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389648 A-1 CHIPSEAL CO - CONTRACT - BID - 8522 ASPHALT SURFACE TREATMENT PROJECT (2)
City of Fort Collins Purchasing SPECIFICATIONS F.11 k Financial Services Purchasing, Division 21S N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgor.com purchasing CONTRACT DOCUMENTS FOR ASPHALT SURFACE TREATMENT PROJECT BID NO. 8522 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS MAY 3, 2017 - 3:00 P.M. (OUR CLOCK) • 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. eAw.r����",o..-_ a*,.o,-,'^ ism-Artcl--ma}iaeus--misshia� ' and'RCgtdat KlnS "specifica4yieqNlfw-v7 -vc -trlealr u�ruivZGpBt7--9I o fY ..,. J Zvi-o.�•lgtlM6S—BAI� ZZdtA-ttt M = @�kand Oq?AipWeFK have been �2n4i2¢OttlRten�ed by.&TiE ;RHR:; and 5.7. -bailer BW�vvi} sire}) purchase -maintain such-lr Laws mrA Regulations wlitieh will . til�EtC�TOt (a;W;ED CPWTD AC�TQF �PI6&3b$R's-Consultetus-etxl any-otheFparser�setentities id.#tfied in tha-5upplamentare-Gondttions. each et�v# ern isdeemed te-hayrsft4ns� e- listed -as en -mg -wed -err-additi� +v°.�'}tlae�kieiese€-atsttrertac{endihe-oertifioe tes-or maintained -byn Rin-aG6WElanef ii9tll-pFHBR�fap}i5 S6 £BVerege- 5lleftiCd I'll: -ally has been given w--OWNER- turd 1.1.410FIR A- -has-been-tsstted- and-%�tll eantaim pmagiaph-ri T 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR Subcontractors or others to the WoFIE to the e?aent of We "ditiams The risk los&wit3 Sdeh iderfEd�<kd�lvr mime by M�q aer-<4hars snftaring any Set s rre �ensa. E)CDC OENFRAL CONDITIONS 1910.8 (1990 Emtim) 10 WCITY OFFORT COLLINS MODIFICATTONS(REV 4/2000) . .. . • 4 Y. OmJVvli{I ($: ,•' R;rLERP;B&& ENGWED[Dci 11 Sttf}t- the a eet-that in- y-loss -or- Iamugt-the insurers. will Have-tto Aghts ep recovery a inst any of the itsure of OIA�NER and CONTRACTOR weive all -rights directors: -employes tacti-events-for-a}}-losszs-<tn�1 h peliuies and a ly in . dVt��attt tm�zJ�D2VVu-�vm.G 7DtWa-EER's A t f in-V IC���:H]],,1�iV12TlO�EX7� lfj$:a$-a1N-t oges'-'so c u l waivers -shall e maltrgl--suer-ive' etsu µ: Y .... n. n. ...M R- o€--useraF�Nher-Gers�-lass-etc[e Aft Any ........... Itsurenee-Policy-meinta peree ph 5.1? ?-561- irrgr�isias toike elTcet4hat '��o �arf ich Receipt and Applicadon of Insurance Proceeds. 5.12. Any insured loss tinder the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their Interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13 OWNER shall deposit in a separate account any money so received and 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 Amendm es. 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 writing within fifteen days after the occurrence of loss to OWNER's 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 settle the loss with the insurers arA. :f __....:_� :_ settle the A. _ giv prop W-Wf0rmeRcee(sush-duEias. Acceptance of Bonds and Insurance; Option to Replace: 5.14. If OWNER has any objection to the cover afTorded by or other provisions of the Bonds -or insurance required to be purchased and maintained by the CONTRACTOR in accordance with Article 5 on the of non-conformance with the Contract Documents, the 7- er party OWNER will notify CONTRACTOR in wnuMrgg within ten fifteen days after feeeo delivery of the certificates fen �v+dentee rem to OWNER as required by paragraph 2.7. G::'NER __4 r•r�Ar11-10_ ftl _-rFdtwitk-to-the ..ably Faquesif _:de does not Pttf&Lf15e er maliftel 09 of the Bemis at FW Documents, Sltl-ch-party-shell-notify-theme--perry-in PROF to the stan of the �verl�er�drfailurafio-ntaiRwitt�ricr�o enyiet the-requiredfkwerflg@-1E1101IFj3F8}UdiEO-t(-}RRF other -right OF feffi@d)', 0WethaFper"1uy-ele01-k1 oluainrqutvefaH the --,- re44c prcwide such sEwarago. and a Changes 9rdar3helllkrisalad to -adjust thee Gent, I Partial Ud&z"on-ProperV Insurance: 5.15. If OWNER finds it necessary to occupy or use a potion or portions of the Work prior to Substantial EJCDC GENERAL CONDITIONS 1910$ (1990 Edam) WICITY OF FORT COLLINS MODIFICATIONS (REV 412000) Completion of all the Work, sttch use or occupancy may be accomplished in accordance with paragraph 14.10, provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the propertq 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 RESPONSIBILITIES Supendsion and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may 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 require] 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 shell not be replaced without written notice to OWNER. and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor, nlataials and Equipment: 6.3. CONTRACTOR shall provide completes, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good disci line 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 CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no less than 49 hours in advance of aM Work to be performed on Saturday. Sunday, Holidays or outside the Regular Working Hours. 11 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall fiarlish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, tem ary facilities and all other facilities and incidentals necessary for the furnishing. performance, testing, startup and completion of the Work. 6.4.1. Purchasimr Restrictions: CONTRACTOR must comply with the Ci s w restrictions. A exty of the resolutions are available or review in the omces of the P rchasma and Risk Nbaaa� Division or the City Clerk's office. 6.4.2. Cement Restrictiors: 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 bum hazardous waste as a fuel. 63. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall acpressly non to the benefit of OWNER If required by ENGINEER CONTRACTOR shall fumish 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 instructions of the applicable Supplier. except as otherwise provided in the Contract Docwnents. Proaras Sched de- 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph29) proposed adjustments in the progress schedule that will not change the Contract Tunes (or Nlestones). 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. Alienever an kern of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is mtended to establish the type, function and quality required. Unless the specification or description E)CDC OUNE KAL CONDIMONS 1910.8 (1990Ec itim) 12 w/ CITY OF FORT COWNS MODIFICATIONS (REV 412000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is pennitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. "Or -Equal" If in ENGINEERs sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion be accomplished without compliance with some or all of the requirements for acceptance of proposed substinne items. 6.7.1.2. Substitute Items: If in FNGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not quahfy as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to 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 under the circumstances Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, cer*ing 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 on time, whetter or not acceptance of the Substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. 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 ter indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting charge, all of which will be CONTRACTOR shall perform nor less than 20 considered by ENGINEER in evaluating the trercent of the Work with its own forces (that is proposed substitute. ENGINEER may re Uffe without subcontract The 20 percent requirement CONTRACTOR to tumish additional data about shall be understood to refer to the Wok the value of the proposed substitute. which totals not less than 20 percent of the Contract Price, 6.7.1.3. CONMICTOR's : All data to be provided by CONTRACT support of any 6.8.2. if the Panditions giddm proposed "or -equal' or substitute item will be at Documents require the identity of certain CONTRACTOR'sexpese. Subcontractors, suppliers or other persons or organizations (including those who are to furnish the 6.7.2 Subitrute Consuvcvon Methods or principal items of materials or equipment) to be Procedures: If a ssppeecific meats, mchod technique, sequence or is submitted to OWNER ' date procedure of construction shown or prior to the Effective Date of the Agreement for indicated in and expressly required by the Contract acceptance by OWNER and ENGINEER Documents, CONTRACTOR may furnish or utilize a GONTRAGTOR has submitted list thffeef substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. OWNER's or ENGINEER's acceptance (either in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allow ENGINEER in ENGINEER's sole discretion, to by the date indicated for acceptance or objection in determine that the substitute proposed is equivalent to the bidding documents or the Contract Documents) of that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be —`zRtier: se idemified in similar to that provided in subparagraph 6.7.1.2, basis r,f reesrxarb in—whid) iaw GONTRAr� Sh011 ..yblm4—arl 6.7.3.Engineer's Evaluation: ENGINEER will be acceptable-subswwe, the GertrftlzPr� allowed a reasonable time within which to evaluate ossesio ned by each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the will -be- u will sole judge of acceptability. No 'or -equal" or constitute a condition of the Contract requirmsi the substitute will be ordered installed or utilized without use of the named subcontractors. suppliers or other ENGINEERS pnor written acceptance which will be riersots or omannization on the Work- unless prior evidenced by either a Change Order or an approved written approval is obtained from OWNER and Shop Drawing. OWNER may require ENGINEER. No acceptance by OWNER or CONTRACTOR to fumish at CONTRACTOR's ENGINEER of any such Subcontractor, Supplier or expense a special performance guarantee or other other person or organization shall constitute a waiver nutty with respect to any "or -equal" or substitute. of any right of OWNER or ENGINEER to reject ENGINEER will record time required by defective Work. ENGINEER and ENGMEER's Consultants in evaluating substitutes proposed or submitted by 69. CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract 6.9.1. CONTRACTOR shall be fully responsible to Documents (or in the provisions of any other direct contract with OWNER for work an the Project) OWNER and ENGINEER for all acts and omissions the Subcontractors. Suppliers of and other persons occasioned thereby. Whether or not ENGINEER and organizations performing or furnishing any of the accepts a substitute item so proposed or submitted by Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall reimburse CONTRACTOR just as CONTRACTOR is OWNER for the charges of ENGINEER and responsible for CONTRACTOR's own acts and ENGINEER's Consultants for evaluating each such omissions. Nothing in the Contract Documents shall proposed stibstitute item. create for the benefit of any such Subcontractor, Supplierer person organization any &S. Concentin Mrbeoebado and 8 +5 Suppliers tual relati w unship between OWNER or Others: ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any 6.8.1. CONTRACTOR shall not employ any obligation on the part of OWNER or ENGINEER to Subcontractor, Supplier or other person or organization pay or to ace to the payment of any moneys due any (including those acceptable to OWNER and such Subcontractor, Supplier or other person or ENGINEER as indicated in paragraph 6.8.2), whether organization except as may otlurwise be required by initially or as a substitute, against whom OWNER or Laws and Regulations. OWNER or ENGPEER may ENGINEER may have reasonable objection furnish to any subcontractor, supplier or other person CONTRACTOR shall not be required to employ any or oreanization evidence of amounts paid to Subcontractor, Supplier or other person or organization CONTRACTOR in accordarxx with to furnish or perform any of the Work against whom CONTRACTOR'S "Applications for Pavinent" CONTRACTOR has reasonable objection EXDC OEKM AL CONUT1OM 1910.8 (1990 Mum) 13 w/ aTV OF FORT COLUM MODIFICATIONS (ItEV 4/2000) 6.9.2. CONTRACTOR shall he solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing anry of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors. Suppliers and such other persons and organiratiors performing or fianishing any of the Work to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR 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 anal ENGINEER. LS wi n addifieral-inwnredan-ehr-property -insurance provided in 7—the eereemettt betwern- the Patent Fees and Royahfes• 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, pruoess, product or device is specified in the Contract Doemtents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the odstence of such rights shall be disclosed by OWNER in the Ccntmct Documents. To the fullest e)aent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages ansing out of or resulting from 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, process, product or device not specified cat the Contract Documents. EKT)C CE.NERAL CONUTlors 1 s 10-s OM Ectiuml 14 wI CITY OF FORT COLLINS MODIFICATIONS(REV 4Q000) Permits: 6.13. Lhrless otherwise provided in the Supplementary Cottditiots, CONTRACTOR shall obtain and pay for ell 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 ptuse cation of die Work, which are applicable at the time of opening of Bids, or, if there are no Bids, an 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. LawsandRegafa6ons: 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 CONTRACTOR's compliance with any Laws or Regulations. 6.14,2. if CONTRACTOR performs any Work knowing or having reason to kTtow that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes: 6.15, CONTRACTOR shall pay all sales, consumer. use and other similar takes 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 " areasfl,, incEpted into the Mject. Said taxes shall not be included in the Contract Price. CONTRACTOR must apply for, and receive. a Certificate of Exemption from the Colorado De rtment of Revenue for construction materials to be physically incortwrated into the a2Fom This Certification of Exemption provides that the CONTRACTOR shall neither pay nor include in his Bid Sales and Use Taxes on those building and construction materials physically incorporated into the protect Address, Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Taxes for the State of Colorado Rerional Tree MV2tion District (RIP) and certain Colorado courKies arc collected by the State of Colorado and are included in tlx Certification of ExernAtiOn. All applicable Sales and Use Taxes (including State collected taxes). on any items other than construction and building materials ph3gcalty incorporated into the rgc,, are to be i�md by CONTRACTOR and arc to bbee in Iuded m aooroprtate bid items. use ofPrenaLAM 6.16. 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 Contract Documents and other lard and areas permitted by Laws and Regulations, nghts-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or area.., resulting from the performanoc of the Work. Should any claim be made by any such owner or occupant bemuse of the performance of the Work. CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulation& indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from an}}• claim or action, legal or equitable, brought by any suit owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent mused 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 occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structue, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents ErCDC GENERAL CONDITIOFS 191 os (19" Edtim) W/ CITY OF FORT COtLINS MODIFICATIONS (REV 42000) 6.19. CONTRACTOR shall maintain in 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 interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and Arior to release of final oavment. these record documents, Samples and Shop Drawing will be delivered to ENGINEER for OWNER. Safety and Prorecrimr: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection 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: 6.20.1. 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, walls, 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 cony public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss, and shall sect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Undergomd 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 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR any Subcontractor. Supplier or any other person or organization directly or indirectly employed by any of them to perform or fairish any of the Work or anyone for whose acts any of than may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omission of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them 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). CONTR.ACTOR's duties and re�ornibilities for the safety and protection of the Work shell continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Repreveniatine: 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 Communication 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. F.mergendes: 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 OWiv'ER orEli 1Gr T..M is obligated to ad to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that arty significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24. Shop Drawings and Sampler 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 in 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 equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shell also subunit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited EJC)COENERAL COMMONS 19105 (1990E(litica) 16 w/ CITY OF FORT OOI. M MODIFICATIONS (REV 41-1000) purposes required by pamgraph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25 Submittal Procedures: 6.25.1. Before submtnttttuug each Shop Dra ar Sample, CONTRACTOR shall have detetmin and verified: 6,25.1.1. all field measuuemems, 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, pertaining and installation pertang to tic performance of the Work and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, teehruques, 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 trader the Contact Documents with respect to CONTRACTOR'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 addition, shell cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGLNTEER 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 required 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 Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEERs review and approval will not extend to meatus, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER'S attention to each such variation at the time of 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 paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed price to ENGINEER's review and approval of the Pertmeu submittal will be at the sole expense and responsibility of CONTRACTOR. ConnfnaingIke Bork: 6.29. CONTRACTOR shall carry 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 writvtg. 6.30. CONTRACTOR's General Warranty and Gaaraaree.• 6.30, 1. CONTRACTOR warrants and guarantees to OWNER ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by 6.30.1.1. abuse, modification or improper maimermnce 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 erMCGENERALCONUTIO s 191"(19% Edtian) WICITY OF FORT COLLI�B MODIFICATIONS (REV 42000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 630.2.1. observations by ENGINEER; 630.2.2. recommendation of any progress or final payment by ENGINEER; 6,30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. 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 14.13, 6.30.2.7. any inspection. test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations. CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and 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 costs) caused by, ar sing out of or resulting from the performance of the Work, provided that any such claim• cost, loss or damage. (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in art by any negligence or omission of a person or entity ndemnified hereunder or whether liability is imposed upxm such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In arty 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 organization directly or indirectly employed by 17 any of them to perform or famish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under pamgraph6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or fer CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts disability benefit acts or other employee benefit acts 6.33. The indemnification obligations of CONTRACTOR tinder paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agcnts caused by the professional negligence, errors or om issiors of any of them. Suniinl of Obligations: 6.34. All representations, indemnifications, warrarnties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all eontinuinig obligations indicated in the Contract Documents, will survive fuel payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7-4)THER WORK Related Wm* at Site: 7.1 OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. if the fact that such other work is to be 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 (it) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and theparties are unable to agree as to the amount or extent thereof 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each 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 properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make itc several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any, work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EA'DC GENERAL CONDITIONS 1910-8 (1990 Edtim) 18 col CITY OF FORT COLLINS MODIFICATIONS (REV 4/:000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTORs Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly repot to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of 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 nonrapparent defects and deficiencies in such other work. Coortrination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the followingwill be set forth in Supplementary Conditions: 7.4.1. the person, firm or corpuration whu will have authority and responsibility for coordination of the activities among the various prime contractors will be identified, 74.1 the specific matters to be covered by such authority and responsibility will be itemized, 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--OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Corditiona, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer aga whose status under the Contract Documents shall be that of the former ENGINEER 8.3. OWNER shall furnish the data required of OWNER under the Quitract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14 4 and 14.13. 8A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OW'NER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawinnes of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. and-nieintaatirte-'liability-ead-prapeAy-instvenot o 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections• tests and approvals is set forth in paragraph 13.4, 8.8. In connection with OWNER's fight to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNEWs right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTR&CTOR'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. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in acmrdance with the Contract Documents. itity in respect of undisclosed Asb�,�"���;-'atrcdeum—Flaxtrdous--lVest�---or Radiesetive L - Br�eVC6[CV Ct'T!T'�{tC� M ON ARTICLE 9-ENGI%IM'S STATUS DURING CONSTRUCTION OA'NER's Repretenativc 9.1. ENGINEER will be OWNER's representative during the construction peno(i 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. Hsi& to Site: 9.2. ENGINEER will make visits to the site at intervals MGM to the various stages of construction as ENGINEER deems necessary in order to observe as an expeivneed and qualified design professional the progress EICDC OENEUI COM71OM 1910S (19" Man) w/ aTY OF FORT COI.I.INS MODIFICATIONS OtEV 42000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general. if the Work is proceeding accordance with the Contract Documents ENGINEERin 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 ohservaticri% ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGMEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods. techniques, sequences or procedures of construction, or the safely 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 Prged Rgvemnative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authoring and limitations thereon of any such Resident Project Representative and assistants will be as prrn ided in paragraphs 9.3 and 9.13 Centlitiens of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such her person will be as provided in otparamxxph —, 931 The Representative's dealings in matters txrpaininc to the on -site work will in general, be with the ENGINEER and CONTRACTOR But, the Reoresertative will keep the OWNER properly advised about such matters. The RePKsentative's dealings with subcontractors will only be through or with the full(nowledge and apMQyal of the CONTRACTOR 932 Duties and Responsibilities Representative will: 9.3.2.1 Schedules - Review the Progress 19 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. 1&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 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER eonccnmg sore-0ability. 9.3.2.2. Conferences and Meeting - Attend mating with the CONTRACTOR such as prcortstruction cartfercnas, meeti and other nob canferemes prepare and circulate covies of minutes of meetings. 9.3.23. Liaison 93,131, Serve as ENGINEERS liaison with CONTRACTOR wakirM principally 1)gg&hyerintendent to assist the CONTRACTOR m understanding the Contract Documents, 9 3 2 3 2 Assist in oltammQ fi•orn OWNER additional details or informatiori when required for proper execution of the Work. 9 3 2 3 3 Advise the ENGINE end CONTRACTOR of the commencement or am Work regllrmg a Shou Dmw= or sample submission if the submission has not bem approved by the ENGINEER 9 3.2 4.Review of Work. Rciw icn of Defective Work, Imuecbons and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in vroaress to assist the ENGINEER in determining that the Wok is proceeding in accordance with the Contract Documents 9 3 2 4 3 Accompany visiting imm MprescrtiM public o other agencies having j�d�icton over the d�rojectrecord the results of these inspections and report to the ENGINEER. 4 3 2 5 Imen xetation of Contract Documtms. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the ia21MINODMI 9.32.6. Modifications. Consider and evaluate CONTRACTORS suagesuons for EX"DC OENEM COMMONS 1910.8 (1990 Emtim) 70 w/ CITY OF FORT ODLUNS MODIFICATIONS (REV 4/2000) modification in Drawings or Specifications and report these recommendations to ENGINEER. Accurately hwa snit to CONTRACTOR decisions issued by the ENGD EER 9.32.7. Records. 9.3.2.9. Repots. 9.3.2.8.1. Fumish ENGINEER periodic reauired. of the vrogress of the 'and and of the CONTRACTORS compliance with the RrcWcss schedule and schedule of shun Dmwina and samnle submittals. 9.3.2.82. Consult with ENGINEER in advance of scheduling main tests sp inections or start of important phases of the Work. 9.3 2.8.3. Draft proposed Change Orders and Work Dgecdve Chimes obtaining backup material from the CONTRACTOR and reepmmerd to ENGINEER Change Orders. Work Directive Charges and field orders. 9.3.12.8.4. Rapat immediately to ENUMEP and OWNER the occutrentoe of any accident. 9 32 9 Payment Requests. Review applications for oastnent with CONTRACTOR for cCOMD rice with the established procedure for their submission and forward with recommendation to ENGINEER not= particularly the relationship of the Payment reeuested to the schedule of valucs work amrnlded and materials and equi#xuuent dehveped at the_ site but not incorporated m the Wank. 9.3.2.10, Completion 9.3.2,10.1. Before ENGINEER issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items requiring correction or completion 9.3.2.10.2. Conduct final inspection in the comp,= of the ENGINEER, OWNER an I CONTRACTOR and MUre a final lisi of items to be corrected or completed 932103 Observe tbit all items on the final list have been corected or compl � and make recommendations to ENGINEER conccrn ing acceptance 93.3 Limitation of Authority The Representative shall 1193: 9.3.11. Authorize anv deviations from the Contract Documents or accept any substitute materials or equipmrnt unless authorized by the ENGINEER 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents 9.33.3. Undertake anv of the resnonsibilitiea of the CONTRACTOR Subcontractors, or CONTRACTOR'S superintendent 9.3.3.4. Advise on or issue directions relative to or assume control aver any aspen of the means methods techniques, setuenees or procedures for construction unless such is specifically called for in the ("ontraqtDocurtents. 9.3.3.5. Advise on or issue directions regarding or assume control aver safety orecauuons and programs in connections with the Work. 2.3.2.6. Aco�hop Dratvirtas or samntn submittals from anyone other than the CONTRACTOR 9.3.3.7. Authorize OWNER to occupy the Work in whole or in M. 9 3 3 8 Participate in specialized field or laboratory tests or scot ctiors conducted by others except as snecifimlly authorrrxi Ica the f9hfd1�11 5�;7 Clanfrcadoa; and Intepreiimons. 9A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EICDC GENERAL CONDITIONS 1910-8 (1990 Edaim) wt CITv- OF FORT COLLINS MODMCATION1a (REV 42000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times aryl the panties are unable to agree to the amount or extent thereof if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I I or Article 12 Authorr„ed Vxiations in Work 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contact Documems which do not involve an adJttstmem in the Contract Price or the Contract Times and arc compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Rice or the Contact Times and the parties are unable to agree as to the amount or eldent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I i or 12. Rejecting Defective Work 9.6. ENGINEER will have authority to disapprove or reject Work which ENGLNEER beheva to be defective. or that ENGINEER 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 Pic ect as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed Shop Draavngs, Change Orders and Payment; 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Charge Orders, we Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices 9.10. ENGINEER will determine the actual quantities and classifications of Lhtit Rice Work performed by CONTRACTOR ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise) ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEERS decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (i) 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 ENGINEIIt's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles I 1 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the oppaerng party's submittal, if any, in accordance with this paragraph ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: () an appeal from ENGINEERS decision is taken within the time limits and in accordance with the procedures set forth in EA'HMIT GC -A, "Dispute Resolution Agreement% entered into between OWNER and CONTRACTOR pursuant to Article 16, or (h) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from E NGINEER's written decision is delivered by OWNER or CONTRACTOR to the other acid to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulation within sixty days of the date of such ER1DC GEi EUL CONDITION51910-a QM EMM) err/CITY OF FORT 001,11M MODIFICATIONS (REV 4/1A00) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show ppaartrtiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to pamgniphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except arty which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter -p t to Ariala 16, 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9.13.1. Neither HtQGINEER's authority or responsibility under this Article 9 or under arty other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertakin& 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 famishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or famish ng any of the Work 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will orgy be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents 9.13.5. The limitation upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety. OWNER may, at any time or from time to time, order additions, deletions or revisions in the Wok. