded in any manner that will endmiger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: E)CDC OENF1i.4L CONI)MO B 1910-8 (1990 Edam) w/ CITY OF FORT COLLIM MODIFICATIONS (REV 412000) 6.19, CONTRACTOR shall maintain m a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written in[uFeetations and clarifications (issued pursuant to p aragnaph 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 forroference. Upon completion of the Work, and prior to release of final payment, these record documertA Samples and Shop Drawings will be delivered to ENGINEER far OWNER. Safety and Proeeedon: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in correction with the Work. CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: 620.1. all persons on the Work site or who may be affected by the Work: 6.20.2, 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 hiving jurisdiction for satety of persons or property or to protect them from damage, injury or lass; and shall erect and maintain all necessary safeguards for such safety and protection CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage injury or loss to any property referred to in paragraphs 620.2 or 6.203 caused. directly or indirectly. in whole or in part, by CONTRACTOR any Subcontractor, Supplier or any otter person or organization directly or indirectly employed by any of them to perform or furnish arry of the Work or anyone fa whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specificatiors or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by arry of them or anyone for whose acts any of thern may 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 Canplenon) 6.21. Sajery Represenwdve: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communimtion Programs. 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws 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 ENGLNEER prompt written notice if CONTRACTOR believes that any significant flanges 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 Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified m the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and egtupnent CONTRACTOR proposes to provide and to enable FNGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGL\I= 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 nunbers and the use for which intended and otherwise as LNGINEER may require to enable ENGINEER to review the submittal for the limited EICDCGENERAL CONDITION51910-s (1990 edam) 16 wrCITY OFFORT C-O [.tN%MODIFICATIONS tt N 2000) purposes required by paragsph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submifml 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 6.251.3. all information relative to CONTRACTOR's sole responsibilities in respect of meats, 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. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACPOR's review and approval of that submittal 6.253. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing 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 additim• 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 Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as requited by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Cormact Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's 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 incidertt 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 submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections culled for by ENGINEER on previous submittals 6.27. ENGINEFR's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for arry variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEERS attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of pemgraph 6.25.1 6.28. Where a Shop Drawing or Samples 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 ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR Conftuing the Work. 6.29 CONTRACTOR shall cart} 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 wnti%. 63(k CONMCTOR's General WY aruy and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGAIEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder etchdes defects or damage caused by. 630.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR Subcontractors or Suppliers, or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. 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 VCDC OEHMPI CONDITIOM 1910.8 (1990 E3tim) w/ QTY OF FORT COLIA M MODIFICATIONS QtEy 620W) accordance with the Contract Documents or a release of COiv'TRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER: 630.2.2. recommendation of any progress or final payment by ENGINL3 - 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Doarments; 6.30.2.4 use or occupancy of the Work or any part thereof by OWNER; 6.30.2.3. any acceptance by OWNER or any failure to do so. 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 1413; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER Indemnification: 631. To the fullest extent permitted by Laws and Regulations. CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER ENGIN'EERs Consultants and the offices, 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 arbitration or other dispute resolution casts) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage. (i) is attributable to bodily ittjury, 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 (u) is caused in whole or in part by any negligent act or anission 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 Wok 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 personal representative of such employee) of CONTRACTOR, any Subcontractor. any Supplier. any person or orpmation directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under pwagraph6.31 shall not be limited in any way by arty limntation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organtiation unxler worked compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification ob titans of CONTRACTOR under paragraph 631 shall "not extend to the liability of ENGNEFR and ENGLNEER's Consultants. officers, directors employees or agents caused by the professional negligence, errors or tam issions of any of them. Siuvivnf ofObligadons 6.34. All rapn=ntatiom, indemnifications, warranties and guarantees made in6 required by or given in accordance with the Contract Documents, as well as all contiriwng obligations indicated in the Contract Documents. will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--OTffiIi WORK Related Wont at Sire' 7.1. OWNER may perform other work related to the project at the site by OWNER'S own faces, 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 performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (u) CONTRACTOR may make a claim therefor as provided in Articles 1 I and 12 if CONTRACTOR believes that such perfomnance will involve additional expense to CONTRACTOR or requires