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Wok Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable condition of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR arc unable to agree as to the extern, if any, of an adjustment in the Contract Rice of 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 1 I or Article 12. 10.3, CONTRACTOR shall not be entitled to an increase in the Contact Rice 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 supplemented as provided in paragraphs 3.5 and 3.6. except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Witten Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragra 10.1, (ii) required because of acceptance c defcrive Work trader paragraph 13.13 or correcting defective Work under paragraph 1114, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision tendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing arry 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 Wort: and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of arty change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC GENERAL CONDITIOM19104 t1990 Ecitim) w/ CITY OF FORT COLLINS MODERCATIONS OkhN 4/2000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any, such notice will be CONTRACTOR's respotsnbilnty, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Comet Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Cummct 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 known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph9.11 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 11.2. 11.3. The value of any Work covered by a Charge Order or of any claim for an adjustment in the Contract Rice will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provision of 23 paragraphs 11 9.1 through 11.9.3, inclusive); 11.3'_ where the Work involved is not coveed by merit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6 2); 11.33. 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.Z on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR•s fee for overhead and profit (determined as provided in paragraph 11.6). Cost ojdre Work• 11A The term Cost of the Work means 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 any of the costs itemized in paragraph 113: 11.4.1. PayToll 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 superintendents, foremen and other personnel employed full-time at the site. Payroll ousts for employees no employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include,, but net be lunrted to salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, worker compensation, health and retffzmert benefits—bentees, siekleave, vaeetien a applicable thereto. The expanses of performing ate 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. Cast of all materials and equipment furnished and incorporated in the Work, Including costs of transportation and storage thereof. and Suppliers' field services required in connection therewith All cash discount shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or famished by Subcontractos. If required by OWNER, 24 EKDC 0EMEIL L COtm MOM 19103 (1990 Edam) w/ aTY OF FORT COLUM MODIFICATIONS (REV 42000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a foe. the Subcontractor's Cost of the Work aril fee shall he detami ned in the same manna as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary trartsponatiorL travel and subsistence expenses of CONTRACTORS employees incurred in discharge of duties corrected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Wale, and cast less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agrcemehts approved by OWNER with the advice of ENGINEER and the chats of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.91 provided they have resulted from causes other than the negligence of CONTRACTOR, any Su�bcconttada, or anyone directlyy or indirectly employed by any of than or for Nose acts any of them may be liable. Such lasses shell include settlements made with the written consent and approval of OWNER. No such losses, damages and expensm shall be included in the Cast of the Work for the purpose of determining CONTRACTORS fee. It however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereo[ CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cast of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work 11.4.5.9. Cast of premiums for additional PAm&% and insurance required because of changes in the Work 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Pavroll casts and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, anomeys, auditors. accountants, purchasing and contracting agents, expediters, 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 specifically included in the agreed upon schedule of job classifications referred to in paragraph HAI or specifically covered by paragraph 11.4.4—all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges 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 purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). eJCDCGENERAL CONanors 1910-8 (19%Eduat) w/ CITY OF FORT COLLINS MODIFICATIONS tRE V 4Pa00) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by my of them or for whose ads arty of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense casts of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR' fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11 A 1. a mutually acceptable fixed fee, 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 cods incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shell be fifteen percent 11.6.2.2. for costs incurred under paragraph 11.43, the C.ONTRACTOR's fee shall be five percent 11.6.2.1 where one or more tiers of subcontracts ere on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 114.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee _r a.._ PeFeClit Of the __._.._. Paid te the next lower tier gubeenttretteF to be negotiated in good faith with the OWNEP but not to exceed fivc percent of the amount paid to the next lower tier Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for arty chase which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one charge, the adjustment in CONTRACTORS fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be 25 determined pursuant to pamgmphs I1.4 and 11.5, CONTRACTOR will establish and maintain records thereof in amordance with generally accepted accounting practices and submit in form acceptable to ENG24EER an itemized cask breakdown together with supporting data. Cash .Allowances- 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and 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 any 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. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expanses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment. an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted 119. Unit Price Work 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity or each itan as indicated in the Agreement. The estimated quantities of items of Unit Price Work arc not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTORk overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article i 1 if: 11.9.31 the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreemer; EXDC GENERAL COMMONS 1910-8 (1sso Edtim) 26 WICITY OF FORT COLT. M MODIFICATIONS (REV J2000) and 11.9.3.2. them 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 Contract Price and the parties are unable to agree as to the amoumt of arty such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete itcros in the Bid or chanac ouarntitics at OWNER'S sole discretion without affecting the Contract Price of anv remaining item so lout as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12—CHANGE OF CONTRACT TIDffS 12.1. The Contract Times (orMilestones) 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 patty 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 nature of the claim. Notice of the extont of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the clang) 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 in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 of 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. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR the Contract Times (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 neglectby OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Artiele7, fires, floods, epidemics, abnormal weather conditions or acts of God Delays attributable to and within the control of a Subcontractor or Supplier shall be decroal to be delays within the control of CONTRACTOR 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or 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 last due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (e) delays caused by or within the control of the CONTRACTOR or (ii) delays beyond the control of both parties including but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors perform ing other work as contemplated by Article 7. ARTICLE 0—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFEGTNE WORK 13.1. Nod"ofDefech: Prompt notice of all defective Watr of which OWNER or ENGINEER 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 Work: 13.2 OWNER ENGINEER ENGWEER's Consultants other representatives and personnel of OWNER independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable --times for thew observation, inspecting 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. Tests• and InWechons: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals and shall coopaate with inspection and testing personnel to facilitate required inspections or tests. 13.4. 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 inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that casts incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 F.1CDC GENERAL CONDITIONS 19104 (1990 Tdrim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 41.1000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 135. if Laws or Regulations of any public body having jurisdiction require any Work (or part thereon specifically to be impeded, tested or approved by an employee or othc representative of such public body, CONTRACTOR shall esst me Cull responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay, all casts in connection with any inspections, tests or approvals required for OWNER's and ENGRMER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER it must, if requested by ENGINEER, be uncovered for observation 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACfOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If Work is covered contrary to the written request of any it must, if requested by DiGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require. that portion of the Work in question, furnishing all necessary labor, material and equipment 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, and, if the parties are unable to agree as to the amount thereof may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Mlestones). or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconsWctim and, if the patties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 11 OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated, however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction orRemovW ofDq%cdve Work: 13.11. If required by IENGNNEER, CONTRACTOR shall promptly. as directed, either correct all defective Work, whethW or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, lasses 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). 13.11 Cotredion Period• 13.12.1 if within aaayaar 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 any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective. CONTRACTOR shall promptly, without cast to OWNER and in accordance with OWNER's written instructions: (i) correct 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 tams 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 replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.12.2.In special circumstances where a particular item of equipment is placed in continuous service before Substantial 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 13.113. Where defective Work (and damage to other 28 EKDC OENMUL COImITIOM 1910.8 (1990 Edtiw) wi ❑TY OF FORT COI.I.IM MODIFICAMNS (REV 4/2000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of ate year two veers after such correction or removal and replacement has been satisfactorily completed. Acceptance of Dejkdve Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work. OWNER (and prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, casts, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work: (such costs to be approved by ENGINEER as to reasonableness). if any such acceptance occurs prior to ENGINEER'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 curable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. if the acceptance occurs after such recommendation. an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable tittle after written notice from ENGINEER to correct defective 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 comply with any odor 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 expeditiously. 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 the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEMs Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order sill 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, arid, if the pies 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 costs of repair or replacement of work of others destroyed or dam Fed byy correction, removal or replacement of CONTRACTOR'S defectme Work CONTRACTOR shall not be allowed an cdension of the Contract Tunes (or Milestones) because of any delay in performance of the Wale attributable to the exercise by OWNER ofOWNER's rights and remedies hereunder. ARTICLE 14—PAY ENTS TO CONTRACTOR AND COMPLETION Schedule of 17aiaes: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER Progress payments an 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 than once a math). 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 another 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 clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OW'NER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subiect to substitution by the CONTRACTOR with securitis or any arrangements involving an escrow a custodianship, by executing the a2plication for ent m farthe CONTRACTOR exrxessly waives his t to the CONTRACTOR's Warranty of Tide.- 14.3. CONTRACTOR warrants and guarantees that title to all Work materials and equipment covered by arry Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review ofAppfications for Prorem Payment 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EICDCOFM1tAL CONUTIOM 1910.3 (1990 Etitim) w/ CITY OF FORT ODUIM MODIFICATIOM (REIN 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 case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days aticr presentation of the Application for Payment to OWNER with ENGINEER's recommendation, t}e amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief 14.5.1. the Work has progressed to the point indicated 14.5.2. the quality of the Work is generally in accordance with the Contract Docurnerns (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 determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be teemed to have represented that: (i) exhaustive 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 (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR'S means, methods, techniques. sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or arty part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 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. 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 tests, nullify any such payment previously recommended to such extent as may be necessary in ENGfNEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defeedve, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Witten Amendment or Change Order, 14.7.3. OWNER has been nuired to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occunenoe of any of the events enumerated in paragraphs 15.2.1 drrouglii 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended or 14.7.8. OWNER has actual knowledge of the occurrence of arty of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reason for such action and promptly pay CONTRACTOR the amomt so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action Substantial compledon: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reason therefor. If ENGINEER 30 EXDC OENIItNAL COX710M 1910-8 (1990 Editim) MI CITY OF FORT COLLINS MODIFICATIONS OLEV 44100D) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final ppavment OWNER shall have seven days after receipt of tMentative certificate during which to make written objection to ENGINEER as to any provision of the certificate or attached list. If, alter considering such objections, ENGINEER concludes that the Work is riot substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen 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, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binduig on OWNER and CONTRACTOR until final payment 149. 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 m the tentative list Partial Udfimdon: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which (i1 has specifically been identified in the Contract Documents, or (ii)OWNER, ENGINEER and CONTRACTOR agce constitutes a separately functioning and usable pan of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR'$ performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Wok subject to the following: 14.10.1.0WNER at any time may request CONTRACTOR in writing to permit OWNER to use any such pan of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such pan of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Wok is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Wok. 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 ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Sultimmial Completion of that pan of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of pan of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property trisuranlce. 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 inspection with OWNER and CONTRACTOR aril will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. 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 and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by ph 5 4, certificates of inspection marked -up record documents (as provided in p>aragaph6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments The final Application for Payment shall be accompamed (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, �u) consent of the surety, if any, to final payment, and ni) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may funislt 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 (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails EJCDCOENTAAL CONDITIOM 191(4 GM Edaian) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4 ^_000) to furnish such a release or receipt in full, CONTRACTOR may hirnish 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 finalize oevmeru are to be submitted on forms conforming to the format of the OWNER'S standard forms bound in the project manuaL Final Payment andAcceptartce: 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 Work 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 necessary corrections and resubmit the Application. Thirty days alter 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 he paid by OWNER to CONTRACTOR subject to eerag_raph 17.6.2 of these General Conditions. 14.14, IT through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so conforms, OWNER shall. upon receipt of CONTR4CTOR'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 and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retairage 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 Claims: 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, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11. from failure to comply with the Contract Documents or the terms of any specia] guarantees specified therein, or from CONTRACTOR's cauinuing obligations under the Contract Documents; and 14.15 2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15,WSPENSION OF WORK AND TERNMNATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or any potion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall rstrne the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Tines, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Tamiaate: 15.2. Upon the occurrence of any me 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 paragraph2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the some to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid 32 EXVC GENE t. COMMOM I910S (1990 Editm) w/ CITY OF FORT OOL11M MODIFICATIONS tREV 42000) CONTRACTOR but which 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 balance of the Contract Price exceeds all claims, casts, 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, lasses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, casts, 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 perforated. 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 ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR stall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work, 15.4.2. for expenses sustained prior to the 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 expenss; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of lees of anticipated profits or revenue or other economic loss arising out of or resulting from such termination CONTRACTOR May Stop West or Terminate: 15.5. If, 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 nowt 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 sum 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 terns as provided in paragraph 13A In lieu of terminating the A�r�ement and without prejudice to any other right or remedy, if RNGINEER has failed to act at an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR including interest thereon The provisions of this paragraph 15.5 are not intended to prechtde CONTRACTOR from making claim under Articles 1 l and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLVf10N If and to the extent that OWNER and CONTRACTOR have agrees( on the method and procedure for resolving disputes between them that may aria under this Agreemem, such dispute resolution method and procedure, if any, shall be as set forth in ExhibitGC-A "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulation in respect of any dispute. ARTICLE 17—MISCELLANEOUS firing Notice: 17.1. Wherever 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 wham it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday a Sunday or at a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC GENERAL COMMONS lvlos (Issa Edtim) A'/ C3TY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notce of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property, because of any error, omission or ad 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 (table, 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 any applicable statute of limitations or repose.Cumulafive Remer6es: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by Raragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 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 of, 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 if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Cemrt Costs Included.• 17.5. Whenever reference is made to "claims, costs, losses and xiratagee. it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all cart or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado apply to this Atreemerrt Reference to two pg: irxnt Colorado statutes are as follows UAL Colorado Revised Statutes (CRS 8.17.101) require that Colorado labor be employed to perform the Work to the extent of not less than 80 2orcat 80°io of each class of labor in the several classifications of illed and common labor employed on the project Colorado labor means My person who is a boon fide resident of the State of Colorado at the time o e out discrimination as to race cola cr a religion or sex 17.6.2. If a claim is filed OWNER is reauired law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials, team hire. sustenance, provisions, provender, or other supplies used or consumed i v CONTRACTOR or his 33 EKDCGENZR.-%L CONDITMIS1910.suvs0s(kual) 34 w/ CITY OF FORT COLLINIS MODER CATIONS (RF,V 4/2000) ('Phis page left blank intenticmally.) EXZC GENERAL COMMTIOM 19104 (19% Edt im) 35 w/ CITY OF FORT COLEUS MODIFICATIONS (REV AIP000) EJCDCOE%MkAL COMMMOM 1910-8 (1990 Edtiul) 36 wl CITY OF FORT ODWM MODIFICATIONS (REV 4/2000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREIIIIENA OWNE2 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 ponies: 16.1 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of fowl payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction 16.2 No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER mitiatly for decision in aocordance 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 no 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 radered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of arr written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the Americana Arbitration Association, and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 162 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen and in no event shall 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. EJCDC GENERAL. CONDITIONS I91 M (1990 Edtim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) 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 ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16A.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16A, if a claim. dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involymg the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER ENGINEER or ENGINI1iR's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof; and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall fast submit any and all unsettled claims. wunterclaims, disputes and other matters in question between them arising out of or relating to the Contract Iocuments or the breach thereof ("disputes"). to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 though 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 162 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 save as arbitrator of such dispute unless othawisc agreed GC -Al FJCDC GENERAL CONDITIONS 1910-8 (1990 E6tim) GC -Al w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) SECTION 00800 SUPPLEMENTARY CONDITIONS 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 are posted at www.bidnetd!rect.com/colorado. END OF SECTION 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 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Asphalt Surface Treatment Project CONTRACTOR: A-1 Chipseal Co. PROJECT NUMBER: 8522 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: 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: DATE: DATE: DATE: DATE: Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER. CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0 00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order s0.0o AMOUNT DUE THIS APPLICATION: CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3of 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. 50 00 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 Installed This Period PAGE 4 OF 4 On Hand This 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 ASPHALT SURFACE TREATMENT PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 Summaryof Work 01040 Coordination 01310 Construction Schedules 01330 Survey Data O1410 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 3-4 General Requirements 5-6 General Requirements 7 General Requirements 8-9 General Requirements 10 General Requirements 111-12 General Requirements 13 General Requirements 14 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of the placement of Chip Seal, Slurry Seal or Cape Seal on residential streets and parking lots as shown in Section 3500, Project Maps. 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 I. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 5:00 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 which is not authorized by the Engineer shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner's costs in providing field Engineer 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 to excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Tom Knostman and/or Bennett Ashbaugh will be the Pavement Engineer/Project Manager for the City of Fort Collins. Tom Knostman 970-221-6576 Mobile 970-679-7947 Bennett Ashbaugh 970-221-6615 Mobile 425-241-3697 F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractors convenience. General Requirements - Page I of 14 SECTION 00300 BID FORM 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: Public Service Company of Colorado 482-5922,221-8553 Telephone: U.S. West Communications 484-0300,226-6310 Traffic Operations: City of Ft. Collins, Colorado 221-6608 Cable Television: Comcast 493-7400 *Utility Locates Under One -call System 1-800-922-1987 .AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non -Emergency: 221-65 81 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 221-6550 Emergency: 911 Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 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 14 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. 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 Preconstruction 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 Subcontractor supervisors assigned to the project. 3. The Engineer 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 Engineer 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. The Engineer 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 Engineer. 1.3 PROGRESS MEETINGS A. Contractor and the Engineer shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Engineer and Resident Project Representative. 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Engineer or Owner. General Requirements — Page 3 of 14 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 Engineer 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 OF SECTION General Requirements — Page 4 of 14 SECTION 01310 CONSTRUCTION SCHEDULES 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 of the 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 of the 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, 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 14 SECTION 01310 CONSTRUCTION SCHEDULES 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences, and procedures of construction as provided in the General Conditions. END OF SECTION General Requirements — Page 6 of 14 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Owner will provide the construction surveying for street improvements as needed. 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. F. 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 14 SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval hereof 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 stand by 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 ofthis 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 8 of 14 SECTION 01410 TESTING B. Superintendence: The Contractor shall employ a full 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 Engineer weekly. END OF SECTION General Requirements — Page 9 of 14 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. END OF SECTION General Requirements — Page 10 of 14 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. I. 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 I I of 14 SECTION 00300 BID FORM PROJECT: 8522 Asphalt Surface Treatment Project Place: Fort Collins, CO Date: 5/15/2017 1. In compliance with your Invitation to Bid dated April 21 , 20 17 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. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of 5% of total bid amount ($ 5% 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: Western Surety Company of SD 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. NONE through NONE . 61 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 "Larimer County 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. END OF SECTION General Requirements — Page 12 of 14 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 upon request, one current marked -up set ofthe 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 Engineer shall be submitted prior to project acceptance. END OF SECTION General Requirements — Page 13 of 14 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 SECTION General Requirements — Page 14 of 14 SECTION 02000 PROJECT SPECIFICATIONS The 2011 Colorado Department of Transportation (CDOT) Standard Specifications for Road and Bridge Construction and the standard revisions controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. The Larimer County "Urban Area Street Standards" (hereafter referred to as the "LCUASS Standards "), latest revision, are made a part of this Contract by this reference. In those instances where the Standards specifications conflict with any of the provisions of other parts of the standards the governing order of precedence shall be as follows: 1. The Special Revisions written herein this document of the latest revision of CDOT's "Standard Specifications for Road and Bridge Construction" 2. The Standard Revisions of latest revision of CDOT's "Standard Specifications for Road and Bridge Construction" 3. CDOT's "Standard Specifications for Road and Bridge Construction" 4. The latest version of the Larimer County "Urban Area Street Standards" (Referred hereafter to as the "Standard Specifications) INDEX OF REVISIONS SECTIONS 105 Control of Work 108 Prosecution and Progress DIVISIONS 208 Erosion Control 409 Seal Coat 630 Construction Zone Traffic Control REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised as follows: AUTHORITY OF THE ENGINEER 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 Contractor may be assessed $1,000.00 per day, may forfeit payment ofwork 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. 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 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. TABLE 105-1 S1IMMARV OF CONTRACTOR SIiRMITTALS Section No. Description Approval Needed Reoccurring 105.10 Contractor Management Packet — EMS Yes No 108.03 Schedule of Work Yes Yes 208.02 Erosion Control Devices Yes No 208.06 Spill Kit: List of items included Yes No 409.00 Asphalt Mix Design Yes No 630.10 Traffic Control Plans/Traffic Control Devices Yes Yes 630.11 TCS Qualifications reoccurs when TCS and flaggers change) Yes No 630.11 Resident Notification Letter Yes Yes 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 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" REVISION OF SECTION 105 CONTROL OF WORK 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- l Summary of Contract Submittals Subsection 105.11 —Cooperation with Utilities- shall include the following: 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. Subsection 105.12 — Cooperation Between Contractors - shall be removed and replaced with the following: The City, County, COOT, 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 shall 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. City Traffic Control Contact: Syl Mireles Phone:(970)221-6815 Email: smirelesna,fcgov.com The City will remove existing and install all pedestrian traffic signal equipment. City Traffic Signal Contact: Britney Sorenson Phone: 970-222-5533 Email: bsorensonna fcgov.com The Contractor shall coordinate with the City Traffic Engineer to schedule the traffic signal work/fiber optic 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 REVISION OF SECTION 105 CONTROL OF WORK 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(dfcgov.com 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: I unruh(a)fcgov.com. The Contractor shall cooperate with the City Light and Power Department in their removal and installation operations so that progress is expedited, duplication of work 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. Subsection 105.16 — Inspection and Testing of Work - shall include the following: The Contractor shall keep the Engineer informed of its 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. 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 afterthe 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. REVISION OF SECTION 105 CONTROL OF WORK The Contractor shall maintain the streets during the construction process as prescribed above. If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the Contractor sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project, as accepted, will not be measured and paid for separately, but shall be included in the work. All applied slurry, chip, and cape seal surfaces shall be swept by an approved vacuum style sweeper to remove any excess raveled material which becomes dislodged from the street surface after seven (7) calendar days, or as directed by the Engineer, and again after 30 calendar days, or as directed by the Engineer. Any dislodged material which has migrated to gutters, sidewalks, and driveways shall be removed at this time. Dislodged material shall be disposed of to a site approved by the Engineer. Excessive raveling, as determined by the Engineer, shall be swept by the Contractor at no additional cost to the Owner. Sweeping shall be paid for per each complete sweeping of all surfaces, and shall include "No Parking" signs, blowing or sweeping of gutters, sidewalks, and driveways as necessary prior to sweeping treated surfaces. Payment shall include all equipment, labor, materials, overhead, incidentals and mobilization required to complete the work as described in the specifications. 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. BASIS OF PAYMENT Payment will be made under: Pay Item Unit 105.01 Sweeping - All Street Surfaces Each 105.02 Sweeping — All Parking Lot Surfaces Each The above prices and payments shall include full compensation for furnishing all equipment, labor, materials, tools, mobilization, traffic control devices, TCS and flagging personnel, traffic control signage (`No Parking' signs), incidentals and for sweeping treated surfaces, including blowing or hand sweeping of gutters, sidewalks, and driveways prior to sweeping treated surfaces. END OF SECTION Section 108 of the Standard Specifications is hereby revised as follows: REVISION OF SECTION 208 STORM WATER AND INLET PROTECTION SCHEDULE Subsection 108.03 - Schedule - shall include the following: A schedule of work must be provided prior to the start ojwork, and shall include number of working days per area to complete all unit work items covered by the contract. Vicinity maps of each area are included in Section 03500, Project Maps. The schedule should take any school or other time critical priorities into consideration. The schedule should also include projected start and end dates. Individual street quantities are described in Section 02500, Quantity Estimates. Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above. LIMITATION OF OPERATIONS Subsection 108.05 — Limitation of Operations - shall include the following: The work shall be completed within the following calendar months: AN FEB MAR APR MAY JUNE JULY AUG SEP 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 is to be complete within forty (40) consecutive working days, and the project start date shall be within the first week of August and all work shall be completed during the months of August and September with the exception of the sweeping agreements noted heirin. The Contractor shall start within 10 days of notice to proceed, with the work anticipated to start in the first week of August weather permitting. Subsection 108.09- Failure to Complete Work on Time - shall include the following: Failure to mobilize to an area within days specified, or to reach Substantial Completion the project within forty (40) consecutive working days, shall result in liquidated damages assessed against the Contractor. Substantial Completion shall be defined as the point where all the surface treatments in the base contract have been completed to the acceptance of the City Engineer, all erosion control has been removed and traffic control signs collected from the work areas. 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 from any monies due the Contractor in lieu of liquidated damages. The Contractor shall have 45 calendar days to achieve Final Completion. Final Completion shall include any remaining work beyond substantial completion including seven (7) and 30-day sweeping and project cleanup to remove overspray and tracked oils, fugitive chip and any other punch list items. Retainage will be held until the City is satisfied that Final Completion has been obtained. END OF SECTION REVISION OF SECTION 208 STORM WATER AND INLET PROTECTION 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 installation and at a minimum at all inlets to prevent or minimize erosion, sedimentation, and pollution of any state waterways. Work shall be in accordance with the latest revisions of 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, and the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. Any loss of time or materials related to erosion shall be the sole responsibility of the Contractor. Any damage to surrounding properties or facilities (either on site or offsite) related to erosion caused by construction of this project, shall be the sole responsibility of the Contractor. MATERIALS Subsection 208.02 shall be revised as follows: Contractor will submit the type of material to be used for erosion control measures prior to beginning the work. See section 03000. Straw wattles shall not be allowed. 1. Inlet protection shall include sufficient length to protect around the perimeter of the inlet opening. 2. Erosion control devices around inlets near the load site shall be required. 3. Erosion control devices on the downhill side of an aggregate stockpile shall be required. Recycled Rubberized Wattle Inlet Protection shall meet the following requirements: 1. Infill material: Shredded recycled rubber 2. Weight: approximately 10 Ibs per linear foot 3. Diameter: Approximately 9 inches 4. Geotextile fabric: Made of a durable fabric with a typical weight of 6-10 oz/yd. CDOT Gravel Bag Inlet Protection shall meet the following requirements: 1. Infill material: CDOT #67 washed rock or approve equal 2. Weight: approximately 20 Ibs per linear foot 3. Diameter: Approximately 5 inches 4. Geotextile fabric: Made of a durable fabric with atypical weight of 6-10 ozlyd. CONSTRUCTION REQUIREMENTS Subsection 208.04—Best Management Practices for Stormwater - shall be amended to include the following: 8522 Asphalt Surface Treatment Project 2017 BASE BID SCHEDULE ITEN NO DESCRIPTION UNIT 301 0 G 105.01 SWEEPING- ALL STREET SURFACES EACH 2 $20,000.00 1 40000.00 105.02 SWEEPING- ALL PARKING LOT SURFACES EACH 2 $1.500,00 It 3.000.00 208.01 STORMWATER PROTECTION- WATTLE(mppea by Cd,) UNE&FOOT I= $5.50 { 8.25000 208.02 STORMWATFR PROTECTION- WATTLE(NEWauppee by Coaracbr) LINEAL FOOT 500 $1925 { 9.625.00 206.03 Fabrc Ma Wade 1W PmYDlen (euppled by Cry. Fabrrcby Conl r) EACH 30 $125.00 S 3,75D00 208.04 Fabrc rM Wane INa Pmtetlen(NEW auppted by Coauclm) EACH 5 $415.00 S Z07500 X8.05 Emlmmmanlal M"soxiN Loge and Pmoedum LS 1 $18.750.00 $ 10,750.00 409.01 CHIP SEAL (ARTERIAL) SQUARE YARD 100 S3.10 S 310.00 409.02 CHIP SEAL (COLLECTOR) SQUAREYARD 10D 13.10 S 310.00 409.03 CHIP SEAL (RESIDENTIAL) SQUARE YARD 1,0OD $3.05 1 3.050.00 409.05 TYPE II SLURRY SEAL (COLLECTOR) SQUARE YARD 100 $2.40 $ MOD 409.W TYPE U SLURRY SEAL (RESIDENTIAL) SQUARE YARD 10D $2.35 S 235.00 409.07 TYPE II SLURRY SEA. (PARKING LOTS) SQUARE YARD 1 W $3.00 S 350.00 4CROS CAPE SEAL (COLLECTOR) SOLAREYARD 15.000 $4.99 S 74,950.00 4D909 CAPE SEAL OTES87ENTAQ SQUARE YARD 370.000 S4.68 S 1,S05,600 OD 40911 SLURRY TRAY CRACK LEVELING I3(r bard width, 314ID T cack) LINEAL FOOT 200 $5.00 S 1.000.00 409.12 SLURRY SURFACE LEVELING (IA a Mr timckoua prRt) SQUAREYARD 300 $12.00 S 3,B000D 40SA3 FOG SEAL SQUARE YARD too $0.35 It 35.00 M.01 VARIABLE MESSAGE BOARD EAIDAY 6 5250.00 It 1,25000 630.02 ADDITIONAL FLAGGING PERSONNEL HOUR 100 $3500 S 350000 IN WORDS One Mabn. Nhw HU nM SmnN Nee Tlmueand EIDht HuWW Ten Dollars and gem Cents BID ALTERNATE I IS MENDED FOR USE TO CHIP SEAL FOSSIL CREEK MEADOWS IMAP LOCATED IN SECTION 3500 OF CONTRACT DOCS). THE HOA IS CURRENTLY REVIEWING COSTrMENEFIT ANALYSIS OF DIFFERENT TREATMENTS FOR THE AREA AS THEY MAY HAVE TO SHARE SOME OF THE COSTS. THE STREET MAMENANCE PROGRAM MA YIMAY NOT INCLUDE THE BELOW OUANTRIES TO BE PERFORMED IN THE SAME TIMEFRAME AS PHASE 1 ABOVE. SMP WILL HAVE AN ANSWER TO THIS FOR THE CONTRACTOR BYJUNE 1ST 2017 AT THE LATEST 2017 BID SCHEDULE - 810 ALTERNATE 1 -FOSSIL CREEK MEADOW ITEM DESCRIPTION UNIT 201GIM�� 105.01 SWEEPING -ALLSTREET SURFACES EACH 2 52,250.00 1 4,500.00 10502 SWEEPING -ALL PARKING LOT SURFACES EACH 0 $DM S - 206.01 STORMWATER PROTECTION WATTLE(MwOW by COY) LINEAL FOOT ISO $550 S MOB 208,02 STORMWATER PROTECTION. WATTLE MEW suppled by CaNzaawo LINEAL FOOT 100 111925 S 1,925.00 206.03 Fabric and Wade lie PnWKODn(auppred by CKY. Fabric by Gentra44D0 EACH 10 S125.00 i 1250.00 206.04 Fab. are Wage lea PmMtlnn(NEW .,IW bT COnNSir) EACH 2 $415.00 6 WOOD 206.05 Emimnmenla Manmppmenl Logs and Pmoedum LS 1 $4,500.00 S 4,500.00 40901 CHIP SEAL(ARTERAL) SOUAREYARD 0 i - 409.02 CHIP SEAL (COLLECTOR) SOUAREYARO 2.700 13.10 i 8.370.00 409.03 CHIP SEAL, (RESIDENTIAL) SQUAREYARD 51,000 $305 $ 755,550.00 40905 TYPE It SLURRY SEAL (COLLECTOR) SQUAREYARD 0 1 - 40906 TYPE II SLURRY SEAL(RESIDENML) SQUARE YARD 0 { 409.07 TYPE It SLURRY SEAL (PARKING LOTS) SQUAREYARD 0 i - 409A8 CAPE SEAL (COLLECTOR) SQUAREYARD 0 { - 409.09 CAPE SEAL(RESIDENML) SQUARE YARD 0 { 409.11 SLURRY TRAY CRACK LEVELING PW Dane wON, 314 b 2' cark) UNEALF00T 0 { 409.12 SLURRY SURFACE LEVEUNG[19 D IQ' tlltdmau pr Mt) SQUARE YARD 0 { 409.13 FOG SEAL SQUAREYARD 0 { 6 AI VARIABLE MESSAGE BARD EAAAIY 0 670.02 AOORIONALFLAGGINGPERSONNEL HOUR 10 S35.00 i 750.00 A REVISION OF SECTION 208 STORM WATER AND INLET PROTECTION 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. Inlet filters Designated storm drainage system inlets shall be filtered as directed by the Engineer. Alternative treatments (such as native grass filtering) may be used as an alternative to wattle or other protection before water is discharged into streams or onto adjacent properties. Drop Inlets Drop inlets in unpaved areas shall be filtered with a piece of non -woven, needle punched, polypropylene landscaping fabric with a weight of 4 ounces / SY anchored by recycled rubber or rock sock wattles traversing the entire perimeter. Materials other than fabric and wattle inlet protection must be demonstrated to provide the same level of treatment before acceptance by the Engineer. Maintenance The contractor shall continuously maintain all erosion and sediment control features so that they function properly during site construction. All inlet filters shall be inspected and repairs made after each runoff event. Sediments shall be removed when one half of the design depth has been filled. Removed sediments shall be removed immediately from the traveled way of roads and streets and disposed of properly. METHOD OF MEASUREMENT Subsection 208.11 is revised to include the following: Payment shall be made by the lineal foot for gravel or recycled rubber wattle inlet protection devices installed and accepted at each location within the work area or as required by the Engineer. Length will be measured from start to end of installation not accounting for overlap. Contractor shall use all competent/sound wattles from the City of Fort Collins stores (Item 208.03 and 208.04) before purchasing /supplying new wattles (208.01 and 208.02). Staging, placement, maintenance, replacement and clean-up of damaged units, and post use collection/restocking to the Hoffman Mill facility of sound wattle devices shall be incidental to the unit length bid item. The length shall be sufficient to protect the inlet opening and sides of the inlet grate. 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 payment shall be made by the lineal foot for the protection of the location. Payment for fabric and wattle inlet protection shall be made by each protection device per location installed and accepted or as required by the Engineer. Excavation required for removal of accumulated sediment from traps, basins, and other clean out excavation of accumulated sediment, and the disposal of such sediment, shall be considered incidental to the work and not be paid separately. The creation and procedures surrounding the implementation of storm water management plans shall be paid for as a Lump Sum per phase of work completed. REVISION OF SECTION 208 STORM WATER AND INLET PROTECTION Street sweeping for sediment from inlet protection will not be measured or paid for separately but shall be incidental to the work. A protection device shall be installed at load sites and on the downstream side of stock piles or as directed by the Engineer and shall be considered incidental to the work and shall not be paid for separately. All construction material that enters an inlet due to work under this contract shall be removed from the inlet interior and removed from the site to an approved disposal location. This work shall not be paid for separately. BASIS OF PAYMENT Subsection 208.12 shall include the following: Payment will be made under: Pay Item Unit 208.01 Stormwater Protection — Wattle (Supplied by Contractor) Lineal Foot 208.02 Stormwater Protection — Fabric and Wattle(Supplied by Contractor) Inlet Each 208.03 Stormwater Protection — Wattle (Supplied by COFC) Lineal Foot 208.04 Stormwater Protection — Fabric and Wattle(Supplied by COFC) Inlet Protection Each 208.05 Environmental Management Logs and Procedures Lump Sum The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, traffic control devices, TCS and flagging personnel, and related traffic control incidentals, and for doing all work involved in installing, maintaining, and removing when required, erosion control measures, as specified in these specifications, as shown on the plans, and as directed by the Engineer. END OF SECTION REVISION OF SECTION 409 SEAL COAT DESCRIPTION Subsection 409.01 shall include the following: This work shall consist of furnishing and installing polymerized emulsified asphalt integrated with surface treatments including chip seal, double chip seal, slurry seal, cape seal, and a fog seal, when required, on properly prepared roadway surfaces as specified herein and as directed by the Engineer. MATERIAL Subsection 409.02 shall be deleted and replaced with the following requirements for the applicable treatment: ASPHALT EMULSION — GENERAL Asphalt material shall be accepted at the distributor. Each load of emulsified asphalt shall be accompanied with a certificate of analysis/compliance and submitted to the Engineer to assure that it is the same as that used in the mix design. The Contractor shall supply samples for each requested material for testing upon request of the City. A one -quart sample of the emulsion shall be submitted from the first delivery. The source of the base asphalt, polymer, additives, and supplier shall be stated on the sample and shall not change during the course of construction. Suitable storage facilities and containers for the asphalt emulsion shall be provided and shall be equipped to prevent water from entering the emulsion. If necessary, suitable heat shall be provided to prevent freezing; however the heat shall not reach the temperature required for the chemical process to respond as if the emulsion had been applied to the road. ASPHALT EMULSION - CHIP SEAL Polymerized cationic rapid set emulsified asphalt (CRS-2P), or equivalent, shall be an emulsified blend of polymerized asphalt, water, emulsifiers, and polymer. The asphalt cement shall be polymer modified prior to emulsification and shall contain a minimum of three percent (3.0%) styrene-butadiene-styrene (SBS) block copolymer by weight of asphalt cement. The emulsion, standing undisturbed for a minimum of 24 hours, shall show no milky white separation, but shall be smooth and homogeneous throughout. The polymer shall be incorporated by co -milling into the emulsion and shall be capable of being pumped and be suitable for application through a distributor truck. am REVISION OF SECTION 409 SEAL COAT Table 702-2 shall be deleted and replaced with the following: Tests on Emulsion (CRS-2P) Minimum Maximum Test Method Viscosity, at 50°C, Saybolt Furol, sec (a) 80 450 AASHTO T59 Storage Stability, 24-hr, % Max (a) 1.0 AASHTO T59 Particle Charge Test Positive AASHTO T59 Sieve test, % Max (a) 0.10 AASHTO T59 Demulsibility, % Min (c) 40 AASHTO T59 Oil Distillate by Volume, % Max or Range 3.0 AASHTO T59 Residue by distillation/evaporation, % min (b) 70 T59 Tests on Residue Minimum Maximum Test Method Penetration, 25°C, 100g, 5s, min, dmm 60 110 AASHTO T49 Ductility, 25°C, 5 cm/min, cm 100 AASHTO T51 Ductility, 4°C, 5 cm/min, cm, min 45 AASHTO T51 Toughness, in-Ibs, min 110 CP-L 2210 Tenacity, in Ibs, min 75 CP-L 2210 Elastic Recovery, 25°C 75 AASHTO T301 Softening Point, Ring & Ball, °C 57 AASHTO T 53 Solubility in Trichloroethylene, %min 97.5 AASHTO T44 a) The Contractor shall submit a Certificate of Compliance from the supplier for the above testing. This certificate shall verify that the material conforms to the applicable Project Specifications and Revisions within the construction year. b) For polymerized emulsions the distillation and evaporation tests will in be conformance with AASHTO T- 59 or CP-L 2212 respectively with modifications to include 205 +/- 5° C maximum temperatures to be held for 15 minutes. c) The Demulsibility test shall be made within 30 days from the date of shipment. ASPHALT EMULSION - SLURRY SEAL The emulsified asphalt shall conform to Grade CQS-1 HL (Cationic Quick Setting Emulsified Asphalt with Latex Polymer) as specified in ASTM D977 and D2397 (Specification for Emulsified Asphalt and Cationic Emulsified Asphalt), except that the residual asphalt having a penetration of 40 — 90, shall constitute at least 60 percent ofthe emulsion by weight, and that the Saybolt Furol Viscosity of the emulsion at 77' F (25' C) shall not exceed 50 seconds. Slow setting emulsions may not be used. CQS-1HL shall be an emulsified blend of asphalt, water, and styrene-butadiene rubber (SBR) latex and emulsifiers. The emulsion shall be pumpable and suitable for use in slurry seal mixing and spreading equipment, and suitable for application through a distributor truck. The emulsion shall contain a minimum of three percent (3.0%) by weight of SBR polymer solids based on weight of residual asphalt. The slurry seal mixture shall contain an emulsion content of 10 —20% by weight of dry aggregate which shall be determined in the laboratory by an approved mix design process. The residual asphalt content shall be 10 — 20% based on weight of dry aggregate. Each load of emulsified asphalt shall be accompanied with a certificate of analysis/compliance and submitted to 11 REVISION OF SECTION 409 SEAL COAT the Engineer to assure that it is the same as that used in the mix design. Tests on CQS-1hL Emulsion Minimum Maximum Test Method Viscosity, at 50°C, Saybolt Furol, sec (a) 20 100 AASHTO T59 Storage Stability, 24-hr, % Max (a) 1.0 AASHTO T59 Particle Charge Test Positive AASHTO T59 Sieve test, % Max (a) 0.10 AASHTO T59 Distillation: (b) AASHTO T59 Residue, % 60 AASHTO T59 Polymer: Polymer Solids Based on Weight of Asphalt % 3.0 AASHTO T59 Residue by distillation/evaporation, % min (b) 65 AASHTO T59 Tests on Residue Minimum Maximum Test Method Penetration, 25°C, 100g, 5s, min, dmm 40 90 T49 Ductility, 4°C, 5 cm/min, cm, min 40 T51 Solubility in Trichloroethylene, % min (c) 97.5 T44 Elastic Recovery, 25' C 60 T301 Softening Point, Ring & Ball, °C 57 T 53 a) The Contractor shall submit a Certificate of Compliance from the supplier for the above testing. This certificate shall verify that the material conforms to the applicable Project Specifications and Revisions within the installation year. b) For polymerized emulsions the distillation and evaporation tests will in be conformance with AASHTO T- 59 or CP-L 2212 with modifications to include 205 +/- 5° C maximum temperatures to be held for 15 minutes. c) The Demulsibility test shall be made within 30 days from the date of shipment. ASPHALT EMULSION — CAPE SEAL Cape Seal emulsified asphalt shall conform to the requirements for Chip Seal and Slurry Seal emulsion for each layer of treatment emulsion respectively. AGGREGATE MATERIAL Subsection 409.03 shall include the following: AGGREGATE — CHIP SEAL ROCK All materials shall be pre -tested by the Contractor, at no cost to Owner, in a qualified laboratory as to their suitability for use in the installation and conformance with project specifications. The laboratory shall issue a current report (within 6 months of installation) showing the results of tests performed on the individual materials, comparing their values to those required by this specification. The aggregate shall be washed, hard, durable, roughly cuboidal in shape and grey or black in color, and clean rock free from dirt, organic matter, clay balls, adherent films of clay, or other objectionable material. The presence of oversized material, non -uniformity in color or shape, and/or clay balls shall be grounds for rejection. 12 REVISION OF SECTION 409 SEAL COAT Samples of materials and of the finished surface shall be furnished by the Contractor as directed by the Engineer during progress of the work at no expense to the Owner. Test reports shall be required from the Contractor as additional materials arrive. Testing costs will be computed in accordance with section 1410 "Testing". Stockpiling of Aggregate: Precautions shall be taken to insure that stockpiles are carefully mixed immediately prior to use to insure uniform distribution of the moisture, and that they do not become contaminated with over- sized rock, clay, silt, or excessive amounts of moisture. The stockpile shall be kept in areas that drain readily. Segregation of the aggregate will not be permitted. Also see Section 208, Erosion Control, Dust Control, and Inlet Protection. The Contractor is solely responsible for finding and securing a suitable staging area. The location of the staging must be submitted and approved by the Project Manager prior to use. No portion of the right of way may be used for storage of any materials or equipment. Written authorization to use private property to store equipment and materials shall be obtained from the property owner and submitted to the Owner prior to mobilization and use. The Owner shall be allowed access to the load site at all times. Aggregate shall be manufactured crushed and must comply with the following: Test on Aggregate Maximum Test LA Abrasion, % loss 20 AASHTO T 96 Flat & Elongated (3 to 1), % 5 ASTM D4791 Absorption, % 2 AASHTO T 85 Sodium Sulfate 15 AASHTO T 104 Magnesium Sulfate 20 AASHTO T 104 Faces Fractured, % 100 Minimum ASTM D5821 Plastic Index (Fines) Non -Plastic AGGREGATE — CHIP SEAL Table 703-6 shall be deleted and replaced with the following table: Gradation Sieve Size 3/8" Chip Seal 1/4" Chip Seal 1/2" 100 100 3/8" 100 100 1/4" 0-35 100 No. 4 1-15 NA No. 8 NA 0-3 No. 200 0-1.5 0-1.5 AGGREGATE — SLURRY SEAL The mineral aggregate shall consist of natural or manufactured, fine grained, igneous rock (grain size less than 0.5 mm) having a positive attraction to the binder(s), shall be of the same material source,sand, crusher fines, and others, or a combination thereof and be gray in color. The aggregate shall be 100% crushed. Smooth -textured sand of less than 1.25% water absorption shall not exceed 50% of the total combined aggregate. The aggregate shall be clean and free from organic matter and other deleterious substances. When tested in accordance with AASHTO T176 or ASTM A2419 (Sand Equivalent Value of Soils and Fine Aggregates), the aggregate shall have a sand equivalent of not less than 65. When tested in accordance with AASHTO T 104, or 13 REVISION OF SECTION 409 SEAL COAT ASTM C88 (Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulphate), the aggregate shall show a loss of not more than 15% using NA2SO4, or 25% using MgSO4 When tested in Accordance with ASTM D 1664, the aggregate shall have a retained bituminous film above 95%. Aggregates that do not meet this requirement may be used for surface treatments and seal coats provided a satisfactory chemical additive or wetting agent is used to provide a water-resistant film. Use of chemical additives or wetting agents is subject to prior approval or may be waived by the Engineer. Mineral fillers such as Portland cement, limestone dust, lime, fly ash, and other approved fillers shall be considered as part of the blended aggregate, used in the minimum amount required, and manufactured in the project year. Cost of mineral fillers, if used, is to be included in the unit price of the slurry seal and shall not be paid for separately. They shall meet the gradation requirements ofAASHTO M17 orASTM D242 (Mineral Filler for Bituminous Paving Mixtures). Mineral fillers shall be used for one or more of the following reasons only: 1. To improve the gradation of the aggregate. 2. To control the time of break of the emulsion. 3. To provide improved stability and workability of the slurry. 4. To increase the durability of the cured slurry. Screening of aggregate shall be required at the quarry prior to delivery to thejob site. Oversized material and/or clay balls in the slurry seal shall because for rejection. The total aggregate, including mineral filler, shall conform to the following gradation when tested by AASHTO T27, or ASTM C 136 (Sieve Analysis of Aggregates): SIEVE SIZE PERCENT PASSING TYPE 11 3/8" ( 9.5 mm) too No_ 4 (4.75 mm) 90 - 100 No. 8 ( 2.36 mm IF 65 - 90 No. 16 ( 1.18 mm) 45 - 70 No. 30 ( 600 um) 30 - 50 No. 50 ( 330 um) 18 - 30 No. 100 ( 150 um) 10 - 20 No. 200 ( 75 um) 5 - 15 The Contractor shall submit a Certificate of Compliance from the intended aggregate producer. This certificate shall verify that the material conforms to the applicable Project Specifications and Revision of Section 409, Asphalt Slurry Seal. This certificate shall be supplemented by laboratory test data performed by an independent testing laboratory at no expense to the Owner. 14 REVISION OF SECTION 409 SEAL COAT MIX DESIGN At least two weeks prior to commencement of work, the Contractor shall submit a signed mix design covering the specific materials to be used on the project. This design shall be performed by a laboratory qualified to perform International Slurry Seal Association (ISSA) tests. Once the materials are approved, no substitution will be permitted, unless first tested by the laboratory preparing the mix design and approved by the Engineer. 1. Mix Design The qualified laboratory shall develop the job mix design and present certified test results for the Engineers approval. Compatibility of the aggregate and emulsion shall be verified by the mix design. All component materials used in the mix design shall be representative of the material proposed by the Contractor for use on the project. 