additional time and the parties arc unable to agree as to the amount or extent thereof T1 CONTRACTOR shall afford each other contractor who is a patty to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall �soperly connect and coordinate the Work with theirs iJnic� otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts cone together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, ccavating 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 be affected. The duties aid responsibilities of CONTRACTOR tinder this paragraph are for the benefit of such utility owners and ether contractors to the extent that there are comparable EJCDC GENERAL CONDIT10 1S 1910-9 (1990 Edition) 18 m! CITY OF FORT COLLINN MODIFICATIONS tIt N 4rr000) provisions for the benefit of CONTRACTOR in said direct contacts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTORS Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEII2 in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coorsnation: 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 Conditionts 74.1. 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 itemised; and 7.4.3. 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 RE"NSIs;EUTIF c 8.1, Except as otherwise provided in these General Carditiotts, OWNER shall issue all communications to CONTRACTOR through ENGNEII2. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an erg me whose status under the Contract Documents shall be that of the former ENGTNEER. 83. OWNER shall famish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due aspmvided in paragraphs 14.4 and 14.13. 8.4. OWNER's ditties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs4.1 and 4.4. Pamgraph42 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 structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Iocumuents. fort)vi-perarephs-S-SthratgltA40- 8 6. OWNER is obligated to execute C,'hange Orders as indicated in paragraph 10.4. 87. OAN''ER's responsibility in respect of certain inspections. tests and approvals is set forth in paragraph 13.4. 88 In cc rmwncxi with OWNER's right to stop Work or suspend Work, see par hs 13.10 and 15.1. Paragraph 15.2 deals with OM's right to termiratc services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority aver, nor be responsible for, CONTRACfOWs means, methods, techniques, sequences or procedures of construction or the safety precautians and programs incident t thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Cartract Documents 940— 844k617'safespeet-e"Ybdtsekased Radlt�setiVCi'dfaterl8�_ ..__....erect .._ revealedfit- the -site-is laeas-set 4'orttr-es the S�tE,cry-fottdituE>ns ARTICLE 9—ENGINEERS STATUS DURING COINWMUCTTO.N 007VER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period The duties and responsibilities and the limitations 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 Kilns to sic: 9.1 ENGINEER will make visits to the site at intervals GMto the various stages of construction as deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC OEIaRAL CObOlnON 1910-8 (lM Etibm) a/ (I TY OF FORT COLD his MODIFICATIONS (REV 417000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based an information obtained during such visits and observations, F,NGTNF,ER will endeavor for the benefit of OWNER to dcterinke, in general, if the Work is proceeding 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 ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGLNEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGRTEER's visits and on -site observations arc subject to all the limitations on ENGIN'EERs authority and responsibility set forth in paragraph 913, and particularly, but without limitation during or as a result of ENGINEERs on -site visits or observations of CONTRACPOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOWs means, methods, techniques, sequenccs or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws arui Regulations applicable to the famish nng or performance of the Work. Projeer Reprerentaive: 9.3, If OWNER and ENGINEER agree, ENGINEER will firnish a Resident Project Representative to assist ENGINEER in providing more cominuoas 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 913 anil in the Suppieme Cendetiens of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not E 7GINEERs Corsultam, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as 9.3.1. The Representatives deatirgs in matters pertaining to the orr-site work will in�eneral be with the ENGINEER and CONTRACTOR But the Representative will keep the OWNER ,VMrly advised about such matters. The Representatives dealings with suhcontractars will orily be through err with the full knowledge and approval of the CONTRACTOR 9.3.2. Duties and Responsibilities. Representative will: 9,3 2.1 Schedules - Review the progress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the 2gGINfi6R corramm¢ acceptability. 9.3,11 Cmferemcs and Mccu u - Att meeting with the CONTRACTOR such as precgrrstrnaction conferences, prowess meetings m other lob caderams and prepare and circulate copies of minutes of meetings, 93.23. Liaison 932.3.1. Serve as ENGINEERS liaison with CONTRACTOR. wo&= ptipcm % ahCONTRACTORS mrnm t e CONTRACOR dintgo the Contract Docmnorm. 9.3.2.3.2. Assist in obtlm from OWNER additimml details m infarmatiorL_when required for oro= execution of the Work 9.3.2.3.3. Advise the ENGINEE2 and CONTRACTOR of the commencanent of any Work uequatr . a Shop Dtawtr g or maple submission i me submission has not been approved by the ENGINEER. 9.3.2.4.Review of Work. Rejection of Defective Wok, Irroections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in psgpiess to assist the ENGINEER in determining, that the Work is procwdinjz in accordance with the Contract Documents. 9.3.14.3. Accompany visiting "=cctors reQresenting public or other asencies have* Lurisdiction over the Protect_ record the results ofNGINEthese irspeIIt ctiom and report to the E 9.32.5. Interpretation of Contract Documents. Report to ENGINEER when elanficatims and intemretations of the Contract Documents are needed and ttar=t to CONTRACTOR clarification and interpretation of the Contract Doamervs as mod by the lUM—liidaA 9.3.2.6. Modifications. Comder and evaluate CONTRACTOR'S mmesuoos for EMX GEMRAL CONDITIONS 1910-8(1990 EditioW WI CITY OF FORT COM NS MODIFICATIONS ftN 412000) modificauon in Drawym or Soecifications and report these recommendations to ENGINEER, tonccaante to CONTRACTOR t—m et FNGINF.ER_ 9.3.2.7. Records. 9.3.2 8. Reports. 9.3.2.8.1. Furnish ENGZUM per& reports as required of the_prof the Work and of the CONTRACTOR'S compliance with the t+mcg schedule and soh o of slap Drawing and samol �+4milt�ls. 9.3.2.8.2, Come@ with ENGINEER in advance of scheduling_ maim testL inspections or start of imoortant phases of the Work. 93.2.8.3. Draft Charge Orders and Wcrk Directrve t]aram obtain ng iq7 material from the CONTRACTOR end reeommetad to the Chime Orders Work Directive Changes and field orders 9.3.2.8.4, Report immediately to ENGINEER and OWNFR the ocaarence of any accidem. 