2. Specifications The Engineer shall approve the design mix and all materials and methods prior to use. The component materials shall be within the following limits: Residual Asphalt Type II: 5.0% to 15.0% by dry weight of aggregate Mineral Filler 0.5% to 2% by dry weight of aggregate Additive As required to provide the specified properties Water As required to produce proper mix consistency WATER All water used in making the slurry shall be potable and free of dissolved ingredients that may prove harmful. Water shall be of such quality that the asphalt will not separate from the emulsion before the slurry seal is in place. The effect of moisture content on the specific weight of the aggregate, and the moisture content of the aggregate being used, shall be taken into account in calibrating the machine to deliver mix in the correct proportion. LABORATORY TESTING All materials shall be pre -tested by the Contractor, at his expense, in a qualified laboratory as to their suitability for use in slurry and conformance with project specifications. The laboratory shall issue a current report which shows the results of tests performed on the individual materials, comparing their values to those required by this specification. The report will provide the following information on the slurry seal mixture: TEST PURPOSE METHOD SPECIFICATION Slurry Seal Consistency ISSA T106 ? - 3 cm Excess Asphalt ISSA T109 50 g/ft' max Wet Stripping Test ISSA TI 14 IF Pass (90%min) Compatibilitc ISSA TI 15 F Pass* I� REVISION OF SECTION 409 SEAL COAT TEST PURPOSE 11ETHOD SPECIFICATION Quick Set Emulsion ISSA T102 Pass" Wet Track Abrasion ASTM D3910 I Hour Soak Loss 50 g/ft2 max (538 gIM2 max) 6 Day Soak Loss 75 g/ft' max (807 glt ' max) Mixing tests must pass at the maximum expected air temperature. ** Using specific job aggregate and emulsion content. The laboratory shall further report the quantitative effects of moisture content on the unit weight of the aggregate (Bulking effect). The laboratory report must clearly show the proportions of aggregate, mineral filler (minimum and maximum), water (minimum and maximum), additive(s) (usage), and asphalt based on the dry aggregate weight. A current and complete laboratory analysis and test report, accompanied by abraded and unabraded slurry test samples, shall be submitted by the Contractor at least two weeks prior to commencement of any work. If the Contractor performs this testing, the Engineer or his representative shall be allowed to observe all testing. AGGREGATE — CAPE SEAL Cape Seal aggregate shall conform to the requirements for Chip Seal and Slurry Seal aggregate for each layer of treatment aggregate respectively. CONSTRUCTION REQUIREMENTS - GENERAL The surface aggregate size shall be 1/4" on residential streets and 3/8" on collector and arterial streets. The Contractor shall notify businesses, schools, and residents at least 5 calendar days prior to starting each phase of the installation (see Revision of Section 630, Construction Zone Traffic Control). The flyer or door hanger shall be submitted to the Engineer for approval one (1) week prior to construction. The flyer shall include a local or toll free contact number for the Contractor and include the following: "Learn more about the City of Fort Collins Street Maintenance Program and find answers to common questions by visiting \c%cw.fcgov.com/streets." Subsection 409.04 — Weather Limitations - shall include the following: No bituminous material shall be applied as follows: I . When there is any danger the finished product will freeze before it cures completely. 2. When the pavement or air temperature is 60°F (16' C) or below and falling. 3. While puddles of water remain on the surface to be coated. 4. When a clear and probable threat of precipitation is identified. 5. As directed by the Engineer. 16 REVISION OF SECTION 409 SEAL COAT Subsection 409.05 — Equipment - shall include the following: All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory working order at all times. Unsatisfactory equipment so identified by the Engineer shall be removed and replaced without delay or cost. Descriptive information on mixing and applying equipment to be used shall be submitted for approval a minimum of seven (7) days before commencement of work. The equipment shall conform to the following minimum requirements: Pronortionine Devices Individual volume or weight controls for proportioning each material shall be provided and properly marked. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. Calibration Equipment shall be calibrated in the presence of the Engineer prior to construction. Documentation shall be provided including individual calibration of each material at various settings, which can be related to the machine's metering device(s). No machine will be allowed to work on the project until the calibration has been completed and accepted by the Engineer. Previous calibration documentation covering the exact materials to be used may be accepted provided they were made during the current calendar year. The documentation shall include an individual calibration of each material of various settings which can be related to the machine metering device(s). Verification Test strips for each mix used may be required for each machine and each mix used after calibration and prior to construction. If the test sections do not conform to the specification requirements, the treatment shall be removed at the Contractor's expense. No compensation will be made for re -application or additional test sections required due to unsatisfactory work or material. Initiation of work on the project streets shall not begin without the Engineer's approval of test sections. Cleanin¢ Eauipment A minimum of two vacuum designed sweepers having only negative air pressure at the road surface capable of removing excess aggregate and debris material shall be used on this project. The body hoppers of the vacuum sweepers shall be a minimum capacity of ten cubic yards, and the negative air pressure at the intake shall be rated at forty six inches of negative water pressure. Sweepers shall meet applicable U.S. Environmental Protection Agency Standards. Bituminous Distributor A minimum of two distributors shall be used. The distributors shall be self -powered and capable of providing a uniform application rate of emulsion varying from .05-1.00 gallons per square yard over a variable width up to twenty feet in a single pass. The uniformity of the distributors shall not vary by more than two -hundredths (0.02) 17 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. RESPECTFULLY SUBMITTED: A-1 Chipseal Co. CONTRA O BY: Z�Z Daniel J. Gryzmala 5/15/2017 Printed Date President Title License Number (If (Seal - if Bid is by corporation) v StiVhanie Wallis, Corporate Secretary Address 2505 E 74th Ave., Denver, CO 80229 Telephone 303-464-9267 Email iparks@asphaltrepair.com REVISION OF SECTION 409 SEAL COAT gallon per square yard. The distributors shall be equipped with a variable power unit for the pump and full circulation spray bars, which are adjustable laterally and vertically. Distributors shall be self -powered and include computerized application controls, a tachometer, pressure gauges, accurate volume devices, calibrated tank, and a thermometer for measuring temperatures of the emulsion in the tank. Necessary precautionary measures shall be taken to prevent diesel fuel or other cleaning solvents from contaminating bituminous material. Aeereeate Spreader The Aggregate Spreader shall be equipped with a computerized rate control for applying 3/8" and 1 /4 " chip seal material at a uniform rate of application on variable widths of surface up to 18 feet. The aggregate spreader shall be self-propelled and supported by at least four tires on two axles capable of providing a uniform application rate of aggregate from five to fifty pounds per square yard over a variable width up to twenty feet in a single pass. The uniformity of this machine shall not vary by more than one pound per square yard. The aggregate spreader shall be equipped with the means of applying the cover coat material to the surface with computerized application controls so that the required amount of material will be deposited uniformly over the full width of the bituminous material. Other types of aggregate spreaders may be used provided they accomplish equivalent results and have been approved. Slurry Snreadine Eauivment The surfacing mixture shall be spread uniformly by means of a mechanical type squeegee distributor, having a rubber -like material in contact with the surface to prevent unwanted egress of slurry. It shall prevent loss of slurry on varying grades and crown by adjustments to assure uniform spread. An appropriate mechanical device for lateral distribution of the slurry shall be operated within the spreader box. There shall be a steering device, a flexible strike -off. and a burlap type or other approved drag for the longitudinal joint. The spreader box shall be equipped with paddles or augers to agitate and spread the materials throughout the box. It shall be capable of producing a uniform surface its full width. A front seal shall be provided to ensure no loss of the mixture at the road contact point. The rear seal shall act as final strike off and shall be adjustable. The mixture shall be spread to fill cracks and minor surface irregularities and leave a uniform skid resistant application of material on the surface. The spreader box and rear strike off shall be so designed and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike off. The longitudinal joint where two spreads join shall be neat appearing, uniform, and lapped no more than six (6) inches but not less than 4". All excess material shall be removed from the job site prior to opening the road. The spreader box shall have suitable means provided to side -shift the box to compensate for variations in pavement geometry. The box shall be kept clean, and no build-up of asphalt and aggregate shall be permitted. Spreader box skids shall be maintained in such a mannerto prevent transverse chatter (wash -boarding) in the finished mat. Any type drag used shall be approved by the Engineer and kept in a completely flexible condition at all times. Rollers A minimum of two (2) rubber -tired rollers for Chip Seal and one (1) rubber -tired roller for Slurry and Cape Seal shall be used on the project unless otherwise requested by the Engineer. The pneumatic tired rollers shall be self- propelled and the gross load adjustable to apply 200 to 350 pounds per inch of rolling width, as directed. Tire pressures or contact pressures may be specified for the pneumatic tire rollers. Tire pressures on each roller shall not vary more than plus or minus 2.0 psi. The wheels on the rollers shall be equipped with adjustable scrapers, which shall be used when necessary to clean the wheel surface. Depending on the installation rates, additional rollers may be required. At no time shall the rollers travel more than ten miles per hour. The rollers shall be maintained in good condition and be operated by experienced roller operators. Sweepers A rotary broom or other approved sweeping or blowing equipment meeting applicable U.S. Environmental 18 REVISION OF SECTION 409 SEAL COAT Protection Agency Standards and the City of Fort Collins Dust Prevention and Control guidelines may be used to windrow excess material to be picked up during the Chip Seal treatment. Vacuum designed sweepers having only negative air pressure at the road surface capable of removing excess aggregate and debris material shall be used on Chip, Slurry, and Cape Seal treatments. The body hoppers of the vacuum sweepers shall have a minimum capacity often cubic yards, and the negative air pressure at the intake shal I be rated at forty six inches of negative water pressure. Auxiliary Eauioment Hand squeegees, portable emulsion spray systems, shovels, and all other equipment necessary to perform the work shall be provided by the Contractor at no additional cost to the Owner. SURFACE PREPARATION Subsection 409.06 — Preparation of Surface - shall include the following: The Owner will be performing concrete repair, patching, and crack sealing on the streets prior to the application of the surface treatments. Inlet protection for erosion control and construction material infiltration into the inlet shall be required at all inlets prior to start of Work. See Sections 208, Erosion Control and Inlet Protection, and Section 4000, Environmental Standard Operating Procedures. Prior to treatment installation, the Contractor shall be responsible for ensuring that the surface is cleaned of all loose material, oil, silt spots, vegetation, and other objectionable material. The roadway surface and gutter shall be included in cleaning efforts. Dust and other material in depressions or other places not removed by mechanical sweepers shall be swept with hand brooms. The Engineer may require washing of the pavement where other methods of cleaning do not provide an acceptable surface. Methods of cleaning shall be approved by the Engineer. Material removed from the surface shall not be mixed with the surface treatment materials. Bituminous material shall not be spread until the area has been cleaned to the satisfaction of the Engineer. All vegetation shall be removed from the surface to be sealed prior to surface treatment placement. Any dead or remaining vegetation shall be removed before sweeping. Vegetation may be removed by burning when, in the opinion of the Engineer, such burning causes no safety hazard or air pollution nuisance. The Contractor shall be responsible for the locating, protecting, and cleaning of all utility covers following the application of material. The protection method and procedure shall be submitted and approved by the Engineer. See Section 210, Reset Structures. SURFACE PREPERATION — "Slurry Transverse Crack Leveling (30" band width, 3/4 to 2" crack)" The entire surface that is to receive slurry leveling shall be cleaned of loose sand, dust, rock, mud and all other debris that could prevent proper adhesion of the asphalt coating. The cleaning shall be accomplished by power broom, scraping, blading, or other approved measures. if standing water is present it shall be completely dried with no visible leaching. Slurry shall not be applied until the surface is approved. SURFACE Leveling — "Slurry Surface Leveling (1/4 to 1/2" thickness per lift)' Slurry Surface Leveling shall be performed with the following guidelines: • Ensure all marks outlining the repair are understood prior to the work. • Clean out designated area of debris, weeds, and water. • Place material and strike off with lute, box or straight edge to bring the material up to grade. • Ensure leveling has corrected the settlement. REVISION OF SECTION 409 SEAL COAT • Wait 30 minutes and check for any areas that have sunk and need to be topped off. I.e. Sinkers. • Clean area of debris left over from the strike off and preparation. SURFACE PREPARATION — CHIP SEAL Chip Seal surface preparation shall meet the aforementioned general requirements. SURFACE PREPARATION — SLURRY SEAL In addition to Slurry Seal surface preparation meeting the surface preparation general requirements, Slurry Seal being placed over a surface that has been cleaned of oil spots shall require an approved primer application orother approved process for mitigating potential de -lamination. If the Slurry Seal is being placed over a brick or concrete surface, a highly absorbent asphalt surface, areas subjected to dusty conditions or over a surface where the aggregate has become exposed and is polished and slick, a one part emulsion, three part water tack coat of the same emulsion type and grade as specified for the slurry is recommended. This can be applied with an asphalt distributor. The normal application rate is 0.05 to 0.15 gallons of the diluted emulsion per square yard of surface (0.23 to 0.70 liters per square meter). The Engineer will have final authority to determine if tack coat is required and the rate at which it shall be applied. SURFACE PREPARATION — CAPE SEAL Cape Seal shall meet the general requirements for surface preparation above. Subsection 409.07 — Applying Asphalt Material - and 409.08 — Application of Cover Coat Material - shall include the following: Ensuring proper spread rates and material proportions is the sole responsibility of the Contractor's The Owner will continually be checking quantities using run sheets. The Contractor is encouraged to also check quantities with run sheets to avoid the penalties described herein. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor daily. The seal coat shall be applied to alternating streets to provide sufficient public parking for those residents living on streets which have been closed. Traffic will not be allowed on the newly placed bituminous material until, in the opinion of the Engineer, the bituminous material has sufficiently set and bonded to prevent damage by vehicular traffic. Areas which are subject to an increased rate of sharp turning vehicles may require additional time to allow for a more complete cure of the surface application to prevent damage. Street closures shall be opened as soon as the material has sufficiently set and bonded. Manholes and valves on streets to be slurry sealed shall be clean when the work is completed. They shall be covered in a suitable manner prior to sealing, and the covering shall be removed immediately after the street is sealed. The Contractor shall submit the method for protecting manholes and valves to the Engineer for approval at least two weeks prior to commencement of work. After sealing, the Contractor shall verify accessibility to manholes and valves to the satisfaction of the Engineer at the end of each day. Manholes and valves shall be marked by the Contractor prior to placing the slurry to insure each one is located and can be found after slurry sealing. The Contractor is solely responsible for finding and using suitable stockpile locations. The Owner shall be allowed access to the stockpile locations at all times. No portion of the right of way maybe used for storage of materials or equipment. Materials shall be stored in an area to prevent water saturation and contamination of stockpiled aggregates. On -site emulsion tanks shall be empty and cleaned of all residual asphalt prior to delivery 20 REVISION OF SECTION 409 SEAL COAT of the first load of approved emulsion. Written authorization to use private property to store equipment and materials shall be obtained from the property owner and submitted prior to mobilization and use. The Contractor shall also submit a letter of indemnification to the Owner and the property owner. Samples of materials shall be furnished as directed by the Engineer during progress of the work at no expense to Owner. The Engineer may use the recorders and measuring facilities of the unit(s) to determine application and yield rates. Yield estimates with supporting documentation from the metering devices and material delivery tickets will be provided by the Contractor to the Engineer on a daily basis. The Engineer shall schedule testing as required during the project and shall be notified 24 hrs in advance of all material deliveries. Tests may be run on the aggregate and emulsion. Test results will be compared to the specifications. The Engineer shall notify the Contractor immediately if any test fails to meet the specifications. Frequency of assurance testing will be at the direction of the Engineer. Noncompliance of materials shall be basis for rejection. It is the responsibility of the Contractor, at his own expense, to prove to the Engineer that the conditions have been corrected before work may continue. APPLICATION — CHIP SEAL Chip Seal surface treatments shall be installed as a Chip Seal (one layer) or a Double Chip Seal (two layer) installation. The surface aggregate size shall be 1/4" on residential streets and 3/8" on collector and arterial streets. The aggregate and CRS-2P application rates for a Chip Seal treatment shall be in accordance with the following: CHIP SEAL APPLICATION TABLE (one layer) Material 3/8" Chip 1/4" Chip CRS-2P-Chipseal 0.34-0.40 Gal/SY 0.28-0.34 Gal/SY CRS-2P-Fogseal 0.11-0.14 Gal/SY 0.08-0.12 Gal/SY Aggregate 22 Ibs/SY Minimum 18 Ibs/SY Minimum Double Chip Seal surface aggregate size shall be 1/4" over 3/8" on residential streets and 3/8" over 3/8" on collector and arterial streets and shall be in accordance with the following: DOUBLE CHIP SEAL APPLICATION TABLE (two layers) Material 3/8" on 3/8" Chip 1/4" on 3/8" Chip CRS-2P-Chipseal 0.68-0.79 Gal/SY 0.62-0.75 Gal/SY CRS-2P-Fogseal 0.11-0.14 Gal/SY 0.08-0.12 GaUSY Aggregate 55 Ibs/SY Minimum 50 lbs/SY Minimum The specific emulsion and cover aggregate application rate shall also be determined using factors such as surface temperature, traffic volume, existing road condition, and time ofyear. The application rate may be modified at any time during the course of the construction upon approval by the Engineer. Emulsion Application 21 REVISION OF SECTION 409 SEAL COAT Bituminous material shall be applied by means of pressure distributor in a uniform, continuous spread over the section to be treated and within the temperature range of 160 -185° F. The distributor shall be moving forward at the proper application speed at the time the spray bar is opened. Where multiple passes are required to complete the full width, the four inches adjacent to the second pass may be left with fifty percent coverage so that the next pass will complete the full application rate specified. The nozzle angle and bar height shall be set to provide one hundred percent (100) of double coverage in a single pass. A strip of roofing paper at least three (3) feet in width and with a length equal to that of the spray bar of the distributor plus one (1) foot shall be used at the beginning of each spread. If the cut-off is not positive, the use of paper shall be required at the end of each spread. The paper shall be disposed of in a lawful manner. Any skipped areas or deficiencies shall be corrected. Junctions of spreads shall be carefully made to assure a smooth riding surface. The length of spread of bituminous material shall not be in excess of that which trucks loaded with cover coat material can immediately cover. The spread of bituminous material shall not be more than four (4) inches wider than the width covered with aggregate from the spreading device and shall not spread onto the concrete, gutter, or crosspan. The Contractor shall use roofing paper or some other approved means of concrete crosspan protection to eliminate emulsion spray on concrete Under no circumstances shall operations proceed in such a manner that the bituminous material be allowed to chill, set up, dry, or otherwise impair retention of the aggregate. Application rates shall be sufficient to prevent streaked appearance in the surface. The distributor, when not spreading, shall be parked so that the spray bar or mechanism does not drip bituminous materials onto the surface of the street, gutters or private property. During all applications, the surface ofadjacent structures shall be protected in such a manner as to prevent their being spattered or marred. Any areas inaccessible to the distributor shall be sprayed by hand. All sidewalks, gutters or other surfaces where spatter is excessive, in the opinion of the Engineer, shall be immediately cleaned. A22re2ate .Annlication Immediately following the application of bituminous material, aggregate cover material shall be spread in quantities as designated. Spreading shall be accomplished in such a manner that the tires ofthe trucks or aggregate spreader at no time contact the uncovered and newly applied bituminous material. If directed by the Engineer, the cover coat material shall be moistened with water to eliminate or reduce the dust coating of the aggregate; however, excess dust will be a cause for rejection of the aggregate. Immediately after the cover coat is spread, any deficient areas shall be covered by additional material. Rolline Rolling shall proceed in a longitudinal direction, beginning at the outer edges of application and working toward the center. Each pass shall overlap the previous pass by one-half of the width of the front wheel or roll. There shall be a minimum of three (3) passes with the pneumatic -tired rollers over the entire surface prior to moving ahead. One pass will be considered the number of trips to cover the entire surface from one side of the street to the other and for the length being worked. The first rolling of the aggregate shall be made before the asphalt emulsion breaks (roller shall complete the first rolling within approximately two and one-half (2 %) minutes ofthe emulsion spray application). In no event shall traffic be allowed on the treated surface until all rolling has been completed. The aggregate shall not be applied in such a thickness as to cause blanketing. At no time shall the rollers travel more than ten miles per hour. 22 REVISION OF SECTION 409 SEAL COAT Sweeping After the application of the cover coat material the surface shall be lightly broomed or otherwise maintained as directed by the Engineer, for a period of three to four days. Maintenance of the surface shall include the distribution of cover coat material over the surface to absorb any free bituminous material and cover any area deficient in cover coat material. In those areas requiring additional cover coat material, the surface shall be rolled with a rubber -tired roller to embed the aggregate in the bituminous material. The maintenance shall be conducted so as not to displace imbedded material. At the proper time, as determined by the Engineer, all excess cover coat material shall be removed. Excess aggregate that is clean may be stockpiled and re -used in subsequent locations at the discretion of the Engineer. The Engineer may reject aggregate that has been previously applied upon visual observation of the stockpile. Clean up Emulsion sprayed on concrete crosspans will require removal by approved methods at the Contractors expense. All material swept or blown onto sidewalks, all trash, all discarded chip seal material or other construction debris shall be collected on a daily basis, removed from the site, and disposed of to a site approved by the Engineer. Foe Seal Application Within three (3) days of application of the chip seal, or as directed by the Engineer, the Contractor shall re -sweep all excess aggregate from the roadway and adjacent areas and apply a fog seal of CRS-21? to the surfaces. APPLICATION — SLURRY SEAL Slurry Seal application rate shall be 1S Ibs/sy minimum — 21 Ibs/sy maximum. The slurry shall be a homogeneous mixture, sufficiently stable during the entire mixing - spreading period so that the emulsion does not break, there is no segregation of fines from the coarser aggregate, and the liquid portion of the mix does not float to the surface. Total time of mixing, from introduction of emulsion to spreading shall be two minutes or less. Slurry mixtures placed in test strips shall conform to design mix with minor variations to obtain crack filling, bond to pavement, and desired skid resistance texture. In the event the materials do not meet the requirements for fluidity, non -segregation, or surface texture, a new job mix shall be formulated and tested. Work shall not proceed before approval of a design mix and acceptance following the placing of a test strip. General The surface shall be fogged with water directly preceding the spreader if required by local conditions as directed by the Engineer. No free water shall be on the surface of the pavement following fog spray. Rate of application of the fog spray shall be adjusted during the day to suit pavement temperatures, surface texture, humidity, and dryness of pavement surface. The slurry mixtures shall be of the desired consistency as it leaves the mixer, and no additional elements shall be added. A sufficient amount of slurry shall be carried in all parts of the spreader at all times so that complete coverage is obtained. No lumping, balling, or unmixed aggregates shall be permitted. No segregation of the emulsion and aggregate fines from the coarse aggregate will be permitted. If the coarse aggregate settles to the bottom of the mix, the slurry will be removed from the pavement. Breaking of the emulsion in the spreader box will not be allowed. No streaks as caused by oversized aggregate will be left in the finished pavement. Rippling of the finished pavement is undesirable and shall be minimized. The speed may be reduced by the Engineer, if rippling of the surface occurs. At any time that segregation, texture, rippling or application rate are in non compliance with the specifications due to mix equipment or workmanship, work will be stopped until the Owner's representative is insured that the non conformance has been corrected. 23 REVISION OF SECTION 409 SEAL COAT After lay -down work is completed and before final acceptance by the Engineer, spot application of slurry seal material may be required to correct any deficiencies such as streaking, scuff marks, tire tracks, gaps, etc. to improve the ride quality and overall appearance. Slurry seal material required to correct deficiencies due to unsatisfactory workmanship will not be paid for but shall be at the Contractor's expense. Joints The longitudinal joint between adjacent lanes shall have no visible lap, pinholes, or uncovered areas. Build-up or unsightly appearance shall be not be permitted on longitudinal or transverse joints. The use of burlap drags or other type drags shall be at the direction of the Engineer. Thick spots caused by overlapping shall be smoothed immediately with the hand squeegees before the emulsion breaks. Longitudinal joints shall be overlapped no more than six (6) inches over previously placed slurry. Slurry seal will be measured and paid for by the square yard of street surface properly sealed and accepted by the Engineer. Building paper shall be used at transverse joints to minimize or eliminate overlap. When drags are used, they must be kept clean and free of build-up. Joints shall be straight and have a neat appearance. Hand Work Approved hand squeegees with burlap drags shall be used to spread slurry in areas not accessible to the slurry mixer. Care shall be exercised as to the specified application rate and workmanship, as to leave no unsightly appearance from hand work.. Mix Stability The mixture shall possess sufficient stability so that premature breaking of the material in the spreader box does not occur. The mixture shall be homogeneous during and following mixing and spreading, it shall be free of excess water or emulsion and free of segregation of the emulsion and aggregate fines from the coarser aggregate. Spraying of additional water into the spreader box will not be permitted. Lines Care shall be taken to ensure straight lines along curbs, shoulders and joints. No runoff on these areas will be permitted. Lines at intersections will be kept straight to provide a neat appearance. Curme Slurry treated areas shall be allowed to cure until such time as the Engineer permits their opening to traffic. The slurry seal mixture shall be proportioned to permit traffic on the newly sealed surface within 1 to 4 hours of placement. The Contractor shall protect the area with suitable barricades for the full curing period, per the approved traffic control plan. RollwQ Slurry seal placed on parking lots, alleys, cul-de-sacs or low traffic volume areas, as determined by the Engineer, shall be rolled with a pneumatic tire roller with a minimum weight of four (4) tons. Rolling shall start when the slurry seal has set sufficiently to prevent any pick-up of material and rolled a minimum of three (3) coverages by the roller until a uniform surface is obtained. Payment for rolling will not be measured or paid for separately, but shall be included in the unit price for Slurry Seal. Cleanup 24 REVISION OF SECTION 409 SEAL COAT All material swept or blown onto sidewalks, all trash, all discarded slurry seal material, or other refuse shall be collected on a daily basis, removed from the site, and disposed of to a site approved by the Engineer. Slurry seal on concrete curb, gutters, and crosspans will require removal by approved methods at the Contractors expense. All applied slurry surfaces shall be swept with a vacuum style sweeper to remove any excess raveled material which becomes dislodged from the street surface after seven (7) working days. Dislodged material from the street shall be disposed of to a site approved by the Engineer. Payment for sweeping shall be paid for separately as described in Section 02000 "Revision of Section 105; Maintenance During Construction". Excessive raveling, as determined by the Engineer, shall be swept by the Contractor at no additional cost to the Owner. APPLICATION — CAPE SEAL The installation of the slurry seal layer over the chip seal layer shall be applied within three (3) working days of the Chip Seal installation. Cape Seal requirements shall follow the application specifications outlined in the above sections under Chip Seal and Slurry Seal and conform to the following: Material 3/8" Chip Arterial/Collector 1/4" Chip Residential CRS-2P-Chipseal 0.30-0.36 Gal/SY 0.26-0.32 Gal/SY Aggregate 22 Lbs/SY Minimum 20 Lbs/SY Minimum Material 3/8" Chip Arterial/Collector 1/4" Chip Residential Slurry Seal 20 Lbs/SY Minimum 1 18 Lbs/SY Minimum METHOD OF MEASUREMENT Subsection 409.09 shall be revised as follows: Slurry Seal shall be measured and paid for at the contract prices per square yard of street surface properly sealed and accepted by the Engineer, minus any reduction for noncompliance with approved aggregate and emulsion application rates. No separate payment for additional additives will be made unless approved prior to use by the Engineer. Cape Seal shall be measured and paid for at the contract prices per square yard of street surface properly sealed and accepted by the Engineer, minus any reduction for noncompliance with approved aggregate and emulsion application rates Application rates shall meet the requirements contained herein. If the yield is determined to be below the minimum application rates, the treatment will be subject to rejection or a price reduction as determined by the Engineer as follows: AMOUNT BELOW MINIMUM PERCENTAGE REDUCTION 25 REVISION OF SECTION 409 — SEAL COAT APPLICATION RATE FINAL PAYMENT 1 - 5% 10% or Rejection 5 - 10% 20% or Rejection 10%" + Determined by Engineer or Rejection BASIS OF PAYMENT Subsection 409.10 shall be revised as follows: The accepted quantities of chip seal will be paid for at the contract prices per square yard of street surface properly sealed and accepted by the Engineer, minus any reduction for noncompliance with approved aggregate and emulsion application rates. Payment will be made under: Pay Item Unit 409.01 Chip Seal (Arterial) Square Yard 409.02 Chip Seal (Collector) Square Yard 409.03 Chip Seal (Residential) Square Yard 409.04 Type II Slurry Seal (Collector) Square Yard 409.05 Type Il Slurry Seal (Residential) Square Yard 409.06 Type 11 Slurry Seal (Parking Lots) Square Yard 409.07 Cape Seal (Collector) Square Yard 409.08 Cape Seal (Residential) Square Yard 409.09 Slurry Trav Crack Leveling (30" band width,'/4 to 2" crack) Lineal Foot 409.10 Slurry Surface Leveling (1/4 to %2" thickness per lift) Square Yard 409.11 Fog Seal Square Yard The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, required traffic control devices, TCS and flagging personnel, traffic control signage, incidentals, preparing street surfaces, installing a tack or fog coat when required, rolling, clean up, and for all the work involved, complete -in - place, including haul, disposal, and cleanup as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 26 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Section 630 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 630.01 shall 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, barricades, channelizing devices, and delineators as required by the latest revisions of the City of Fort Collins "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. "The City of Fort Collins Master Street Plan" map depicting the street classifications (Arterial, Collector, and Residential) can be found at the following link: http://citvdoes.fc,ov.com ?dt-- Master7 Street=-Plan+%lap&dn=GIS - \ I -\ PS& vid= 192&cmd=showdt MATERIALS Subsection 630.02 - Signs and Barricades - shall be amended to include the following: It shall be the Contractors responsibility to clear narking from the streets when such parkin* will interfere with the Nvork. Prior to %\ ork that requires the streets) to be closed to parkin* and/or traffic: the street(s) shall be posted for "NO PARKING". "NO PARKING" signs shall be placed at a minimum of 100 foot intervals. The placement of these signs shall take place at least 24 hours prior to the commencement ofwork and shall clearly show the type of work, and the dav, date, and times that the message on the sign is in effect. ( For example. if street is to be repaired on Wednesday Julv 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. WEDNESDAY. JULY 2. 7:00 A.M. TO 6:00 P.M., Concrete Repairs (see sample "NO PARKING" sign on pace 4). "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean-up operations completed. No Parkin, signs shall only be placed, maintained and removed by a representative of the Contractor. the Traffic Control Supervisor, or Flagg The contractor shall not have "No Parking' signs up and posted where work is not anticipated. Sims that have been posted where work will not commence as posted shall be turned away from traffic. All information on the "NO PARKING" signs, with the exception of the tvoe of work• date, and time shall be in block letters permanently affixed to the sign. Anv information added to a sign, such as dates, shall be clearh legible and written in block stvle letters. The "NO PARKING" signs shall be in effect for a maximum of three (+) days without refreshing the dates. Metal sign poles and/or metal- No Parkina" siens shall not he permitted. All signs must comply A ith the most recent version of the City of Fort Collins "Work Area Traffic Control Policies and Procedures" manual. 27 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidders Qualifications 00430 Schedule of Subcontractors REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES fhe above mo (2) pictures are examples of the 'No Parl.in<w"' signs that are currently acceptable for this contract and for use in the Citv of Fort Collins. 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 shall notify the Engineer to arranae for towing. I f the "NO PARKING' sign has been in place for a minimum of 24 hours. the City will make every reasonable effort to remove the offending vehicle within four (4) hours of notification from the Contractor. The Contractor shall not be entitled to additional compensation for delays associated with the towing of illegally parked vehicles. I he Contractor shall have an approved Traffic Control Plan on site at all times. Traffic control sisna_e on the construction site shall be set up in accordance with the approved traffic control plan and in accordance with the Npecifications. Work performed be the Contractor without an approved traffic control plan or when specified and approved "NO PARKING" signs have not been placed as required by the specifications shall not be paid. fhe Contractor shall also be subiect 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 time, (unless pre -approved by the Engineer) An approved traffic control plan not on site Traffic control device set up by flagging personnel unless assisting the Traffic Control Supervisor Traffic control signage not set up in accordance with the approved traffic control plans Inadequate or untrained flagging personnel and%or non -approved traffic control devices The Engineer shall iss_uc a %%riuen warning to the Contractor. Subcontractor. and/or Traffic Control Supervisor documenting the tune of violation. The Engineer shall determine the deduction amount based on the Engineers' opinion of the infraction severits and the number of previous infractions. Upon issuance of a 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 contract. The contractor shall find replacement Traffic Control Subcontractor, TCS, and/orllacgine Personnel within two weeks of the third notice without an adjustment to contract price or working days or the Contract may be 28 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES terminated and rebid Prior to the end of each work shift the approved Traffic Control Supervisor (TCS), and the Engineer shall meet to discuss the placement of upcoming traffic control devices to include "NO PARKING" signs. The quantity of traffic control devices used that day and for the next day shall be agreed upon by the Contractor and the Engineer. Anv necessary adjustments shall be made. The Contractor and Engineer shall also review and determine the proposed means of handling narking and traffic control fir the upcoming work. It is the resnonsibilitr of the Contractor to minimi a crnr inconvenience to the public us a remelt ol'their work. The Contractor shall maintain access at all times to all businesses within the proiect. The installation schedule shall be communicated to all businesses and residents affected by the work at least 48 hours prior to starting work. AnV changes to the traffic control, as directed by the Engineer, including additional signs, barricades, and/or flaggers needed shall be immediately implemented. Traffic control shall be paid under Revision of Section 630, "Construction Zone Traffic Control" found herein. 29 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES NO PARKING Wed July 7 7:00 AM - 60000 PM CAPE SEAL woo 30 All traffic control devices shall must meet or exceed the required minimum standards. Traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. 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 style, 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 — Transportation Management Plan - shall be revised as follows: 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. 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 24 hour minimum notice to the City of Fort Collins Traffic Department when construction operations will be near a signalized intersection. Notification of residents and businesses shall be the responsibility ofthe Contractor, Contractor Representative, TCS or TCS Representative and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during concrete placement, etc.), dates and times of the work, and parking and access restrictions that will apply. Sample letters shall be provided by the Engineer. Letters with the Traffic Control Plans shall be submitted for approval by Engineer and shall be distributed by the Contractor's representative a minimum of 48 hours prior to the commencement of each phase of the work. Any sign(s) intended for overnight use shall be weighted with a sandbag to prevent the sign(s) from falling during inclement weather. Additionally, a standard traffic control cone shall be placed next to the sign in case the sign still falls, identifying a hazard for the public. 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). TRAFFIC CONTROL PLANS Traffic control plans shall be submitted on City supplied forms and approved for all work locations/areas prior to commencement of any Work. 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 Contractors Association (CCA). 31 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Typical Traffic Control Plans shall be submitted for approval to the Engineer by 8:00 a.m. two working days (48 hours) prior to the commencement of work. All plans shall be delivered to the Engineer, 625 Ninth Street, Fort Collins. Facsimiles of plans shall not be allowed. Typical submittals for residential work scheduled on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m. Full residential road closure plans shall be submitted no later than Friday morning by 8:00 am for projects starting the following week. Submittals for full closures on arterial and collector streets shall be submitted two weeks prior to the commencement of work. A Traffic Control Plan shall be submitted for each Arterial and each Collector street scheduled for work. Each residential area shall have one typical Traffic Control Plan submitted for the area. When changes to the Traffic Control Plan(s) are necessary, a re -submittal for the area shall be provided for approval. The Traffic Control Plan shall include, as a minimum, the following: (1) 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. (2) 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 II, and Type III 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. (3) Number of flaggers to be used, parking restrictions to be in affect and detailed pedestrian and bicycle movement. Variable Message Boards shall be placed a minimum of 3 working days prior to the project. For full closures on Arterials and Collectors, Variable Message Boards shall remain in place until completion of the project. For lane closures on Arterials and Collectors, message boards shall remain in place for two days after starting work. The Engineer will issue direction for the number of boards, general locations for placement, and message verbiage. Fully automated variable message boards shall be installed and operate continuously for the duration specified. Flagger stations shall be located such that approaching motorists, bicyclists, and pedestrians, shall have sufficient distance to safely stop at a specified location. The Contractor shall maintain access at all times to businesses, schools, and residents and shall communicate their schedule 48 hours prior to beginning the Work. Approval of the proposed method of handlingtraffic does not relieve the Contractor ofliability specifically assigned to him under this contract. TRAFFIC CONTROL MANAGEMENT Subsection 630.11 — Traffic Control Management - shall be revised as follows: Traffic control devices and traffic control management shall be placed under the supervision of a Traffic Control Supervisor. 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 JCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. Proof 32 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES of certification shall be submitted to the City Traffic Control Manager and Engineer, for all personnel assigned to the project. The Traffic Control Supervisor shall have approved traffic control plans for the 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 controls for street and highway construction, available at all times. One TCS shall be designated as the Head TCS. The Head TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of one week prior to commencement of the work. It is the intent of the specifications that the Head TCS is the same throughout the project, on site at all times during construction hours, and equipped with a cellular phone. The Head TCS shall be "on call" and available during non -working hours and a 24-hour telephone number shall be provided to the Engineer. The response time from the Engineer's contact outside of construction hours shall be 30 minutes or less and correction of the issue(s) shall be one (1) 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. The TCS shall be equipped with a cellular phone. The TCS duties shall include, but not be limited to 1. Prepare, revise and submit Traffic Control Plans as required. 2. Supervise and direct project flaggers. 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 (Fort Collins Bus Service), school districts and other affected agencies and parties prior to construction. 5. Notify residents and businesses at least 5 days prior to construction. a. Notifications may be accomplished by a representative of the Contractor, the Traffic Control Supervisor, or Flagger. 6. Inspect traffic control devices on a calendar day basis for the duration of the project to ensure devices are functioning properly. 7. Oversee all requirements covered by the plans and specifications which contribute to the convenience, safety, and orderly movement of traffic. 8. Flagging for emergency situations or relief of personnel for short periods of no more than 15 minutes over a 60 minute period. 9. Set up and removal of traffic control devices.. 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: 33 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES a. Date b. Time of the inspections c. Project description and location d. Traffic Control Supervisor's name e. Type and quantity of traffic control devices used per approved Method of Handling Traffic (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. Notification of residents and businesses shall be the responsibility of the TCS, TCS Representative, or Contractor and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during construction), the dates and times of the work, and the parking and access restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided by the Engineer and shall be distributed prior to the commencement of each phase of the work. Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a minimum of 48 hours prior to the commencement of work. All traffic control devices and traffic control management shall be placed underthe supervision of Traffic Control Supervisor. The Traffic Control Supervisor shall have 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 at all times. METHOD OF MEASUREMENT Subsection 630.15 shall include the following; All costs associated with the Traffic Control Plan review shall not be measured or paid for separately, but shall be considered incidental to the work. Review fees will not be measured or paid for separately, but shall be considered incidental to the Work. The City shall 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. Flagging personnel shall not be measured or paid for separately but shall be included in the unit price of the Work including break times. 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. Flagger hand signs and devices, such as Stop/Slow paddles, will not be measured and paid for separately, but shall be included in the work. The flagger(s) shall be provided with electronic communication devices as required. These devices will not be measured and paid for separately, but shall be included in the work. The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but will be considered subsidiary to the item. Sand bags and caution tape will not be measured and paid for separately, but shall be included in the work. 34 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES 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 if approved by the Engineer; however no payment will be made for the additional panel size. Business signs and detour placard street names are NOT considered Specialty Signs and will not be measured or paid for separately, but shall be included in the work. "Variable Message Boards" shall be measured and paid per each per day at the contract unit price for variable message boards as required for each area and street. "Additional Flagging" shall be measured and paid per hour only when requested by the Engineer in writing for special circumstances not already included under another item. 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. The City shall not be responsible for any losses or damage due to theft or vandalism. The City will not be responsible for any damages caused by the Contractor's construction activities to the public. Private or public property which is damaged by the Contractor's equipment or employees will be the sole responsibility of the Contractor. BASIS OF PAYMENT Subsection 630.16 shall be revised as follows: Pay Item Unit 630.01 Variable Message Board Per each per day 630.02 Additional Flagging Personnel Hour The above unit prices and payments shall include full compensation for furnishing all labor, materials, tools, and equipment and all related incidental items for "Variable Message Boards" and "Additional Flagging Personnel", complete -in -place including message modifications, as specified in these specifications, and as directed by the Engineer. All other traffic control items related to the Work including but not limited to furnishing equipment, equipment mobilization/ demobilization/ modification, TCS and flagging personnel hours, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all related incidentals required for traffic control under this contract shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work. No measurement or payment shall be made separately for traffic control related items, as specified in these specifications, and as directed by the Engineer. END OF SECTION 35 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Special conditions for work on collectors Note: Cross street traffic shall be maintained at all times unless authorized by the engineer in writing. Note: Full closures on collectors will be allowed under extreme circumstances and only upon approval by the engineer. plans shall be approved a minimum of two weeks prior to the commencement of work and/or the time required to adequately notify the public through the media. Note: Construction or repair work will not be permitted at or in the vicinity of signalized intersections or any 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 arterials and collectors between the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday excluding holidays, when all equipment, labor, traffic control devices and construction arc not in the vicinity of an intersection. the engineer will authorize such work and specify the required distance from the intersection. Note: Time restrictions on s.h. 287 (college avenue) will normally be restricted from 9:00 am to 3:00 pm. 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 residential streets shall be allowed as shown on the traffic control plans. END OF SECTION W 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 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned A-t CNpseal Company as Principal, and Western Surety Company , as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ Five Percent of Amount Bid (5%) 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, 8522 Asphalt Surface Treatment 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 Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. M MM8 MOODY INSURANCE AGENCY, INC. ® 8055 East TuMs Avenue, Suite 1000 DENVER, COLORADO 80737 PHONE: (303) 824-6600 2017 Project Area Maps • All Projects in Alphabetical Order for 2017 o Bridgefield o Mason Area o Meadowlark 1 o Old Town o Quail Hollow o Red Cedar Circle o Scotch Pines 3 o Tennyson o Village West o Waterglen o Willow Park 1 • Bid Alternate 1 o Fossil Creek Meadows 0 A Ul ry (D O Ln OD 0 T (D cu CD (D Brentwood Dr Foxbrook Way Cape n .b 0 Const@uWn Ave m m L m Constitution Ave !-nirview FOxhall Ct Cape m b� D aka <.7 m 2 a C, (n yO be ma Cape Cape s Bryan Ave Daemian PI h c4�w Cape ae� a � 6 rtiA Lynnwood Or E +� m m 2 a �J m m D Fort Collins Streets STREET MAINTENANCE PROGRAM (SMP) 2017 Maintenance Projects Map 17 of 39 . pans 2017 projects Adjacent2017 projects 2018 Projects C--1 City Limits Surface treatment —Surface treatment •• Surface treatment ®Schools •Overay —Overlay • = Overlay -Reconstruct —Reconstruct Concrete pavement —Concrete_Pvmt N Revised February 15, 2017 W+I. 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W+I: S m a +' COLORADO m STATE it o.d UNIVERSITY 1 `-- - - - -- --- --W Drake Rd 1 I +HAR SHALOM r x a PRESCHOOL AND KINDERGARTEN ;ProfffePOL e r J 9 :0 4 ■ m t] O • o � • 4 Y r 1,15 " ■ prp fi/eP Ara f/ Cape m m' U Q m o eta w 'P0fflePOL �� ► O � 0 r U 'o BEAT7IE 9 ELEMENTARY �o 4 - ■ Junr Z " Lt,ow �U • • o • Rd--- _wSwa ow Rd • .•• ' �• • e �• • a y 0 Bobolink Ct Robin Ct • 0 3 G� � • a • N b • � 0 365 730 1,460 Feet Meadowlark 1 Fort Collins ` Streets STREET MAINTENANCE PROGRAM (SMP) 2017 Maintenance Projects Map 25 of 39 . gena 2017 projects Adjacent 2017 projects 2018 Projects City Limits Surface treatment — Surface treatment - Surface treatment p Schools Overlay —Overlay Overlay —Reconstruct —Reconstruct Concrete pavement - - - Concrete_Pvmt U Mount Royal Ct ti S N Revised February 15. 2017 w+e S U c U y � d T C � C O N U `O W Drake Rd co M Lodi Ct Fox Run Ct c J N 8 G EL Y T` Cr Cher 0 330 660 1,320 Feet t i i Quail Hollow City of STREET MAINTENANCE PROGRAM (SMP) Fort ot Collins 2017 Maintenance Projects Map 23 of 39 Streets Legend N Revised February 15, . 2017 projects Adjacent 2017 projects 2018 Projects City Limits /� —Surface treatment — Surfacetreatment Surface treatment ®Schools N E —Overlay —Overlay Overlay Reconstruct —Reconstruct S —Concrete pavement Concrete_Pvmt n Laporte Ave `s� 14 14 s� E Lincoln Ave eye iy�v Vic° Jefferson St m o ey�c kej'��S GOO � 2 W Mountain Ave E Mountain Ave 287 - d W Oak U St E Oak St U Cape Cape 'sa, W Olive St E Olive St Cape 1,` LL Cape Cape a, c W Magnolia St ti Cape U Cape Cape Cape y E Magnolia St Q rQ C YOUNG PEOPLES LEARNING p� CENTER c y N E J Q U U 3 of Mulberry St d W W Mulberry St N .N m M 2 a 3 C, in a, in W Myrtle St E Myrtle St 0 412.5 825 1,650 Feet m � C Old Town /�F�ort Collins Streets ugend 2017 projects Surface treatment —Overlay —Reconstruct ®Concrete pavement Adjacent 2017 projects — Surface treatment — Overlay — Reconstruct — Concrete_Pvmt STREET MAINTENANCE PROGRAM (SMP) 2017 Maintenance Projects 2018 Projects City Limits Surface treatment =Schools Overlay Chip Conifer St Map 26 of 39 NAB, Revised February I` 2017 W+ E S a Fireweed Ln WT1111 l.WililtTd 0 187.5 375 750 Feet Red Cedar Circle 0 end o yetd N N C)1 A rr C) (o O O T CD (D U) 0 O f-! n 7 CD fn i Cape 0 m N a Cortez St m Mr c W n Leisure Dr o 0� o d� m2 � Y s Z N � sx C Z -+ D ra Z Heather Ct n m o -V m � d r Oi O v cD D n T N ,2, CD O Southmoor Dr - " fn <D W n .r -p CO W �.. — O K m n W w Cn rn Ij O W A O T rD CD 5 Q m Fishback Ave Clover Ln Bishop St N Mckinley Ave c 0 � o 3 th o• � o Shields NS Lancer -Dr — Cape Cape 7A7:tN Roosevelt Ave adeo Cape Cape ---------� Beech Ct � n A m Cape z Cape m Lyons St n; A i C) l m i h O (D Franklin St Aztec Dr p Cape n iu fl 3 y v 8 TedmonDr m 3 m o N m Cape a Madera Ct Cape Riddle Dr d Cape d Co Cape n Pearl St d a fD Cape t7 m a i � Shields N ` N Shields St SN spfa7NS � A � m �, m i l r +z I mri or) r�^F'O I� �p m r— m r— ro �• V Cl) m m D_ Z N � om Z �y Z v n �m .. 7 w �O n ;u CD i W O CI) CO U/ �. F�ort Collins ` Streets I projects Adjacent 2017 projects 2018 Projects _._- City L urface treatment -- Surface treatment Surface treatment ©Soho, Werlay —Overlay Overlay reconstruct —Reconstruct ;oncrete pavement - Concrete_Pvmt Promenade Way Cape K' STREET MAINTENANCE PROGRAM (SMP) 2017 Maintenance Projects Map 34 of 39 Np�, Revised February 15, a_ W+E S a d V11/09e.. m a°j :Park Cr>:.. 'a L) w` W Stuart St = t WySwart S�G18 iF.0 Ct o C Villa. e) ¢i,dge zU Edgewool ingsborough Or tea a �m � Freed°m �vc oa ¢ w Q Cape 5Qo GaQ Wit0aid Or m 0 c Cape Cape = m R ¢ Glenwood Dr Vm s Cape o any Cr CaoPn Cape d or ce Manon¢ster e Nm o w D n. tz heffield Ct v Essex Or a G lndev¢ � 6 CWindsor Ct m4 g Constit ion Ct N O o � m j C Scarborough Or Fop Vaiey Valley Forge Ave Ger antown ven s Ct 9m Ct w J CJ a Concord Or CL 9 ro d t L N V! 04c � Yorktown Ave >° fi Drake 1 W Drake Rd o` as a o c a Glen Haven Or roc a o' v 0 470 940 1,880 Feet i I I , Village West CONTRACT DOCUMENTS TABLE OF CONTENTS BID INFORMATION 00020 Notice Inviting Bids 00100 Instruction to Bidders 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Major Subcontractors CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (Contractor) 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00900 Addenda. Modifications. and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of May , 20 77, 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. 15th PRINCIPAL Name: A-1 Chipseal Company Address: 2505 E. 74th Avenue Denver, CO 80229 By.. 0'� e�zll nlGf �T. G-.z*47411 cU Title—pre5ijen+ ATTE . B. (SEAL) Stephanie Wallis, Corporate Secretary Western Surety Company 333 S. Wabash Ave. Chicago, IL 60604 By: (SEAL) City of STREET MAINTENANCE PROGRAM (SMP) Flirt Collins2017 Maintenance Projects `I` ll Map 38 of 39 Streets uy®na N Revised February 15, 2017 2017 projects Adjacent 2017 projects 2018 Projects _' City Limits —Surface treatment Surface treatment Surface treatment ©Schools W C ®Overlay —Overlay - Overlay —Reconstruct —Reconstruct S - -Concrete pavement - Concrete_Pvmt d is o` ny Qo' cg may m m �e i, Wagon a` Trail Rd Wi Q Rbac* OAF O` cue` 2 R�a c / yu/ Trai/pr 3lenbar Ct cm 4 a: U Cape a Cape 4 v Cape Cape Waterglen PI Gardenwall Ct Q¢ Cape n oa m � v m Glenarbor Ln Cape0 Cape m f n m S Rannoch St M Cape Cape 3 m o Berwick Ln re Or IQ Cl a V Cape m Bracadale PI 100 'a Cape B9 LochsIda Ln 6 a Cape 'P lE Bonne core or Torridon Ln ° Cape O� Cape z ci en/Ooh C1 Cad LL z Cape E Vine Dr z f T O 7 d N A a E County Road 48 0 365 730 1,460 Feet I I i i Waterglen r O LN O T m CID m1 Only, e Ci Fall River Dr Lost Creek Ct �N �7 00 m 0 m m F Starflower Dr Starflower Dr Snow Ridge Cir m C m m n H m a p m m CD Cape Flatiron Ct Moss Creek Dr ♦•♦ m • m m -I ^. ♦ b O 17 ♦ 0 = n J J • O O L ` � L g ` � (D Cape a ' n Wolf Creek Ct ,o f • D• m , Marigold Ln ; Cape Cape Table Mountain PI m, .d a.� f •' COhaW.� Goldeneye Dr or) n r+ Cr r U)p m r— m r V I w C) m CID Z ari Fossil a I eDrW Chip n cli JSsO- 2p. Frontage Rd ..(Oerrne -1?.. 0 trr.• •'">Ope Chip Lnrp Chip e z 3' A C/ Q Z at 0 �m CD -O 3 m 0 `- G) v a <D D IV 0 ^ O (n W V C y v O O O O O r— U W c O c v v L a c o v � v � > U O buo LL 7 c ro GA C a (6 G L O 4- U O a O Q O -Q � U (D O a cc C N c O O 'ate Ul) a+ — c c OJ N o 4� O O U O >� L a }ii 0 E C O j w 0 O W X a C i d 1 d I ti 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 11 3.10 Saw Cutting and Grinding 22 3.11 Abrasive Blasting 24 3.12 Mechanical Blowing 16 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 blastini, 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. Best management practice 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. ' 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. Oust generating activity or sour(,, 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. Eavthtnovincq 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. Fugitive dust shall mean solid particulate matter emitted into the air by mechanical processes or natural forces but is not emitted through a stack, chimney, orvent . _ _ _. 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. :ir rhurr u? 1,.':: i. r 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. 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 transport 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. 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. Un-lom urri rlr.:�r ;:,,>>r,r���5rr>n 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 viva 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 orowner 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. , ritr'.: ri :- 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. : L ':! i ; 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. n; c,ar nirr;tr `�rlirr; 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 Surface rourghenini j 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. 1'; ::._ ' - u 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 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Fulls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, conuituic and appoint Jody L Anderson, Evan E Moody, Karen A Feggestad, Bradley J Moody, Tina Marie Post, David Dondlinger, Individually of Denver. CO, its true and lawful Atinmey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if .such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney. pursuant to the authority hereby given, arc hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted. as indicated, by the shamholdcrs or the corporation. In Witness Whercor. WESTERN SURETY COMPANY has caused these presents to he signed by its Vice President and its corporate seal to be hereto affixed on this Ifuh day of March, 2017. o-+ytET\Ca WESTERN SURETY COMPANY `OFPa Rgf`�i 'aul T. Bruflat, Vice President State of South Dalma l County or Minnchaha .lj SS On this IGth day of March. 