9.3.2.9. Romem Requests. Review applications for vmem with CONTR_ ACTOR for comphimot with the established Procedure for their submission and forward with recommendation to ENGINUiR. notine particularly the relationslu of the payment requested to the schedule of values, work completed and materials and emu. ent delivered at the site but not incandsrnd in the ff-1 q 9.3.2.10. Completion. 93.2.10.1. Before ENGZEER issues a Catificate of Substantial Completion submit to CONTRACTOR a ILA of observed items reauui ina correction or cornpletion. 9.3.2.10.2. Conduct final uspection in the company of the ENGINEER. OWNER and CONTRACTOR and prepare a firnal list of items to be oarrected or completed. 9.3.2.10.3. Observe that all items on the final ILI have boon careered or cam lened and make raommendatiass to ENGINEER canceminst acceptance 9.3.3- Limitation of Authority- The Representative shall not: 9.33.1. .Authorize any deviations from the Coact Documents or accent any substiturte materials or epuipment, unless authorized by the ENGINEER 93.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Docvzxims. 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR Subcontractors or CONTRACTOR'S suoerirtendent 9.3.3.4. Advise on or issuer directions relative to, or assume control wen an�espect of the means, methods, techniques sequences or procedures for construction unless such is specifically called for in the Comrect Documents. 9.3.3.5. Advise on or issue directions precautions and programs in connections with the Work 9.33.6. Accept Shop Drawings or sample submittals from anvone other dram the CONTRACTOR 9.3.3.7. Authorize OWNER to occupy the Work in whole or in oat. 9.3.3.8. Participate in specialized field or laboratory teals or inspections cmdtrcted by others ._. as spe<-ificalh• and rind_ by__ ; ENGD,E R. Clarificarioms andlnterpretatioes: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the 6KDCOEMRAL CONUTIOM 1910-8 (1990 E3ti00) m/ 0 TY 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 i)ocumems. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written claification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or e;aent thereof if any. OWNER or CONTRACTOR may make a written claim therefor as provided in Article I 1 or Article 12. Authated Voiadons in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Cmhact Documents which do not involve an a4ustmera in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a fi noucr ung whole as indicated b) the Contract Documents. These may be accomplished by a Field Order and will be binding an OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an 4usRnent in the Contract Price or the Contract Times and the parties are unable to agree as to the amouret or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work 9.6- ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGLNEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Document ENGINEER will also have authority to require special inspection or testing of the Work es provided in paragraph 139, whether or not the Work is fabricated, installed or completed Shop Drmvingx Change Orders and Payments 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paagraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEFR's authority as to Change Orders, see Articles 10, 11, and 12. 99. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Detawanationsfer Unit Prices 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Wait performed by CONTRACTOR. R40INEERR 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). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR unless, within ten days after the date of arty• such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and (i) an appeal fran 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 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 &IGINM's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject W the procedures of paragraph 9.11. Decidonson Disputer 911. 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 matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and tarnishing of the Work and claims ruder Articles 11 and 12 in respect of d�8es in the Contract Price or Contract Times will be refene l 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) after the start of the occurrence or event giving rise theme. 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 accurate data in support of such claim. dispute or other matter. The opposing parry shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last sulunittal (unless ENGINEER allows additicsarl time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposig parry's submittal, if any, in accordance with this paragraph ENGI]N=s written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (t) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the pp[[oadures set forth in EXHIBIT GC -A, "Dispute Resolution Agreemmene. entered into between OWNER and CONTRACTOR pursuant to Article 16. or (it) if no such Dispute Resolution Agreernemt has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to 04GENM within thaty days after the date of such decision and a formal rroeeed rig is instituted by the appealing Icy 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 EJCDCGENERALCOND(TIONS 191M (199012ditim) �� w/CITY OF FORT COLUM MODIFICATIONSMEV42000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9 12 When functioning as interpreter and judge under paregraphs9.10 and 9.11. ENGINEER. will not show ppaartrtmaality to OWNER or CONTRACTOR and will not be hable in connection with any interpretation or decision rendered in good faith in 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 (except 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 taller the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant toluade 16, 9.13. LimUations on ENG IMs Artthority and RespondbfB ia- 9,13.1. Neither ENGLNEER's authority or responsibility ruder this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or respumbUity or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, 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 CONTRACTOR 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 am or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or famishing any of the Work. 9.13.4. ENGINEER's review of the furl Application for Paymcrt and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Boras and certificates of inspection, tern and approvals and 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 vispectiors, tests and approvals that the results certified indicate compliance with, the Contact Documents. 9.13 5 The limitations upon authority and