2017, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that be resides in the City of Sioux Falls. State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed m the said instrument is such corporate seal, that it was so affixed pursuant to authority given by the Board of Directors of .said corporation and that he signed his name thereto punuam to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires June 23.2021 k\ IMCHH Muc 1. Mohr. Notary Public CERTIFICATE I, L. Nelson, Assistant Sccretmy of WtaTERN SURETY COMPANY do hereby certify that the Power of Attorney bcminubove set forth is still in force, and further certify that the By -Law of the corporation prim d on the reverse hereof i still in force In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said cnr^—ration this J5� day of. OOE4r,, WESTERN SURETY COMPANY L Nelson, Assistant Secretary Form 1`4280-7-201'- 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 Mon"enrent Practices to Control Dusi (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. Best hfanatlerneot Practices to Control Dust (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. ii:,, r ",T ',?(]B171e/tt �,_", r;--s CO Conti -of D 7 i c (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 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. Best Management Practices to Control Dust (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 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law July adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings. Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name or the Company by the President. Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Director may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary fur the validity of any bonds, policies, undertakings. Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may he printed by facsimile. 3.5 Track -out / Carry -out 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 Practices to Control Dust (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. Best Mculagenaent Practices to Control Dust (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 17 3.7 Unpaved Roads and Haul Roads Left: This figure illustrates surface improvements on on 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 Management Practices 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. il!WS (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 P, .>s to Control Dust r r (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. d 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. Best (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. - of Dus, (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 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, orvacuuming 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 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: _A-1 Chinseal Co. 2. Permanent main office address: 2505 E. 74th Ave., Denver, CO 80229 3. When organized: 11/1992 1-1 If a corporation, where incorporated: Colorado 5. How many years have you been engaged in the contracting business under your present firm or trade name? 25 Years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) See Attached 7. General character of Work performed by your company: Pavement Preservation and Concrete Flatwork Have you ever failed to complete any Work awarded to you? No If so, where and why? 9. Have you ever defaulted on a contract? No (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, an 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.fceov.com/developmentreview/applications.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,ofFOr` Collins 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 Page 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 Dust Prevention and Control Checklist 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 D to > O L w o ° «. to > O O m ,� 01 a s U ° C m O 3 N m « V Y > > O Q > Y ` U U ~ N .a) o w. a C Y m '�O t0 (0 W X° OJ 5 >_ a C m C Y a iF -O O > J � O m Y �p -0 Q) @ a C v 0 OOD bn , ._ -o 7 C "? 3 m C m Ol Q C bC0 co '3 L m 0 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 Earthmovins 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 a 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 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. Parking 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 Contracts in Progress Iwt ewM.d sAvmt7 9301 Alum,' 2016 Slurry i Chip City d Amara Uly seal Skely SML Asphalt Percent Cu rent contrut DD 4/21/M36 E.prcicd GSA 17 157w E 32d A. Aurora, CD NMI Paul GIM4a 9410 Dnaelat County 201L 5.d Trm1 Oou,4, County Chip leak Shm Seal Asphalt C:xk Seal 2,13S,S62.62 5 2, 163, W2-19 6/6/2016 05131117 100 3of Street a130 Curb Rock, CD 80104 SIMI- Flnanca (303)660-7430 'M93 6o ldar MIC Clam" Cky of boudc CidP S4K Cyah.Tol -^ "^ 36% 5 816,46999 $ mms.16 7/S/M16 05/31/17 Fritlw. a Fiat k4an,exrmrrt boulder, M W306 WandFTaim 303 "f it 1 9597 ❑t9 of Federal Heiahn CBy of Federal Heyhu Chiwsl, Asphalt, Crack Seal, CooK te. 49% S 1,537,311,93 5 9W,203M 3/22/2016 05/31/17 23W W. %Hh Ave. redenl He14hu, C0 0C2W Dave Bbhop (303)42&152G 9734 dry of Cobndo Sprkp city Of Colorado Spnp CntkSW 15% 5 1.4"99154 $ LSM.Wim vmr2017 IS/31/17 ®t G.lecourt Coloaadosurkl CDmis eob S" 39 3a5oB13 9T79 aty of WnVNntmr City of Wnhnimler Slum Seat 1% S 467,009.513 5 W'(AG W 2/22/2017 015/30/17 6S7S Wert Urn Ake. Wettoto"ter, M =30 Barb - F..A. A/P HET 30 day 703 6Sb-2522 97" City&Brithmn ClIvora jhton Chip Seal, SWny 54ML Aylhak, CnR SOW 12%$ 716,545= $ LOMA7&00 2/24/2017 07/31/17 22 South 4th Ave &ohl0n, m90W 1 ba AYn l09 655-2036 97M town of PA,ker Tows of Parker—_-�_— Chlp Seal, Slurry Seal, Asphalt I% 5 2.296,6121] 5 2568,77212 2/24/2017 08131/17 20120 E Msinttreel Paper, CO WIM Ran Manlnn 130A WS 3163 97117 Cllyof Colorado 50fll.as Chy d Colorado Sprkp Cldp Seal is i 1,6Q1,000710. .. $ 1,600,000.W IAVM17 07/IS/27 m Gokw Court ColordoSprkp,C060915 Bob Sytrla 19 3IS4213 97M ow.twthtminner CHyofWEtnllanar ClipS.I 1% 5 S31,321.05 5 526,7mm 3/9/2017 06/30/17 6575 Wol 60th Am. W estnnner, CD 6W 30 Bath - Flnsnce A/P NET 30 day 13 MS6-2522 9790 ❑ty of ilsurntoo atydttwmmm Chip Sad, AFphd 1% 5 a00,646y7 $ 400,646Jf7 3/11/1017 07/31/17 12450 WatMr4mr1 St norm4atl [O$0241 DWt96Naiayh iO3 iu7;7s Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, Section 208.04 Best Management Practices for Stormwater. Abrasive Blasting 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) Blowing 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 http://www.fcgov.com/utilities/business/builders-and- developers/development-forms-guidelines-regu lations/stormwater-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/pdf/bmp.pdf City of Fort Collins Building Design and Construction Standards, Oct. 2013 http://www.fcgov.com/opserv/pdf/building-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/msc0005/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 General Facts/crystalline-factsheet.pdf State of New Jersey — Dry Cutting and Grinding Fact Sheet http://www.state.nl.us/health/surv/documents/dry cutting.pdf Centers for Disease Control and Prevention - Engineering Controls for Silica in Construction http://www.cdc.gov/niosh/topics/silica/cutoff saws. htmI 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://www,ncbi.nlm.nih.gov/pubmed/21058155 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 http//deohs wash in gton.edu/sites/default/files/images/general/CroteauThesis.pdf Unpaved Roads, Parking 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, 200S, 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.goy/ai rguality/business-programs-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, http://www.cerc.uses.gov/Proiects.aspx?Proiectld=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://www.nres.usda.gov/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.gov/Internet/FSE DOCUMENTS/stelprdbl251402.pdf Herbaceous Wind Barriers, Code 603, USDA-NRCS, Jan. 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nresl43 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/Publication-Particulate%20Matter.html 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/water-rep uirements-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://www.colorado.gov/pacific/cdohe/asbestos-forms Dust Prevention and Control Manual Page 37 Earthmovinit 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/npdes/swbm p/W ind-Fences-and-Sand-Fences.cfm EPA—Stormwater Best Management Practices: Construction Sequencing http://water.epa.gov/polwaste/npdes/swbmp/Construction-Seauencing.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. t/files/AP Land -Development -Guidance -Document l.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://cfpu b.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/pdf file/0006/1890S1/Health-effects-of-particulate-matter- final-Enp.pdf Preventing Silicosis in Construction Workers, NIOSH littp://www.cdc.gov/niosh/docs/96-112/ General Dust Abatement Handbook, Maricopa County Air Quality Department, June 2013. http://www.maricopa.gov/ag/divisions/compliance/dust/docs/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 construction includes, but is not limited to buildings, structures, Possible Pollutants 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 contractor is responsible for abiding by all applicable municipal, Employee/Contractor Training 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 permit applies to construction sites disturbing one Maintenance 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 i� For More Information Name Address City, State Phone Street, Curb, and Gutter Replacement and Construction 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 Oil and disposed of properly. Saw -cut slurry Trash Good Housekeeping DumpsterfWaste 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 Iarger 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 (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, 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. • 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 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. 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".SW (7191269 WlI 9915 Chvaa nonf C37y PfLxfl,.t cho Sul 0% S 692.448.10 S 692.N .AO 5/t112017 OW31/17 IIDD& SMmm 5t. lugimrrt, CO B0501 WryW 14317 9948 Weld County 2017 SIurry65s nd Weld in ty Slurry Sesl,C kSeal,S mSeal o% $ 937,19237 5 947.13237 5/12R017 U[31/17 11500 st,"t Clee4y, CO 31 lath Holbrook 910 3046396 S 26410.733A9 15 26,E61,69066 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 Good Housekeeping Dumpster/Waste Management Employee/Contractor Training Proper cleanup and disposal procedures Dry cleaning methods Related Procedures Spill Prevention and Response Street Sweeping Street Sweeper Cleaning and Waste 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 • Protect storm drain inlets and drains with curb socks, rock berms, inlet protection, or drain covers/mats prior to any maintenance activity. • 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 1 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 Add iti--:2s Concrete truck washout BMP specifications. Gravel road maintenance procedures. Page 3 of 3 Spill Prevention and For More Information 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 should be provided to the contractor so they have the Employee/Contractor Training 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 Safety Data Sheet (MSDS) for each hazardous chemical. Follow the tdoor Outdoor Vehicle Maintenance 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 1 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. Procedures • 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. 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 hall:/ /wwi,N-.cdphe.state.co.us/op/ wgce/Resources/Guidance/`sl2ilIguidance.12df and http:/ /wwv%•.cdplie.state.co.us/hni/`sl)iilsandreleases.htm 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. 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 Utility and Storm Sewer Name System Maintenance Address City, State Phone Description This procedure addresses utility and storm sewer system e-mail maintenance. Utilities include power, sanitary sewer, Possible Pollutants water conveyance systems, and the storm sewer system. Sediment Power includes electrical and gas utilities. Maintenance Nutrients of power may require excavation and reinstallation of Metals lines including open cut trenching or directional boring Hydrocarbons in landscaped areas or street right of way. Electrical and Trash gas line maintenance ensures services are provided to Good Housekeeping businesses and households without interruption. Waste Management The sanitary sewer system is cleaned as part of routine Employee/Contractor Training enc maintenance and on an emergency basis. Without Y proper maintenance, sanitary sewer back-ups and Proper Cleanup and Disposal Procedures overflows may occur and can result in potential property damage and significant health concerns if not properly Related Procedures managed. Heavy Equipment and Vehicle Maintenance Water conveyance systems are flushed and pressure Parks and Open Space tested as part of routine maintenance. Potable water Maintenance systems must be properly maintained to ensure delivery Spill Prevention and Response of water that meets State and Federal health standards. Failures result in water main breaks that can cause Street. Curb, and Gutter property damage including erosion. Replacement and Construction The storm sewer system is cleaned as part of routine Utilities and Storm Sewer maintenance and on an emergency basis in the event of System Replacement and Construction flooding. Maintenance will remove pollutants and ensure the system functions properly to avoid flooding. Vehicle Fueling 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 _a• • 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 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 clearing 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 If so, where and why? 10. Are you debarred by any government agency? No 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. See Attached 12. List your major equipment available for this contract. See Attached 13. Experience in construction Work similar in importance to this project: See Attached 14. Background and experience of the principal members of your organization, including officers: See Attached • 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. ds 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 Resoa. rr--- 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 City, State Construction 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 Organics 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 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. • The Colorado Stormwater Construction General permit applies to construction sites disturbing one acre or more, or less than one acre but part of a larger common plan of 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 (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 SRill 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 F`rt�oll_ns 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 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: 10/19/2009 Page 1 of 3 City of Fort Collins Regulatory and Government Affairs Division Fort Collins �_ 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 FortCity of $ 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 ittp./iwww.cdpiie.state.co.Lis/wq/PermitsUnit/PolicyandGuidance/powerwash.pdf 5.2 I:\RGA division\Illicit Discharge Program\Complaint Calls\pressure washinq\City nrnwer washing guidance.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 Descrintion 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 Equipment/Vehicle 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. Pagel 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 ,. _.,.w_,. _..., .._..�._ 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 A-1 C' 11 Co. Largest Completed Prof, - for the Past Five Years Uft.P&tea s/tsrm17 lnlbaa Contract 5 Final Contract S Cit-eiiij$ value Self-Performid $ Projilit Nami- bv;_rte�i_Rann' c', A-d-drew—Contact '-__P_wT4kt_D e SET" P t in I Completion Date UquldilWd'I ' Amount $' 3,095,408.80 Amount 5 3,112,779.36 -$ 3,095,408.80 Value. S 2,992,956.78 Aurora 2016 Surface Treatment Progr -Nameap!IftneNc. City of Aurora Chipseal, Slurry Seal, - - 12/10/16 Darn2getl No 15740 E 32nd Ave Asphalt If303) Aurora, CO 80011 Raul Grie.go 326-B208 $ 2,715,915.45 5 2,818,977.45 5 2,715,915.45 5 2,147,946.43 Broomfield, City of City of Broomfield Chipseal, Slurry Seal, 12/14/12 No One DesCombes Drive Capeseal, Concrete, Broomfield, CO 80020 Asphalt Les Weilacher (303)464-5675 $ 2,666,139.34 $ 2,772,798.98 $ 2,666,139.34 5 2,432,D54.29 City of Broomfield Oty of Broomfield Concrete, Patching, Paving, 12/06/13 No One DesCombes Drive Chip Seal, Slurry Seal, Crack Broomfield, CO B0020 Seal Les Weilacher (303)464-5675 $ 2,459,649.64 5 2,478,194.86 5 2,459,649.64 5 2,081,452.22 Broamfield,City of City of Broomfield Chipseal, Slurry Seal, 12J31/14 Nei One DesCombes Drive Capeseal, Concrete, Broomfield, CO B0020 phalt Les Weilacher (303)464-5675 $ 2,388,780.71 S 2,17-7,465.52 5 2,177,46552 arcomfleld,Cityof City of Broomfield Chipseal, Slurry Seal, 12/31/16 Na One DesCombes Drive Capeseal, Concrete, Broomfield, CO B0020 Asphalt Les Weilacher (303)464-5675 5 2,001.53,I47 5 2,031,542.70 S 2,001,534.47 5 1,984,657.44 City and County of Denver 2014 City & County of Denver Chipseal, Crackseal 10/31/14 No 201 W. Colfax Ave. Denver, CO 80202 Acct. Payable/Dave Ockers (3031 44&3466 $ 1,848,448.63 $ 1,817,843.66 $ 1,348,448.63 5 1,749,768.12 Aurora Surface Treatment Progr City of Aurora Slurry Seal, Paving 20/17114 No 15740 E 32nd Ave Aurora, CO 80011 Raul Griego (303) 326-8208 $ 1,593,768.75 5 1,591,884.95 5 1,593,768.75 5 2,466,829.95 City of Denver City & County of Denver Chip Seal, Slurry Seal, Crack 12/14/12 No 201 W. Colfax Ave. Seal Denver, CO 80202 Acct. Payable/Dave Ockers (303)446-3466 $ 1,514,68220 $ 1,540,15".99 $ 1,514,68220 $ 1,151,271.27 Coorado Department of Transpo Colorado Dept. of Transport 12/14/12 No 4201 E. Arkansas Room 158 77e7 Denver, CO 80222 Rick (720) 299-5552 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 Outdoor Fleet Maintenance Description Although it is recommended that fleet maintenance activities be conducted indoors or under cover, it is sometimes necessary to perform fleet maintenance outdoors (e.g., equipment is too large to fit inside the maintenance building, temporary repairs need to be made before the equipment can be moved to the maintenance building, breakdowns, service calls). Some potential pollutants typically associated with outdoor fleet maintenance activities include oil, antifreeze, brake fluid and cleaner, solvents, batteries, and fuels. Consult the Spill Prevention and Response procedure and the Vehicle Fueling procedure for additional information on those topics. 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, Tarps and regulations. 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. Pagel 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 Heavy Equipment and Vehicle For More Information Name Maintenance Address City, State Phone Regular maintenance of municipal vehicles and equipment, or e-mail municipality -contracted vehicles and equipment prolongs the life of the municipality's assets and prevents the leaking of hazardous Possible Pollutants fluids commonly associated with normal wear and tear of vehicles Metals and equipment. Toxins Potential pollutants generated at vehicle maintenance facilities Solvents (degreasers, paint thinners, etc.) include oil, antifreeze, brake fluid and cleaner, solvents, batteries and fuels. Antifreeze Brake fluid and brake pad dust When services are contracted, this written procedure should be Battery acid provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the Motor oil contractor is responsible for abiding by all applicable municipal, Fuel (gasoline, diesel, kerosene) state, and federal codes, laws, and regulations. Lubricating grease Good Housekeeping Procedures Maintenance activities should be performed inside a maintenance Drip pans building unless the equipment is too large to fit inside or Tarps temporary repairs need to be made before the equipment can be Covered outdoor storage areas moved to the maintenance building. Consult the Outdoor Fleet Secondary containment Maintenance procedure when it is necessary to perform repairs Proper disposal of used fluids 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 Outdoor Fleet Maintenance overtopping and properly dispose of fluids. 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 A-1 Chipseal Co. Largest Completed Projects for the Past Five Years Urn upNtt4 5/t5/]pt) Initial Contract S Final Contract Category S Value Project [Feiiiiifthin— Completion Date Liquidated $ 1,612,700.62 S 1*496,14114 $ 1,496,141.24 fort Collins 2016 Asphalt Surfacing City of Fort Cd n Chip Seal, Hot Chip Seal, 20/31/16 ffo N. College Ave. Asphalt 1281 Fort Collins, CO 80522 Stan Welsch - Finance Debbie D (970) 416-2091 $ 1,405,455.60 $ 1,475,737.31 $ 1,405,455.60 5 731,676.80 Thornton Chip seal City of Thornton Slurry Seal 12/06/13 No 12450 Washington St Thornton, CO 90241 Daniel Galanaugh (303)538-7375 $ 1,296,271.92 5 1,461,670.52 $ 1,461,670.52 Parker 2016 Slurry 9, Chipseal Town of Parker Chipseal, Slurry, Asphalt, 08/31/16 No 20120 E Mainstreet Concrete Parker, CO 80138 Ron Martinez (3031805-3163 $ 1,446,381.97 $ 1,445,721.96 $ 1,446,381.97 5 1,379,735.81 Fort Collins, City of City of Fort Collins Chip Seal and Slurry Seal 10/31/13 No 281 N. College Ave. Fort Collins, CO 8D522 Stan Welsch -Finance Debbie D (970)416-2091 S 1,439,369.91 5 1,429,738.85 5 1,439,369.91 5 1,407,312.09 Aurora Surface Trimt Program City of Aurora Slurry/Paving 11/30/13 No 15740 E 32nd Ave Aurora, CO W011 Raul Griego (303)326-8208 5 1,437,840.98 5 1,386,522.94 $ 1,437,940.98 5 1,339,603.33 Weld County Program Weld County Slurry and Seal Coat 10/15/13 No 1150 O Street Greeley, CO SM31 Josh Holbrook (970) 304-6496 5 1,S78,593.26 5 3,343,526.96 5 1,578,593.26 $ 946,233.99 Arvada, City of City of Arvada Chip Seal, Patching, Crack 12/14/12 Na P.O. Box 8101 Seal Arvada, CO 800018101 Christopher yaney (720)898-7730 $ 1,408,37950 5 1,338,518.50 $ 1,408,379.50 5 1,337,166.50 Adams County Adams County Chip Seal 10/19/12 No 44305. Adams County Parkway Brighton, CO 806018212 Uz Estrada 1720)523-6052 5 1,029,556.09 5 1,337,796.95 $ 1,029,556.09 5 1,283,293.10 City of Fort Collins City of Fort Collins Chip Seal, Slurry Seal, 11/30/14 No Operations Services Patching Fort Collins, CO 90522 Monty Wagner 19701 224-W61 A-1 C' d Co. Largest Completed Projo.`, for the Past Five Years um opus s/u/mv Initial Contract 5 Final Contract Caiegcry$Val6e' 1- "Self.P_erfiii�eiit ProjectName �&n_erls Name, Addmn, Contact r Amount $ 1,359,762.44 Amount $ 2,306,698.18 $ 1,359,762.44 Value $ 1,043,441.87 Westminster, City of Nor"& & phone NO. City of Westminster III Seal and Hot Chlp Seal 10/31/13 I —Damages _MlNo 6575 West 88th Ave. Westminster, CO 80030 Barb - Finance A/P NET 30 days (303)658-2522 5 1,396,563.80 5 1,295,536.67 5 1,396,563.80 5 1,026,098.74 CDOT-US 160 Alamo" East Colorado Dept. of Transportatl Chlpseai 10/01/15 No 120 N Riverview Rd Sterling, CO 80751 Brett Locke (970) 522-0481 5 1,573,506.05 $ 1,276,559.43 $ 1,573,506.05 S 817,673.87 City of Arvada City of Arvada Chip Seal, Patching, Paving, 10/31/14 No P.O. Box 8101 Crack Seal Arvada, CO 800018301 Christopher Yaney (720)898-7730 5 1,217,239.12 5 1,263,078.53 5 1,263,078.53 2016 Colorado Springs Chipseal City of Colorado Springs Chipseal 09/11/16 No 688 Geiger Court Colorado Springs, CO 80915 Ken Gianlno (719)385.6813 $ 1,174,132.26 $ 1,251,38857 $ 1,174,132.26 5 1,236,093.96 Cola Spgs 2015 Chipseal Prog City of Colorado Springs Chipseal 09/18/15 No 688 Geiger Court Colorado Springs, CO W915 Ken Glanino (719)385-6813 5 1,251,512.00 S 1,242,279.50 S 1,251,512.00 5 1,210,107.25 Commerce CityChlpseai City of Commerce City Chipseal 10/15/13 No 8602 Rosemary St. Commerce City, CO 8W22 Sean Lehocky (303) 289 8176 5 1,209,819M $ 1,196,025.67 S 1,209,819.51 5 1,144,834.43 Weld County 2014 Slurry Weld County Slurry Seal, Infrared, Seal 10/17/14 No 1150O Street Coat Greeley, CO BD631 Josh Holbrook (970)304-6496 5 558,803.33 5 1,106,940.29 $ 558,803.33 5 1,052,49056 Arapahoe County 2014 Slurry Arapahoe County Slurry Seal, Microsurfacing 04/30/15 No 76W S. Peoria Street Englewood, CO 80112 Jon Heese 1720) 874.6501 S 1,043,250.00 $ 1,036,736.53 S 1,043,250.00 $ 976,13735 Weld County Program Weld County Chip Seal, Slurry Seal, Seal 09/21/12 No 11500 Street Coat Greeley, CO 80631 Josh Holbrook (970) 304-6496 SECTION 00020 INVITATION TO BID A-1 Chipseal Co. Largest Completed Projects for the Past Five Years uC uP"IW S/WM17 Initial C&nTfact$ Final Contract 5 Category S Value Self -Performed pirciivctwarne- O—wne—K —Name. Adaiii;Z—Cin—tact— ProJWDFsc-riOion Completion Date Liquidated Amount 5 991.117.59 Amount 5 941,632.20 5 991.117.59 Value 5 409,690.17 Hot Applied Chipseal Overlay Name & Phone No. City of Fort Collins Chip Seal, Hot Chip Seal 09/24/12 Damages !b 281 N. College Ave. Fort Collins, CO 80522 Stan Welsch - Finance Debbie D (970)416-2091 $ 1,624,382.31 $ 930,117.77 $ 1,624,382.31 $ 701,541,51 STA0703-376 Colorado Dept. of Transport. Paving, Crack Seal 12/31/12 No 4201 E. Arkansas Room 1S8 Denver, CO 80222 Rick (720) 299-5552 5 812,879.20 5 882,383.10 S 812,879.20 S 364,968.98 Ciryof Thomton Clry of Thornton Slurry Seal 11/16/12 No 12450 Washington St Thornton, CO 80241 Daniel Galanaugh (303) 538-7375 $ 883,936.60 5 882,376.41 5 883,936.60 5 715,1210.91 CDOT- SH7 Lyons to Saymond Colorado Dept. of Transport. Chipseal 10/30/13 No 4201 E. Arkansas Room 158 Denver, CO B0222 Rick (720) 299-5552 5 923,233.00 S 875,825.00 5 923.233,00 5 723,587.90 Colorado Department of Trmspo Colorado Dept. of Transport. Chip Seal 09/21/12 No 4201 E. Arkansas Room 158 Denver, CO 80222 Rick (720) 299-5552 A-1 Chipseal Co. Asset List 5/15/2017 e 1103 2012 IFord Edge Black 1Light Duty 12FMDK4JCICBA53283 1407TWT 1104 2016 Lincoln MKX Black Light Duty 2LMTJ8LROGBL30104 OZ1698 1105 2016 Dodge Challenger ger Helcat Orange/Black Light Duty ' BAO890 1228 2004 Ford F-150 Red Light Duty IFTPX14544NB27736 481FHR 1229 2004 Ford F-150 White Light Duty 12FTRX17W84CA27903 464FHR 1231 2W6 Ford Explorer Burgundy Light Duty ilFMEU74836UA07038 0211XZ 1232 2007 GMC 15G0 Black Light Duty 2GTEK13M971602835 837JDB 1233 12008 GMC 15W Light Blue Light Duty 3GTEK13398G131561 746HRV 1234 120W018 Fad F-150 Black Light Duty 1FTVX14598KD53057 216HXK 1235 2008 Chevy 1500 White Light Duty IGCEK19J18E122446 217HXK 1236 2009 Lincoln Navigator Black Light Duty 15LMFL28599LJO0227 489TWJ 1237 12008 GMC 1500 White Light Duty j2GTEK638281313166 0221xz 1238 2010 Ford F-150 Black Light Duty ;1FTFW1EV7AKB34254 451TWJ 1239 2011 Ford F-150 Black Light Duty ;1FTFWIEFXBFA74599 1453TWJ 1240 2011 Ford F-150 Black Light Duty �1FTFW1EF2BFA74600 461TWJ 1241 2012 Ford F-150 - FX4 Black Light Duty i1FTFWIET4CK044599 427TV T 1242 2012 lFordF-150-4X4 Black Light Duty 1FTFW1ET0CKD44602 430TWT 1243 2012 Ford F-1 50 - 4X4 Black Light Duty 1FTFW1ET2CKD44603 432TWT 1245 I2012 Ford F-1 50 - 4X4 Black Light Duty liFTFWIET6CKD44605 431TWT 1246 2012 Ford F-150 - 04 Black Light Duty I IFTFWIET8CKD44606 434TWT 1247 2012 Ford F-150 - FX4 Black Light Duty 1FTFW1 ET7CKD44600 428TWT 1248 2012 Ford F-150 - FX4 (Black Light Duly —l' ET9CKD44601 429TWT 1250 2013 Ford F-150 - FX4 Black Light Duty 1 FTFW1 ET8DKE62477 252-XBN 1251 2013 Ford F-150 - FX4 Black Light Duty 1FTFWIETXDKE62478 254-XBN 1252 2013 Ford F-150 - FX4 Black Light Duty IFTFWlETIDKE62479 251-XBN 1253 2013 Ford F-150 - FX4 Black Light Duty 1 FTFW 1 ET8DKE62480 253-XBN 1257 2016 Fad Expendilion Grey Light Duty 1FMJKlJTIGEF26384 QZP296 1258 2016 Ford F-150 IBlack I Light Duly 1FTEWIEG4GKE77190 445-MOE 1259 2016 Fad F-150 Black Light Duly 1FTEW1EG6GKE77191 443-MOE 1260 2018 IFord F-150 Black Light Duty 1FTEWIEGBGKET7189 444-MOE 1261 2016 Ford Explorer Black Light Duty IFMSKBHT5GGC86566 BAO-891 11308 2000 Chew 2500 White Light Duty IGCGK24R6YF483659 076TFE 1309 2000 IChevy2500 White Light Duty 1GCGK24R8YF482951 077TFE 1316 2002 Chevy Silverado2500-Club Cad Black Light Duty 1GCHK29G32E10G768 082TFE 1318 2006 GMC Sierra 2500 - X-Cab White Light Duly IGTHK29U66E241 B80 215HXK 1319 2008 GMC Sierra 2500 - Club Cab Blue Light Duty IGTHK23K78FI79216 213HXK 1320 2011 Ford F-250 Crew Cab Black Light Duty J 1FiT7W2869BE680983 441TWJ 1321 2011 Ford F-250 Crew Cab Black Light Duty 11FT7W2B60BEB80984 442TWJ 1322 2015 IFord F-250 Black Light Duty 1FD7W2A60FED26528 614-ME 1323 2015 Ford F-250 Black Light Duty 1FD7W2A62FED26529 615-MOE 1324 2015 Ford F-260 Black Light Duty IIFD7W2A69FED26530 616-ME 1325 2015 Ford F-250 Black Light Duty IFD7WZA60FED26531 617-ME 1326 2015 Ford F-250 Black Light Duly IFD7W2A62FED26532 618-MOE 1327 2015 Ford F-250 Black Light Duty 1FD7W2A64FED26533 619-MOE A-1 Chipseal Co. Asset List 5/15/2017 Unt�� 1328 Yea:; 2015 1 Ford F-250 Blade Light Duty 1FD7W2A66FED26534 613-MOE 1329 2016 IFord F-250 Black Ught Duty 1FD7W2A65GEC96721 RA0749 1330 2016 1 Ford F-250 Black Light Duty 1FD7W2A67GE696722 RA0750 1331 2016 Ford F-250 BLACK light Duty IFT7W2A65GED22724 446MOE 1404 1997 Chevy 3500 - Flatbed / Tommylift Red Medium Duty 1GBHC34R7VF052870 531MOE 1410 1998 GMCC6500-Flalbed Black Medium Duty I1GDJ6H1C7WJ517997 218HXK 1419 2001 Chevy 3500 - Flatbed White Medium Duty 1GBJC39G11F106974 090TFE 1422 2002 12003 Ford F-350 - Crew Cab White WlGold Medium Duty 3FTSW31 F82MAD4793 092TFE 1424 Ford F-350 While Medium Duty 1FDWF36PO3EC13676 093TFE 1425 2004 GMC 3500 While Medium Duty IIGDJC34U14E247400 094TFE 1426 2WS Ford F-350 Red Medium Duty 1FTWX30P75E826371 490FHR 1427 2006 Ford F-350 White Medium Duty IIFDWF37PO6EC16323 095TFE 1428 2006 Ford F-350 - Crew Cab While Medium Duly ;1FTW W31 P86EB94472 483FHR 1429 2006 FordF350 White Medium Duty j1FTWX31P96EB98981 486FHR 1431 2007 GMC 3500 White [Medium Duty 1/GTHK33D77F181420 832JDB 1432 2007 GMC W4500 Flatbed Black Medium Duly jJODC4J16977015459 83BJDB 1433 2007 IGIVIC W450D Flatbed Black Medium Duty IJBDC4J16677014849 212-HXK 1434 2005 Ford F-350 - Crew Cab Blade Medium Duty 1FTW W31P85EB27160 497FHR 1435 2011 Ford F-550 - Crew Cab Blade Medium Duly j 1FDOW5HT5BEB89787 470TWJ 1436 2011 Ford F-550 - Crew Cab Black Medium Duly j 1FDOW5HT7BEB89788 469TWJ 1437 2004 Ford F-550 - Crew Cab White Medium Duty 11FDAW57P24EB90360 495TWJ 1440 2012 Ford F450 - Crew Cab Blade Medium Duty 1FDOW4HT6CEB41677 459TWT 1441 2012 Ford F450 - Crew Cab Blade Medium Duty 1FDUW4HTSCEB41678 482i WT 1442 2012 IFord F-450 - Crew Cab Black Medium Duty 11FDOW4HT5CEBT9305 461TWr 1443 2012 Ford F450 - Crew Cab Black Medium Duly IIFDOW4HT7CEB79306 462TWr 1445 2012 Ford F-450 - Crew Cab Black I Medium Duty I IFDOW4HT9CEB79307 463TWT 1446 2012 Ford F450 - Crew Cab Black JIVIediurn Duty j 1FDOW4HT0CE879308 052-UGR 1447 2007 Ford F-550 White IHeavy Duty j 1FDAW57PX7EA42820 552DOO 1448 2007 Ford F-550 White Heavy Duty I 1FDAW57PO7EA42826 653000 1449 2006 Ford F-550 White Heavy Duty 1FDAW57P96EC10865 532MOE 1450 2016 Ford F450 Blade Medium Duty j1FDOW4GT6GEC96723 1504 2000 Chevy 35D0 Service Truck Blade Medium Duty IGBJC34JSYF461000 109TFE 1505 2008 JGMC Sierra 3500 White Medium Duty 1GDJK39618E174645 049TFE i 1506 2011 Ford F450 Black Medium Duly 1FD9X4HTOBEB15594 411TWJ ::l 1951 1951 FordF-100 Black Light Duty F2R1KC23577 261HQD 2105 2013 FREIGHTLINER M2 BLACK Medium Duty IFVACWDTBDHBY7120 468TW7 2106 2013 FREIGHTLINER M2 BLACK Medium Duty IIFVACWDTXDHBY7121 467TWT 22D6 2002 GMCC6500-Infrared Blade Medium Duty I1GDJ7H1E12J9OD679 119TFE 2207 2002 1 GMC6500-Infrared Blade Medium Duly 11GDJ7H1E12J9OO844 394TWJ 2208 2002 IGIVIC 6500 - Infrared Yenow Medium Duty 1GDJ71-11E52J900782 112TFE 2212 12018 Kenworth-Infrared Blade Heavy Duty 13BKHHM6X7GF499503 OBt-QYT 2301 2002 nworth - Distributor Black Heavy Duty 11NKDLUOX52RO92661 472FHR 2302 2003 Kenworth - Distributor Black Heavy Duty 11NKDLBOX23j393918 473FHR 2303 2006 Kenworth - Distributor Black Heavy Duty 1NKDLBOX16RI32088 476FHR A-1 Chipseal Co. Asset List 5/15/2017 2304 2007 Heavy Duty 13FRXF75G67V508702 Ford F-760 Etnyre - Disftutor While 173TFE 2402 2007 Frelghtliner-SergkampM210 While Heavy Duty �IFVHC5CV27HW73595 479FHR 2403 2007 Freightliner- Bergkamp M210 While Heavy Duty i 1FVHC5CV07HW73594 480FHR 2407 1999 lFreightliner - Bergkamp White Heavy Duty 4VXTMCBIXHB99735 478TWJ 2408 1999 Freightliner- Bergkamp White Heavy Duty I IFVX6MCB4XPA23212 479TWJ 2409 1999 Freigh9iner-Bergkamp While Heavy Duly !1FVX6MCB6XPA23213 480TWJ 2410 2004 Freightliner - Bergkamp White Heavy Duty IIFVHC5CV44HM41401 481TWJ 2411 2005 Freightliner - Bergkamp White Heavy Duty 1FVHC5CV85HV52437 482TWJ 2449 MIN Mac black Heavy Duty 1130036 2450 Slurry Box black Equipment 2451 Slurry Box Black Equipment 2452 Slurry Box Equipment 2453 Slurry Box Black Equipment 2454 Slurry Box Black Equipment 2601 2005 lintemational Water Truck While Medium Duty 1HTMMAAL05H691787 172TFE 2701 1 1984 Freightliner Tractor Black Heavy Outy I I FUPYDYB6EP254274 646RBP 2702 11989 Peterbilt Tractor Black Heavy Duty i 1XPFDB9XOKD280720 855ESZ 2703 1989 Peterbid Tractor Black Heavy Duty 11XPFD89XXKO284368 856ESZ 2704 2012 Western Star4900SS Black Heavy Duty i5KJJALBGICPBWO8I0 602UQO 2705 2012 Western Star 4900SS black Heavy Duty 15KJJALBG3CPBWOEI I 745UOO 2707 1995 Kerworth Tractor Black Heavy Duty I IXKADR9X4SS647400 448RBP 2708 2015 Western Star 4900SB Black Heavy Duty 5KJJALBG6FPGJ3839 OZT-169 2709 2016 Freighllinner M2-106 Black Heavy Duty 13ALACXCYIHDiFO661 BB0-191 2716 11998 PetarbGl Tractor Black Heavy Duty IIXP5DU9X6WN450957 857ESZ 2717 1999 Mack CH613-Tractor Black Heavy Duty IMIAAIBYXXW095207 648RBP 2718 2000 International Tractor While Heavy Duty 2HSCEAXROYC072580 055JDE 3100 1996 Home made I Trailer Black Trailer- Equipment 1010020527CO 572RBP 3104 1999 Felling Trailer, With lee Boy 150t Tack Black Trailer - Equipment 5FTUE1013XIO12638 576RBP 3106 2000 Maxeyl4'Trailer Black Trailer - Equipment lLHTIDBTIYI010719 649RBP 3110 2001 Trailer 16' Wrap Red Trailer - Equipment 5CVUS16251SO09720 831ESZ 3112 12001 Hip Top Trailer Black Trailer - Equipment IDI2052245CO 653RBP 3113 2002 Maxey 20' Trailer Black Trailer - Equipment 15APDUI6252LOO1611 654RBP 3114 2002 Maxey 15' Trailer Black Trailer- Equipment I1M9DT12E221104264 655RBP 3115 2003 Trailer Exp. 16' Utility Black Trailer - Equipment 5CVUS16283SO20679 833ESZ 3116 2003 Maxey 15' Trader Black Trader - Equipment 1MOT12EX31104353 666RBP 3117 2004 iTempeo 12' Trader Black Trailer - Equipment 1 T9P361244M737266 657RSP 3119 2004 Landoll 16' Trailer Black Trader - Equipment 1 LHTI OST341013499 659RBP 3121 2005 Landoll IV Trailer Black Trailer - EgUpment lLHTIOBT151014085 660RBP 3126 2006 N Utdity Trailer Gray Trader - Equipment 14P5CH162162DBMI 146-UGX 3129 2006 Innovated Trailer MFG Black Trader - Equipment 15PDAU1013GROO4737 662RBP 3131 2007 Trailer Black Trader - Equipment 14ZETD2D2871036081 664RBP 3133 2007 Maxey 15' Trailer Black Trader - Equipment 1M9DT12E471104077 I666RBP 3134 21307 Landoll 16'Trader Black Trailer -Equipment JILHSlODT071015MB 1667RBP A-1 Chipseal Co. Asset List 5/15/2017 3135 2008 �� Trailer - Equipment IDTL000069AA Plaie 66ORBP Home Made Black 3136 2008 PJ Utility Trailer Black Trailer - Equipment 14P5FB222181112069 567FHR 3137 2008 Carry On Trailer White Trailer - Equipment 14YMCLO8198T019302 568FHR 3139 2010 Big Tex 18' Trailer black Trailer - Equipment 16VFX1828A2357664 861JDC 3140 20I1 iTowmaster Trailer Blade Trailer - Equipment 14KNTT1629BL161202 104UGU 3141 12015 Ift Tex Undity Trailer Stack Trailer - Equipment I16VFX2020F2025887 3142 2016 Cargo Mate White Trailer - Equipment 5NHUEHV24GY0-12498 QZS-794 3206 2007 Trallboss 20 ton yellow Trailer - Equipment 4SODP302481002806 960RBP 3301 2006 Trailtim 50-ton Tri-axie Black ,Trailer - Lowboy 45ODK533561002661 673RBP 3302 2006 Trail King Trailer 48' Black Trailer - Lowboy ITKA048246M045941 836ESZ i 3303 2007 Trail King Trader 48' Blade Trailer - Lowboy 1TKA048257M030825 070JDE —1 3400 1969 Fruehauf Tanker Silver Trailer - Tanker OM16650C 847ESZ 3402 1964 jFreuhauf Tanker Silver Trailer - Tanker FRE225501 852ESZ 3403 1972 Beall Tanker Black Trailer - Tanker IDITS2291711 853ESZ 3404 1973 IFruehauf Tanker Silver Trailer - Tanker FRR518004 570FHR 3405 1977 1 Temple Tanker Pup Silver ITraller - Tanker ID77158103 850ESZ 3406 1980 Cowboy 2 Axle Trailer Pup Silver Trailer - Tanker ITRI100580 843ESZ 3407 1980 Cowboy 2 Axle Trailer Pup Silver Trailer - Tanker 4R100780 542ESZ 3408 1985 Fruehauf Tanker Silver Trailer - Tanker jIH4T04320FL009806 838ESZ 3409 2007 EtnyreTanker Silver Trailer - Tanker IIE9T582867EO07273 071JDE 3410 1969 Trailmobile Tanker silver Trailer - Tanker IF40744 087UGU 3411 1970 IFnjehaufTanker silver Trailer - Tanker IUNM363501 086UGU 3412 1975 Wilco Tanker silver Trailer - Tanker IAT14274 085UGU 3413 1980 Heil Tanker silver Trailer - Tanker I9WS76 084UGU 3414 2016 Tanker - Elnyre Stainless Steel ITrailer - Equipment 1E9T7893XGE007264 =347 3502 1991 Lufkin Dump Trailer Black Trailer - End -Dump 1L01C3826M1092977 447RBP 3510 2000 Rancho Rock Dump Trader Black Trailer - End -Dump 1R9ESC500YL008275 736RBP 3511 2002 lClement Dump Trailer White Trailer - End -Dump 5C2BB38802M003522 849RBO 3512 2004 Trail Kng Live Bottom Trailer White Trailer- Live Floor ITKLC41264W036184 84ORSO 3513 2004 Trail Ong Live Bottom Trailer Black Trailer - Live Floor 11TKLC41204WO47312 547RBO 3602 2004 Marathon Crackseal Blue j2M9GW1T04HIQ2128 556RBP 36()9 2011 Cimdne 230 Metter Red JEquipment IC92MI522BMI 19168 716-UGY 3610 2012 Cimline 230 Metier Red I Equipment lIC92MI52XCM119114 617-UGX 3611 2012 Cimline 230 Metter Red Equipment 1C92M1520CM119123 616-UGX 3612 2016 Cimline Magma 230 Red Equipment llG924152XGM119065 QZX-251 3613 2016 Cimline Magma 230 Red Equipment !1G9241528GM119064 OZY-537 3614 2016 Cimline Magma M4 Green/Black Heavy Duty 1G94M1625GM119160 QZX-319 3653 2003 Gilcrest Tack Tank Orange Equipment 1P98T111531446016 903ESI 3655 2012 LeeBoy 150T yellow Equipment 189AA1116CI309554 268UGX 3660 2008 Seal Master TR-575 black Equipment 1S9A5182380420551 152UGU 3661 2011 ISeal Master TR-575 Black Equipment 1S9A5182XB0420649 166UGU 3804 2007 Wanco Arrow Board Orange Small Engine Equipment 5FIlSIO1371001918 554FHR 3805 2009 lWanco Mow Board orange Small Engine Equipment 5FIIIS101881001558 NSSUGU 3806 2006 lWanco Mow Board orange Small Engine Equipment 15FIlSlOI561002227 717-UGY A-1 Chipseal Co. Asset List 5/15/2017 3850 2005 Wanes Message Dir. Orange Small Engine Equipment i5F12S121551001692 907ESI 3851 2005 Wanco Message Dir, Orange Small Engine Equipment 5F12S121751001693 906ESI 3852 2011 Wanco Message Board orange Small Engine Equipment �5F12S1016B1004424 892XUS 3853 2011 Wanco Message Board orange Small Engine Equipment 15F12S101XB1004425 893XUS 3854 2011 [Wanco Message Board orange Small Engine Equipment j5F12S7011B1004426 894XUS 3855 2011 Wanco Message Board orange Small Engine Equipment 15F12S101381004427 895XUS 3855 2011 Wanco Message Board orange Small Engine Equipment 15F12S1015B1004428 890XUS 3857 2011 Wanes Message Board orange Small Engine Equipment I5F12S7017B1004429 896XUS 3858 2011 Wanco Message Board orange Small Engine Equipment 5F12S101381004430 897XUS 3859 2011 lWanco Message Board orange Small Engine Equipment 5F12S1015B1004431 898XUS 4110 2007 iWacker Roller Yellow Equipment 5740143 X320154 4111 2007 lWacker Roller IYellow JEquipment 5748467 X320155 4112 2010 Bomag BW90-AD-2 Yellow Equipment 101460541012 X432710 4113 2010 Bomag SW 90-AD-2 yellow Equipment 101460541011 X320157 4114 Viibco GR 3200/20151380 Honda GX160 OX2 GOBPT- Small Engine Equipment 1923285 4115 Wacker Roller Yellow Small Engine Equipment .30059639 4157 2007 DynaPac CC122 yellow Equipment I60130367 X320160 4161 12012 Somag8W120AD4 Yellow EEquipment 861B80181869 4162 2015 Bomag SW138AD Heavy Duty i101650172046 X473711 4200 2006 LeeBoy 420 Pneumatic Roller Yellow Equipment 45763 X245212 4201 2008 LeeBoy 420 Pneumatic Roller yeilow Equipment 149521 X245213 4202 2012 LeeBoy 420 Pneumatic Roller Yellow Heavy Duty !79703 JX467646 4203 2016 LeeBoy 420 Pneumatic Roller Orange Heavy Duty 1105317 X531005 4204 2016 LeeBoy 420 Pneumatic Roller Orange Heavy Duty 1134818 X531006 4251 2000 Hypac Roller Yellow Equipment ;109A22201760 X395943 4252 2002 Hypac Roller Yellow Equipment i109A22201942 X395944 4253 2005 Hypac Rolf Yellow Equipment I901A22202173 X395M 4264 2006 Hypac Roller Yellow Equipment 1901A22202277 IX245215 4255 2003 HypacC530AH Yellow Equipment 1901A2202041 X245216 4291 2011 Seaknaster Buggy SIR 575 black Equipment IE1005011 IX245218 4305 12005 Bobcat S250 White Equipment j526017661 X245223 4307 2007 Bobcat S300 White Equipment 1531113625 X395946 4310 2015 Bobcat S750 Skid Steer white Heavy Duty ;ATOZ14983 X473708 4311 2015 Bobcat S750 Skid Steer White Heavy Duty 1ATDZ14975 X473709 4312 2015 Bobcat S750 Skid Steer white Heavy Duty :ATDZ15102 X-539905 4313 2016 Bobcat S740 Skid Steer White Equipment �B38T11643 X531007 4314 2016 Bobcat White Heavy Duty IB3BT11684 X•529450 4340 1992 TCM FG30NT Forklift Yellow Equipment 'A23560725 X245226 4341 2011 Clark C50S Forklift Green Equipment lP455D-0119-9801KF x245227 4354 2007 Volvo L180E Yellow JEquipment 1180EV9166 467UGT 4355 2004 Volvo L90E Yellow Equipment ;L90EV66508 905ES1 4356 2005 Volvo L90E Yellow JEquipment j190EV67053 053JOE 4403 2012 Carlson Commercial Paver Yellow Equipment 1CP-1360211 A-1 Chipseal Co. Asset List 5/15/2017 ew ,4404 2012 ICartson Commercial Paver 71 Yellow Equipment CP-1730512 r4405 12015 i 14452 I2005 Carlson CP100 1 BearCat Chipper Yellow Orange Heavy Duty ICP2880115 Equipment ;189BC61205A173007 X473710 X320166 4454 i2011 IBearcatChipspeader Orange Equipment 1898C1628BA173008 X245231 4550 I2007 Broce Broom MK-1 Orange Equipment 500027 563FHR 4605 2006 Elgin Sweeper/Sterling White Equipment 149HGWFAA7YHF84351 210ESC 4605 2009 ISchwarze T750OGMC white Equipment 1GDM7F1B99F405540 153UGU 4607 2000 Frieghtliner/Johnston sweeper white I Equipment 1FV67FAAOYHG76159 554UGT 4609 2001 SterGng/Elgin Geovac white/green wh8ehed Equipment Equipment j49HAA08V411-1.112707 49HAADBV35DN9%78 891XUS 080UGX 4610 2005 Sterling/Elgin Geovac 4703 2012 CAS Conveyor Yellow Equipment iCR9RL34XCJ090022 710-UGY Attachn,�nt 6 NE 'SEAL Key Personnel Years of Name Experience Present -. .. Employment Daniel J Gryzmala 15 President, Estimator, Owner Operations, Estimating, Contract Compliance, EEO & Safety A-1 Chipseal Co. 2007 -Current Mana er. Quality Assurance, Customer Service, Cost RG Insulation 2D01-2007 Nick Zieser 31 Treasurer, Owner Financial Advisor, CPA, Problem Solving, Acquisitions, Legal, A-1 Chipseal Co. 2007-Current Board of Directors CFO Management 2D09-Current Stephanie Wallis 15 Controller, Corporate Secretary Cost Accounting. Contract Compliance, EEO & Safety, A-1 Chipseal Co. 2D07-Current Financial Review. Audits, Customer Service W.L. Contractors 2005-2007 Rick Whitfield 33 Vice President Operations, EEO & Safety Manager, Quality Assurance, A-1 Chipseal Co. 2009 - Current Customer Service. Cost Accounting. Project Management, Job Black Rock Paving 2004-2009 Sylvia Rosenbach 24 General Accountant Cost Accounting, Unit Price Billing, AIA Billings, Contract A-1 Chipseal Co. 2012 - Current Compliance. Payroll, Human Resources AmWest Control 1992-2012 John Johnson 36 Estimator Estimating, Customer Service, Cost Accounting, Job A-1 Chipseal Co. 2010 - Current Performance, Contract Compliance, Project Management Sem Materials 2007-2009 Joshua Kruger 18 Colorado Spnng Branch Manager Estimating, Customer Service, Cost Accounting, Job A-1 Chipseal Co. 2009 - Current Performance, Contract Compliance, Project Management Aztec 1996 - 2008 Kevin Fumey 25 Distributor Operator Distributor Operator, Safety A-1 Chipseal Co 1996 - Current Western Mobile 1991-1996 Jaime Walton 13 Estimator Estimating, Customer Service, Cost Accounting, Job A-1 Chipseal Co. 2009-2011 Performance. Contract Compliance, Project Management Rocky Mountain Pavement 2005-2009 Jason Parnell 20 Concrete Superntendant Customer Service, Crew Management, Job Performance, A-1 Chipseal Co. 2015-Present Employee Training. Safety Martin Marietta 1998-2016 John Perrin 21 General Superintendent Estimating, Customer Service, Cost Accounting, Job A-1 Chipseal Co. 2009-Current Performance, Contract Compliance. Project Management Rocky Mountain Pavement 2008-2009 Rogeho Contreras 21 Slurry Seal Superintendent Customer Service, Crew Management, Job Performance, A-1 Chipseal Co. 2013 - Current Employee Training. Safety RG Insulation 1995-2013 Dana Turner 9 Slurry Seal Foreman Customer Service, Crew Management, Job Performance, A-1 Chipseal Co. 2007 - Current Employee Training. Safety Rogelio Lopez 3 Slurry Seal Foreman Customer Service, Crew Management, Job Performance, A-1 Chipseal Co. 2013 -Current Employee Training. Safety Dennis Martinez 40 Estimator Estimaling, Customer Service, Cost Accounting, Job A-1 Chipseal Co. 2013-Current Performance, Contract Compliance. Project Management Lafarge 2D00-2013 Luis Ortega 22 Slurry Seal Superntendent Estimating, Customer Service, Cost Accounting, Job A-1 Chipseal Co. 2006 - Current Performance. Contract Compliance, Project Management Quality Paving 1994-2006 Zach Fumey 6 Chrp Seal Foreman Safety, Traffic Control, Crew Manangement A-1 Chipseal Co. 2010 - Current 15. Credit available: $ 11MM 16. Bank Reference: Sunflower Bank, Elaine Shannon 720-931-5972 17. Will you, upon request, fill out a detailed financial statement and furnish any other Financials are available for review at our information that may be required by the OWNER? office by a000intment. 16. Are you licensed as a General Contractor? See Attached If yes, in what city, county and state? What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract? Yes If yes, what percent of total contract? 5.57 And to whom? American Sign Company & Green Earth Environmental 20. Are any lawsuits pending against you or your firm at this time? No IF yes, DETAIL 21. What are the limits of your public liability? DETAIL See Attached What company? 22. What are your company's bonding limitations? 10MM/20MM 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. N_ A-O N E CHIPSEAL Contractors Licenses Owner Type Number Aurora, City of Contractors License - Asphalt Paving 2016 1067365 00 CL Aurora, City of Business License 49259 Aurora, City of Contractor License - ROW Asphalt Paving 2012616758 00 CL Avon, City of Contractor License CCO0765 Black Hawk, City of Contractor License C1405 - See Mailed Letter Boulder, City of Contractors License -Right of Way LIC-0008814-28 Brighton, City of Contractor License - Type D CL-02990 Broomfield, City of Contractor Registration-GenA OL-13-06474 Denver, City & County of ROW - Paving 234637 Englewood, City of Contractors License-D05 Exc/Drill/Drain 15537 Erie, Town of CL - Contractors License - Class C GC - 000214-2015 Evans, City of Business and Sales & Tax License 9726 Firestone, Town of Contractors License - Type C 17C-FIRCO-081 Fort Collins, City of Non-Structuraf Concrete License no assigned # Fort Collins, City of Contractors License & Right of Way License no assigned #i Fort Collins, City of Right of Way License no assigned ## Fort Lupton, City of Contractor License - Type B 2017025 Frederick, Town of Contractors License 553 Golden, City of Contractors License 2326 Greenwood Village, City of Contractors License - Level D OL-13-01414 Lafayette, City of General A License L08-131 Lakewood, City of Contractors License 15507 Louisville, City of Contractors License - Type D CL00239 Sterling, City of Building Contractor License 2012-136 Thornton, City of Asphalt/Concrete Paving License - Type D 24100 Vail, Town of Contractor Registration 374-A Westminster, City of D-Public Way Contractor 60731047 Wheat Ridge, City of Class B 20478 Winter Park Business License 3860 SECTION 00020 INVITATION TO BID Date: April 21, 2017 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 May 15, 2017, for the Asphalt Surface Treatment Projcet; BID NO. 8522. 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 8522. The Work shall consist of the application of chip seals, cape seals, slurry seals, fog seals, slurry leveling, and the appropriate cleaning work both pre and post projects. 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 Project Manager, Bennett Ashbaugh, 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 3, 2017. 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.bidnetdirect.com/colorado Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. 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. Dated at 3:00 PM this 15th day of May , 2017. Compaan�n//: A-11 Chips al Co. By: Oj (;' Title: President State of Colorado County of Adams Daniel J. Gryzmala Printed: Daniel J. Gryzmala being duly sworn deposes and says that he is President of A-1 Chipseal Co. (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 15th day of May 20 17 ``NN.`CQNANlE%,�, t ` `' (tea}) 1`r i otary blic Stephanie Wallis A •—� _�'_ S y 400 Lo o y, 0 My commission expires: 3/28/2021 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 25% of the contract. ITEM No Subs Performing over 25% SUBCONTRACTOR SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: June 14, 2017 TO: A-1 Chipseal Co. PROJECT: 8522 Asphalt Surface Treatment Project OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated May 15, 2017 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8522 Asphalt Surface Treatment Project. The Price of your Agreement is One Million Nine Hundred Seventy Nine Thousand Eight Hundred Ten Dollars ($1,979.810). 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, 2017. 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 ContAt Documentsrattached. lins Gerry Paul—/ Purchasing Director SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 14`hday of June in the year of 2017 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and A-1 Chipseal Co. (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 8522 Asphalt Surface Treatment Project and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by the City of Fort Collins Streets Maintenance Program, 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 This is a one year agreement but, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties. 3.2 The Work shall be Substantially Complete within Forty (40) working days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within Forty -Five (45) calendar days after Substantial Completion. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 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 ($1 000.00 for each working day or fraction thereof that expires after the Forty (40) working day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Zero Dollars ($0) for each calendar day or fraction thereof that expires after the Forty -Five (45) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: One Million Nine Hundred Seventy Nine Thousand Eight Hundred Ten Dollars ($1,979,810), 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 00960. 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 NA to NA. 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: C OF FOf iil CJLLINS By. �r GERRY P L PURCHASING DIRECTOR Date: Attest: Address forgiving notices: P. O. Box 580 Fort Collins, CO 80522 Approved as to Form l' r AAs iistant Ci y Attorney II OWNER: CITY OF FWAT COLLINS M DARIN ATTEBERRY, CITY MANAGER CONTRAC R: I SEAL, CO. By: _- ; 1DCtn►� 3- PRINTED Title:�'(Z'S1 G1P�'1�' Inn al R$GM��pORA SEA '. 9l1992 ; acOLO Address for giving notices: License No.: SECTION 00530 NOTICE TO PROCEED Description of Work: 8522 Asphalt Surface Treatment Project To: A-1 Chipseal Co. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within (_) calendar days from receipt of this notice as required by the Agreement. Dated this day of 20_ The dates for Substantial Completion and Final Acceptance shall be 20_and 20_, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _day of 20_ CONTRACTOR: A-1 Chipseal Co. By: Title: 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 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. 30016331 KNOW ALL MEN BY THESE PRESENTS: that A-1 Chipseal Co. 2505 E 74'" Ave., Denver CO 80229 (aq>aR d66duW), (totcWO"uMMA, (a Corporation), hereinafter referred to as the "Principal' and (Firm) Western Surety Company (Address) 333 S. Wabash Avenue, Chicago, IL 60604 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 One Million Nine Hundred Seventy Nine Thousand Eight Hundred Ten Dollars ($1,979.810) 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 2017, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8522 Asphalt Surface Treatment 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 without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of whi II be deemed an original, this 21st day of June 2017 IN ES NCE OF:' Principal An B A-1 Chips e ompar Ste Jl(OR?rate Secretary �� pPORgT (Title) Daniel J. Gryzmala, President 2505 E. 74th Avenue, Denver, CO 80229 t1/091�592 (Address) L� O.• SEfUO OF: IN RES NnnCE OF: yl' i ness (Surety Sea[) Other Partners By: By: Surety We tem Surety Compan By: Kareli A. Feggestad, Attorney- n-Fact 333 S. Wabash Avenue, Chicago, IL 60804 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 1 SECTION 00615 PAYMENT BOND Bond No. 30016331 KNOW ALL MEN BY THESE PRESENTS: that A-1 Chipseal Co. 2505 E 741" Ave., Denver CO 80229 (axxkxbrictaai , (a>6t wkweNp� (a Corporation), hereinafter referred to as the "Principal' and (Firm) Western Surety Company (Address) 333 S. Wabash Avenue, Chicago, IL 60604 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 One Million Nine Hundred Seventy Nine Thousand Eight Hundred Ten Dollars ($1,979,810) 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 2017, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8522 Asphalt Surface Treatment 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 on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 21 st day of June 2017 W Corporate Secretary Cor SEAL Q: ;.clx 11/09/1992 �!f! PRWNCE,,QF.7• CORP. tea` #O qq%wrr IN PRESENCE OF: Witness U (Surety Seal) Principal A-1 Chipse 4 ompany (Title Daniel J. Gryzmala, President 2505 E. 74th Avenue, Denver, CO 80229 (Address) Other Partners By: By: Surety We ( rn Surety Company 2 Karein A. Feggestad, orn - - a 333 S. Wabash Avenue, Chicago, IL 60604 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. MEMBER MOODY INSURANCE AGENCY, INC. ® 8055 East Tufts Avenue, Suite 1000 DENVER, COLORADO 80237 PHONE: (303) $24-6600 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jody L Anderson, Evan E Moody, Karen A Feggestad, Bradley J Moody, Tina Marie Post, David Dondlinger, Individually of Denver, CO, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duty authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 16th day of March. 2017. P r WESTERN SURETY COMPANY ww4oP �� �J\`SEA�'.P ay„ -pis aul T. BruFlat, Vice President State of South Dakota l SS JT County of Minnehaha On this 16th day of March, 2017, before me personally came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota: that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument: that he knows the seal of said corporation: that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MOHR �rarutr vuwc� June 23, 2021 B01fHa TA J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse here ' U still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this ��'st day of QNWA r?SEr} �`WloppQAq� WESTERN SURETY COMPANY Y ,\CyA�SEAv; vs L. Nelson, Assistant Secretary Form F4280-7-2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President. Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. AC� a DATE (MM)DDIYYYY) C CERTIFICATE OF LIABILITY INSURANCE 6/21/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 3ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poilcy(les) 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 endorsementlsl. PRODUCER NAME:CT Deanna Zahn Moody Insurance Agency, Inc. AfO Na ONE Ert: (303) 824-6600 FAX N0: (303)370-0115 8055 cast Tufts Avenue AD�SS:deanna.aahnamoodyins.com Suite 1000 INSURER(S) AFFORDING COVERAGE NAICi Denver CO 80237 INSURERA:Phoenix Insurance Company 25623 INSURED INSURERB:Travelers Prop Cast Co of America 25674 A-1 Chipseal Company, DBA: Rocky Mountain Pavement, INSURER C:Pinnacol Assurance 41190 2505 E. 74th Ave INSURER D:Illinoi s Union Insurance Company 27960 INSuRERE:AllianZ Global Cornorate & Snecial 7617 (Denver CO 80229 I INSURER F: r-rl1/cP&r:FS r ;:PTIFIr ATP NI IMRGRQ7-18 W/forms REVISION NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONSOF SUCH POLICIES. LIMITSSHOWN MAYHAVE BEEN REDUCED BYPAID CLAIMS. INSR LTR TYPE OF INSURANCE DOL POLICY NUMBER MMIDOfYYEFF PML�IO�P _ LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 A CLAIMS -MADE OOCCUR DAMAGE TO ENTED ccrence PREMISES Ea occurrence, $ 300,000 MED EXP(Any one person) $ 10,000 X DTCOOJ730005172EX 2/1/2017 2/1/2018 PERSONAL &ADV INJJRY $ 11000,000 GENI AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 31000,000 POLICY ® PRO- � LOC PRODUCTS-COMP/OP AGG S 2,000,000 $ OTHER AUTOMOBILE LIABILITY COMBINED MRM77M= Ea accident $ 110001000 BODILY INJURY (Per person) _B ANY AUTO AALL NY AUTO AUTOS X DT8100T'73000517TIL 2/1/2017 2/1/2018 $ BODILY INJURY(Perecadent) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AJJTOS $ X (AteRELLA LIAR X OCCUR EACH OCCURRENCE $ 10, 000, 000 AGGREGATE Is 30,000,000 B EXCESSLIAS CLAIMS -MADE DIED X RETENTION 10.000 $ CUP2J3100431726 2/1/2017 2/1/2018 C WORKERS COMPENSATION ANDEMPLOYERS'UASIUTY YIN ANY PROPRIETORIPARTNERfEXECUTIVE MIOFFICEREMBER EXCLUDED'? (Mandatory In NH) NIA 6055760 2/1/201T 2/1/2018 X OTH- STATUTE ER E.L. EACH ACCIDENT $ 5001000 E.L. DISEASE-EAEMPLOYEE $ 500,000 E.L.DISEASE-POLICYLIMIT $ 500,000 If yes, j..sulbe under DES' F ,'T ION OF OPERATIONS below D Pollution Liability CPYG27165825005 2/1/2017 2/1/2018 Limit per occurencetaggregate $1,000,000 Retention $ 2 5, 0 0 0 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule. may be attached if more apace In required) RE: 8522 Asphalt Surface Treatment Project CERTIFICATE HOLDER City of Fort Collins 281 College Avenue, 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 Zahr/SANPROl'�""""�' Oa 1988-2014 ACORD CORPORATION. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 Other Named Insureds lack Rock Material and Supply LLC Slack Rock Paving LLC Chip Acquisition, LLC Rocky Mountain Pavement, LLC VAGR Companies Additional Named Insureds Doing Business As OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC COMMENTS/REMARKS Motor Truck Cargo Insurer E: Policy # SML93038733 Limit: $100,000 Deductible: $2,500 OFREMARK COPYRIGHT 2000, AMS SERVICES INC. SECTION 00100 INSTRUCTIONS TO BIDDERS COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED —(Section 11) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury'; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of 'Your work" to which the 'written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the 'Written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that 'written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III —Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: L The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the 'written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the 'Written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit" and the date received, and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you, b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights. duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured. of SECTION II — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph AA., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured. of SECTION II — LIABILITY operating an "auto" hired or rented under a COVERAGE contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 06 09 Oc 2009 The Travelers Companies, Inc. Page 1 of 4 Includes the copyrighted material of Insurance Services Office. Inc. with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5.. Other Insurance. of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease. hire. rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission. while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured. of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction.. for Liability Coverage for any covered "auto" that you lease.. hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease. hire. rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (1) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America. Puerto Rico and Canada: (a) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all pro- ceedings and actions. (b) Neither you nor any other in- volved "insured" will make any settlement without our consent. (c) We may, at our discretion, par- ticipate in defending the "insured" against, or in the settlement of, any claim or "suit". 1. The following replaces Paragraph A.2.a.(2), (d) We will reimburse the "insured": of SECTION II — LIABILITY COVERAGE: (2) Up to $3.000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph e. in Para- graph B.7.. Policy Term, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDITIONS: e. Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the (1) For sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE: (II) For the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit de- scribed in Paragraph C., Limit Of Insurance. of SECTION II — LIABILITY COVERAGE, Page 2 of 4 U 2009 The Travelers Companies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. (3) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (4) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D... Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE. No deductible for a covered "auto' will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b... Loss Of Use Expenses.. of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However.. the most we will pay for any expenses for loss of use is S65 per day, to a maximum of S750 for any one "accident'. :g-Q;[9jrAj 11] Co I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1.500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto' of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph A.4.. Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured": and (2) In or on your covered "auto'. This coverage applies only in the event of a total theft of your covered "auto'. No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3.. Exclu- sions. of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto' you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.11b. and A.1.c., but only: a. If that "auto' is a covered "auto' for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty: and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident' or "loss" ap- plies only when the "accident' or 'loss" is known to: (a) You (if you are an individual): CA T3 53 06 09 C=) 2009 The Travelers Companies, Inc. Page 3 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract, The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 © 2009 The Travelers Companies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 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: 8522 Asphalt Surface Treatment Project PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins. Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: A-1 Chipseal Co. CONTRACT DATE: June 14, 2017 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 By: OWNER DA REMARKS: AUTHORIZED REPRESENTATIVE . 20 TO: A-1 Chipseal Co. Gentlemen: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE You are hereby notified that on the day of 20_. the City of Fort Collins. Colorado. has accepted the Work completed by A-1 Chipseal Co. for the City of Fort Collins project. 8522 Asphalt Surface Treatment 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. 2017. 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: A-1 Chipseal Co. (CONTRACTOR) PROJECT: 8522 Asphalt Surface Treatment Project 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work. labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens. Miller Act claims (40 U.S.C.A. 270 a and b), stop notices. equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement. alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers. agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any. and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 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. 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 Signed this day of 20 CONTRACTOR: A-1 CHIPSEAL CO. By: Title ATTEST: Secretary STATE OF COLORADO ) )ss. + COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_, by Witness my hand and official seal. Notary Public My Commission Expires: SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: A-1 Chipseal Co. PROJECT: 8522 Asphalt Surface Treatment Project CONTRACT DATE: June 14, 2017 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) By: ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (08130113) COLORADO DEPARTMENT OF REVENUE Denver CO 80261 - 0009 (303) 238-SERV (7378) 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 materials forthe exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materialswhich are purchased, rented, or consumed by the contractor and which do not become apart of the structure, highway, road, street, or other public works owned and used by the exempt organization. Departmental Use Only Illilllllllllllllllllllllllllllllllllllllllllll 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) 89- Period rmmrvv-mmnv)© _ Contractor Information Trade name/DBA Owner, partner or corporate last name First Name Middle Initial Mailing Address City State Zip E-Mail Address FEIN Bid amount for your contract 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 number Address of exempt organization City State Zip Principal contact at exempt organization -Last Name First Name Middle Initial Physical location of project site (give actual address when applicable and Cities and/or Canty (les) where project Is located) City State Zip Principal contact's telephone number Scheduled construction start date (MMmonn p Estimated completion date (mmmonv)© I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of the business owner, partner or corporate officer Title of corporate officer Date rmmmwvv)p (Do not write below this line) 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 subcontractors 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 OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee. EJCDC No. 1910-8 (1990 Edition). as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS......................................................1 1.1 Addenda.............................................1 1.2 Agreement..........................................1 1.3 Application for Payment.......................1 1.4 Asbestos.............................................a 1.5 Bid...................................................1 1.6 Bidding Documents .............................1 1.7 Bidding Requirements .........................1 1.8 Bonds ....................._ .......................... � 1.9 Change Order ..................................... I 1.10 Contract Documents............................1 1.11 Contract Price ...................................... 1 1.12 Contract Times .................................... 1 1.13 CONTRACTOR1 1.14 defective.............................................1 1.15 Drawings............................................1 1.16 Effective Date of the Agreement ........... 1 1.17 ENGINEER........................................1 1.18 ENGINEER's Consultant 1.19 Field Order.........................................1 1?0 General Requirements .........................2 1.21 Hazardous Waste.................................2 1 22.a Laws and Regulations; Laws or Regulations......................................2 1.22.b Legal Holidays.....................................2 1.23 Liens..................................................2 1.24 Milestone............................................2 1.25 Notice of Award ................................. 2 1.26 Notice to Proceed.................................2 1.27 OWNER.............................................2 1.29 Partial Utilization ............................... 2 1.29 PCBs..................................................2 1.30 Petroleum...........................................2 1.31 Project................................................2 1.32.a Radioactive Material 1.32.b Regular Working Haas.......................2 1.33 Resident Project Representative, ........... 2 1.34 Samples..............................................2 1.35 Shop Drawings ................................... 2 1.36 Specifications 1.37 .....................................1. Subcontractor ........................„_,.,-..,,,, 2 1.38 Substantial Completioq ....................... 1,39 Supplementary Conditions...................2 1.40 Supplier..............................................2 1.41 Underground Facilities .....................2-3 1.42 Unit Rice Work .................................. L43Work ........................ ......................3 1.44 Work Change Directive .......................3 1.45 Written Amendment...........................3 Page Number PRELIMINARY MATTERS ................................ 3 Z I Delivery of Bonds .............................3 2.2 Copies of Documents .......................3 2.3 Commencement of Contract Times; Notice to Proceed ............... 3 2A Stetting the Work ........................... 3 2.5-2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report; Preliminary Scheddes; Delivery of Certificates of Insurance ................................... 3-4 2.8 Reconstruction Conference. .............. 4 2.9 Initially Acceptable Schedules .......... 4 3. CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE ......................................... 4 3.1-3.2 Intent ............................................. 4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies................................. 4-5 3A intent of Certain Terms or Adjectives ..................................... 5 3.5 Amending Contract Documents- ........ 5 3.6 Supplementing Contract Documents ................................... 5 3.7 Reuse of Documents ........................j 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 5 4.1 Availability of Lands ,,,,,,,,,,,,,,,,,,,,,5-6 4.2 Subsurface and Physical Conditions, ................................... 6 4.2.1 Reports and Drawings ......................¢ 4.2.2 Lim iced Reliance by CONTRAC- TOR Authorized; Technical Data............................................ 6 4.2.3 Notice of Differing Subsurface or Physical Conditions ..................6 4.2.4 ER' ENGINEs Review.. ...................... 6 4.2.5 Possible Contract Documents Change.. . ............... _ .... ............... 6 4.2.6 Possible Price and Times Adjustments...............................6-7 4.3 Physical Conditions --Underground Facili ties ............................. _........ 7 4.3.1 Shown or Indicated, ......................... 7 4.3.2 Not Shown or Indicated...................7 4.4 Reference Points...............................7 E;MC URMtAL COMMONS 191 e-R (n990 EDMOM w/ aTY of FORT couiNs moDmcAmoNs (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material.... _..... _....... 7-8 BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance, Payment and Other Bands.............................................. 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance..................... 8 5.4 CONTRACTOR's Liability Insurance......................................... 9 5.5 OWNERsLiability Insurance ..............9 5.6 Property Insurance ..........................9-10 5.7 Boiler and Machinery or Addi- tional Property Insuraneq................ 10 5.8 Notice of Cancellation Pro4sion10 5.9 CONTRACTOR's Responsibility for Deductible Amoumtg..................10 5.10 Other Special Insurance,,,,,,,,,,,,,,,,,,, ,10 5.11 Waiver of Rights ............................... 11 5.12-5.13 Receipt and Application of Insurance Proceeds .....................30-11 5.14 Acceptance of Bonds and Insr- anoe; Option to Replace ...................11 5,15 Partial Utilization --Property Insurance ......................................11 CONTRACTOR'S RESPONSIBILITIES 11 6.16.2 Supervision and Superintendenex....... 11 6.36.5 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 6.86.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights, ........................ 13-14 6.12 Patent Fees and Royalties,,,,,,,,,,,,,,,,,,, 14 6.13 Permits.............................................14 6.14 Laws and Regulations ........................14 6.15 Taxes...........................................14-15 6.16 Use of Premises ............................... 15 6.17 Site Cleanliness ................................ 15 6.18 Safe Structural Loading.....................15 6.19 Record Documents .............................J5 6.20 Safety and Protection ....................15-16 6.21 Safety Representative .........................16 6.22 Hazard Communication Programs ...... 16 6.23 Emergencies ........ ................ ............ 16 6.24 Shop Drawings and Sam plcg..............16 6.25 Submittal Proccedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Subm ittal....................................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 Wok Performed Prior to ENGINEER's Review and Approval of Required Submittals ...................................17 6.29 Continuing the Work.....................17 6.30 CONTRACTOR's General Warranty and Guarantee.............17 6,31-6.33 Indemnification ................. ... .....17-18 6.34 Survival of Obligations ...................)S 7. OTHER WORK.................................................18 7.1-7.3 Related Work at SiteJ8 7.4 Coordination.................................18 OWNERS RESPONSIBILITIES Jg 8.1 Communications to CON- TRACTOR ................................. IS 8.2 Replacement of ENGINEER ............ I S 8.3 Furnish Data andPay Promptly When Due..................................18 8.4 Lands and Easements; Repels and Tests .... ...................... I .... 18-19 8.5 Insurance.......................................19 8.6 Change Ord rs.................... .......... 19 8.7 Inspections, Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate CONTRACTOR'S Services......................................19 8.9 Limitations oe OWNER'S Responsibilities, ...........................19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material....................a9 8.11 Evidence of Financii Arrangements..............................19 ENGINEER'S STATUS DURING CONSTRUCTION..............................................19 9.1 OWNER'S Representative..............19 9.2 Visits to Site, ................................. 19 9.3 Project Representativq ............... j9-21 9.4 Clarifications and Interpre- tationk....................................... 21 9.5 Authorized Variations in Vtrk........ 21 EIC.'DC GEMMAL CONDITIONS 1910-8 (1990 EDITION) wt CRY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work................... �I 9.7-9.9 Shop Drawings, Change Orders and Payments ... .._........................... 1 9.10 Determinations for Unit Prices...,,, 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter..............22 9.13 Limitations on ENGINEER's Authority and Responsibilitig ..... 2-23 CHANGES IN THE WORK ....................................... 23 10.1 OWNER's 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 Adjustment; Value of the Work ................................... 23-24 11.4 Cast of the Work ..........................24-25 11.5 Exclusions to Cost of the Work .......... 25 11.6 CONTRACTOR's Fee........................25 11.7 Cost Records.................................25-26 11.8 Cash Allowances26 11.9 Unit Price Work................................26 CHANGE OF CONTRACT TIMES ............................26 12.1 Claim for Adjustment........................26 12.2 Time of the Essenc4 ..........................26 12.3 Delays Beyond CONTRACTOits Control ............................ .......... 2&27 12.4 Delays Beyond OWNER's and CONTRACTOR's Control................77 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFEC77VE WORK.................................................27 13.1 Notice of Defects ...............................27 13.2 Access to the Work ...........................27 13.3 Tests and Inspections; CONTRACTOR's Cooperation,,,,,,,,, 27 13.4 OWNER'sResponsibilities; Independent Testing Laboratory.,..... 27 13.5 CONTRACTOR's Responsibilities...............................77 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval................27 13.8-13.9 Uncovering Work at ENGI- NEER's Request .....................27-28 13.10 OWNER May Stop the Work ........ _28 13.11 Correction or Removal of Defective Work ...........................7-8 13.12 Correction Period ...........................28 13.13 Acceptance ofDefective Work......... 13.14 OWNER May Correct Defective Work ..................................... 28-29 PAYMENTS TO CONTRACTORAND COMPLETION.................................................29 14.1 Schedule of Values ........................29 14.2 Application for Progress Payment.....................................29 14.3 CONTRACTOR'sWarranty of Title...........................................29 14.4-14.7 Review of Applications for Progress Payments,.,,,,,.,.„.,__. 29-30 14.8-14.9 Substantial Completion ..................30 14.10 Partial Utilization ......................30-31 14.11 Final Inspection .............................31 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,,,,,,,,,,,,,,,, 32 15.5 CONTRACTOR May Stop Work or Terminate................32-33 16. DISPUTE RESOLUTION .................................. 33 17. MISCELLANEOUS .......................................... 33 17.1 Giving Notice, ............................... 33 17.2 Computation of Tinm...................33 17.3 Notice of Claim .............................33 17.4 Cumulative Remedies, .................... 33 17.5 Professional Fees and Court Costs Included .............................33 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 Intentionally left blank......................................35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement, .................... OC-Al 16.1-16.6 ArbitrationGGAI 16.7 Mediation, ..............................GC -AI EJCDC (EMERAL CONDITIONS 1910-8 (1990 EDITON) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 91") 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 lnsur=4 ........................................5.14 defectrve Work ............................10.4.1. 13.5,13.13 final payment ........................................9.12, 14.15 insurance .......................................................... 514 other Work, by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal' Item* ...................... 0.7.1 Work by OWNER ..............................2.5. 6.30,6.34 Access to the -- Lands. OWNER andCONTRACTOR responsibilities .............................................. 4.1 site. related Work ............................................... 7.2 Work. .......................................... 13.2,13.14,14.9 Acts or Omissions—, Acts and Omissions -- CONTRACTOR ................................... 6.9.1.9.13.3 ENGINTEER ........................................... 6.20, 9.13.3 OWNER.................................................... 0.20,8.9 Addenda --definition of (also am definition of Specifications) .......(1.6,1.10,6.19),1.1 Additional Property Insurance; ................................. 5.7 Adjustments-. Contract Price or Contract Times ........................... I.S. 3.5, 4.1, 4.3.2, 4,5.2, .......................... 4.5.3,9.4,9.5, 10.2-10.4, ....................................11. 12, 14.8. 15.1 progress schedule ...................................... ...6.6 Agreement -- definition of ......................................................1.2 "All -Risk' Insurance, policy lbrM ...........................5.6.2 Allowances, Cash ....................................................11.8 Amending Contract Docum . ................................ 3.5 Amendment, Written -- in general ................ J.10, 1.45, 3.5, 5.10, 5.12, 6.6.2 ..........................6.8.2, 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 ofJ.3 ENGINEER!s 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 ........... .................... ................. 114.4-14.7 Arbitration ..................................................... 16.1-16.6 Asbestos -- claims pursuant thereto ........................... 4.5.Z 45.3 CONTRACTOR authorized to stop Work,,,,,,,,,, 4.5.2 definition of ............................... ....................... 1.4 Article or Paragraph Number OWNER responsibility for,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4.5.1,8.10 possible price and times changq....................... . 4.5,2 Authorized Variations in Work ......... 3.6.6.25, 6.27, 9.5 Availability of Lands 'f.......................................1.25.............. ................ . 4.1.8.4 Award. Notice of--defined Before Starting Consitructiork .............................. 2.5-21 Bid —definition of .........................1.5 (1.1. 1.10, 2.3. 3.3. ........................4.2.6.4. 6.13. 11.4.3, 11.9. 1) Bidding Documents —definition or 1.6(6.8.2) Bidding Requirements —definition of..........................................1.7 (1.1, 4.2.62) Bonds — acceptance of.- � .................................................5.14 additional bonds ..................................10.5,11.4.5.9 Cost of the Work ............................................11.5.4 definition of.......................................................1.8 delivery of ................................................... 2.1,5.1 final Application for Payment ................. 14.12-14.14 general ......................................1.10, 5.1-5.3, 5.13, ........................................ 9.13,10.5,14.7.6 Performance, Payment and Other .................. 3.1-5.2 Bonds and Insurance --in general .................. "all-risk' ......... __5 Builder's risk policy form ...................... _342 Cancellation Provisions, Insuranoc J.4.11. 5.9, 5.15 Cash Allowances )1.8 Certificate of Substantial Completion ........ 1.38.6.30.2.3, ...........14.8, 14.10 Certificates ..... 9.13.4,115,14.12 Certificates of Insurance ...... 2.7, 5.3, 5-4.11, 5.4.13, 3.6.5,5.8,5.14, 9,13.4,14.12 Change in Contract Prix — Cash Allowances 11.8 claim for price adjustment,,,,,.,,,,., 4.1. 41.6, 4.5. 5.15. 6.8.2. 9.4 .................... 9.5.9.11. 10.2, 10.5.11.2,119. 1313 13 JA 14 7 15 1 15 5 ....................... CONTRACTOR's fee .........................................11.6 . I . . I . Cost of the Work general ............................. . ................. ll.,4-11.7 Exclusions to 11.5 Cost Records .......... i* .......... ...... .......... J1.7 in general ............ 11 .19. 1 A4, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing .............................. . .......... 11.3.2 Notification of Surety .........................................10.5 ScopeOf ................................................... JO.3-10.4 Testing and Inspection, Uncovering the Work ................................. 13.9 E)CDC GENERAL CONDITIONS 1910 -9 (1990 EDITION) W1 CITY OF FORT COLLINS MODIFICATIONS OtEV 9199) 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. Unit Price Work 11.9 Article or Paragraph Number Value of Work 1.3 Change in Contract Times — Claim for times adjustment ....... !4.1. 4.2.6, 4.5, 5.15, ....... 6.8.2. 9.4. 9.5. 9.11, 10.2. 10.5, 12.1. 13.9, 13.13, 13.14, 14.7, 15.1, 15.3 C a n t r a c m" h' in i t s 12.2 Delays beyond CONTRACTORs control........................................................12.3 Delays beyond OWNERS and CONTRACTORs control .............................12.4 Notification of surety .........................................10.5 Scope of change ........... . . ......... ......... 10.3-10.4 Change Orders -- Acceptance ofDefecfive Work ..........................13.13 Amending Contract Documentl; .........................1.5 1.5 Cash Allowances JI,$ Change of Contract Price .... I ................................ I I Change of Contract Timc4 ...................................12 Changes in the Work..........................................10 CONTRACTORS fee 11.6 Cost of the Work 11.4-11.7 Cost Records )1.7 definitionof .......................................................1.9 emergencies .....................................................6.23 ENGINEERS responsibility ....... 9.8, 10.4,11.2, IZI executionof.....................................................10.4 Indemnifictior4 ......................... 6.IZ 6.16,6.31-6.33 Insurance, Bonds and ...................... 5.10,5.13.10.5 OWNER may terminate............................15.2.15.4 OWNERS Responsibility ............................ $.6,10.4 Physical Conditions— Subsurface and 4.2 Underground Facilifies.-I ............................4.3.2 Record Documents !6. 19 Scope of Change......_............................... 10.3-10.4 Substitutes ............................................. 6.7.3,6.8.2 Unit Price Work ...............................................11.9 value of Work covered by .................................11.3 Changes in the Work..................................................)0 Notification of surety ........................................ 10.5 OWNERs and CONTRACTORs responsibilities...........................................10.4 Right to in adjustment ............................. ........ 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 Contract Times .. ........................ 9.4,12.1 CONTRACTORs., ............ 4.7.1.9.4.9.5,9.11, 10.Z .......................... JLZ 11.9,12.1. 13.9.14.8, ............................. .............. 15.1. 15.5,17.3 CONTRACTORs Fee.. � ...................................11.6 Article or Paragraph Number CONTRACTORs liability...,.,,,., 5.4. 6AZ 6.16. 6.31 Cost of the Work ..................... 11.4,11.5 Decisions on Dispute4 ............................. _9.11. 9.12 Dispute Resolution ............................................16.1 Dispute Resolution Agreement .................. 16.1-16.6 ENGINEER as initial interpretor .......................9.11 Lump Sum Pricing .........................................11.3.2 Noticeof ...........................................................17.3 OWNERS .................... 9.4.9.5.9.11. 10.Z ILL 11.9 ........................ 12.1.13.9.13.13,13.14.17.3 OWNERS liability ..............................................5.5 5.5 OWNER may refuse to make payinent__ .......... )4.7 Professional Fees and Court Costs Included......................................................17.5 request for formal decision on ...........................9.11 Substitute Items 0.7.1.2 Time Extension 12.1 Time requirements .................................... 9.11,12.1 Unit Price Work .............................................11.9.3 Value of 1.1.3 Waiver of --on Final Payment ................. J4,14.14.15 Work Change Directive .....................................10.2 written notice required ......................9.11. ILZ 12.1 Clarifications and Interpretations,,,,,,,,,,, 3.6.3,9.4, 9.11 CleanSite .................. .................. ...................... 0.17 Codes of Technical Society, Organization or Association ..................................................3.3.3 Commencement of Contract Time4 ...........................7.3 Communications— general ............................................... 6.Z 6.9.Z 83 Hazard Communication Programs .....................6.22 Completion — Final Application for Payment.........................14.12 Final Inspectiont ..............................................14.11 Final Payment and Acceptance ............... 14.13-14.14 Partial Utilization...........................................14.10 Substantial Completion ......... ...... ..... 1.38,14.8-14.9 Waiver of Claims ............................................ J4.15 Computation of Times ............................... J7.2 1-17.Z2 Concerning Subcontractors, Suppliers and Others 0.8-6.11 Conferences -- initially acceptable schedules... ............................ 2.9 preconstructicn, ..... ------- .......... .......................... Z8 Conflict Error, Ambiguity, Discrepancy -- CONTRACTOR to Report .......................... 2.5,3.3.2 Construction, before starting by CONTRACTOR ....................................... .... 2.5-2.7 Construction Machinery, Equipment, etc...................6.4 Continuing the Work ..................................... 6.29,10.4 Contract Documents -- Amending..........................................................3.5 Bonds 5.1 EJCDC GENERAL COMMONS 1910-8 (1990 EDMOM W/ CITY OF FORT COLLINS MODIFICATIONS (REV 91") Cash Allowances..s- ..... ................... - 11.8 Article or Paragraph Number Change of Contract Price .... __ .................... ..... I I Change of Contract Times ................................... 12 Changes in the Work ................................ 10.4-10.5 check and verify ................................................. 2.5 Clarifications and Interpretations .........................3.2, 3.6, 9.4, 9.11 definition of .....................................................1.10 ENGINEER as initial interpreter of ................... 9.11 ENGINEER as OWNER's representative,,,,,,,,,,,,, 9.1 gencral3 Insurance ...........................................................5.3 Intent........................................................ 3.1-3.4 minor variations in the Work ..............................3.6 OWNERs responsibility to furnish data ...............8.3 OWNEWs responsibility to make prompt Payment .......................... ?.3, 14.4, 14.13 precedence ............... ................................ 3.1,3.3.3 Record Documents ............................................6.19 Reference to Standards and Specifications of Technical Societies ................................... 3.3 RelatedWork.....................................................7.2 Reporting and Resolving Discrepancies._..,,._ 2.5.3.3 Reuseof. ............................................................ 3.7 Supplementing ..................................................3.6 Termination of ENGINEERs Employment ...... ... 8.2 Unit Price Work ...............................................11.9 variations.........................................3.6, 6.23, 6.27 Visits to Site, ENGINEERS; ............................... 9.2 Contract Price — adjustment of ................ 3.5. 4.1. 9.4, 10.3, 11.2-11.3 Changeof ...........................................................11 Decision on Disputes ........................................9.11 definition of Contract Times — adjustment of .......................... 3,5.4.1.9.4.10.3.12 Change of., . .... ..................... . ................. 12.1-12.4 Commencement of ............................................. 2.3 definition of .....................................................1.12 CONTRACTOR — Acceptance of Insurance ................................... . 5.14 Communications......................................6.2, 6.9.2 Continue Work.... .................................... §.29,10.4 coordination and scheduling ............................6.9.2 definitionof .....................................................1.13 Limited Reliance on Technical Data Authorized 42.2 May Stop Work or provide site access to others ........................7.2, 13.2 Safety and Protection ...................4.3.1.2. 6.16. 6.19, ...................................... 6.21-6.2.3. TZ 13.2 Shop DraN;ing and Sample Review Prior to Submittal 6.25 Vii Stop Work requirements. . ... ............................ 4.5.2 OONTRACTOR!s-- Article or Paragraph Number Compensation, ........... ........................ ..... 11.1-11.2 Continuing Obligation ............................... 1435 Defective Work ..... 9.6,13.10-13.14 *w Duty to correct de�* ecd........................ 13.11 Duty to Report — Changes in the Work caused by Emergency ...........................................6.23 Defects in Work of Others... ................. __ ...... 7-3 Differing conditions...................................4.2.3 Discrepancy in Documents ......... 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated_,,..,,,,, 4.3.2 Emergencies.....................................................0.23 Equipment and Machinery Rental. Cost of the Work ...........................................11.4.5.3 Fee —Cost Plug .......................... 11.4.5.6.11.5.1.11.6 General Warranty and Guarantee,,,,,,,,,,,,,,,,,,,,,, 0.30 Hazard Communication Programs......................0.22 Indemnification * ... * ....... * .... 6.1Z 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 lnsurance..............................................5.4 Notice of Intent to Appeal ........................ :9.10, 10.4 obligation to perform and complete theWork ....................................................0.30 Patent Fees and Royalties, paid for by,,,,,,,,,,,,,,,,, . 6.12 Performance and Other Bonds.............................5.1 Permits, obtained and paid for by .......................0.13 Progress Schedule. ....... ................ 2.6.2.8.2.9. 6.6. .... I ......... — .... ........ * 6.29,10.4,15.2.1 Request for formal decisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities -- Changes in the Work .................. ............... 10.1 Concerning Subcontractors, Suppliers and Others 6.".11 Continuing the Work .......................... 15.29,10.4 CONTRACTORS expense ........................... 6.7.1 CONTRACTORs General Warranty and Guarantee 6.30 CONTRACTORs review prior to Shop Drawing or Sample submittal,,,,,,,,,,,,,,,, 6.25 Coordination of Work ................................6.9.2 Emergencies ................................... i . ...... '_ " - ...... 15.23 ENGINEER`s evaluation, Substitutes or 'Or -Equal" Items .............................6.7.3 For Acts and Omissions of Others 0.9.1-6.9.2. 9.13 for deductible amounts,insuranoe...................5.9 general ........................................6. 7.2, 7.3, 9.9 Hazardous Communication Programs,,,.,,,,,, 6.22 Indemnification ................................... 6.31-6.33 EJCDC rENMAL CONDITIONS 1910-90990 EDITION) W/ CITY OF FORTCOLLINS MODIFICATIONS (REV 9/99) Labor, Materials and Equipment..............0.3-6.5 Laws and Regulations..................................6.14 Liability Insurance ........................................ 5.4 Article or Paragraph Number Notice of variation from Contract Docmnents........................................... 6.27 Patent Fees and Royalties ............................ ¢.12 Permits.......................................................0.13 Progress Schedule ......................................... 6.6 Record Documents ...................................... 6.19 related Work performed prior to ENGINEER's approval of required subm ittels.............................................0.28 safe structural loading.................................6.18 Safety and Protection,,,,,,,,,,,,,,,,,,,, 6.20, 7.2, 13.2 Safety Representative .................................. 6.21 Scheduling the Work..................................6.9.2 Shop Drawings and Sample*........................0.24 Shop Drawings and Samples Review by ENGINEER ..................................... 6.26 Site Cleanliness..........................................6.17 Submittal Procedures .................................. 6.25 Substitute Construction Methods and Procedures .................................... 6.7.2 Substitutes and 'Or -Equal- Item4................0.7.1 Superintendeneq........... _............................ 6.2 Supervision.... .......................... _................... 0.1 Survival of Obligations............................._.6.34 Taxes......................................................... 6-15 Tests and Inspections..................................13.5 ToReport ......................................................2.5 Use of Premises0.16-6.18. 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, 9.4, 9.5, 9.11, 10.2,11.2, ........11.9,12.1,13.9.14.8,15.1.15.5,17.3 Safety and Protection,,,,,,,,,,,,,,,,, 6.20-6.22, 7.2, 13.2 Safety Representative ....................................... 6.21 Shop Drawings and Samples Submittals,,,, 6.24-6.28 Special Consultants........................................11.4.4 Substitute Construction Methods and Procedures, 6.7 Substitutes and "Or -Equal" Items, Expense..........................................6.7.1.6.7.2 Subcontractors, Suppliers and Others..........6.8-6.11 Supervision and Superintendence ......... 6.1. 6.2" 6.21 Taxes, Payment by...........................................6.15 Use of Premises ......................................... 6.16.6.18 Warranties and guatanteev ..........................6.5, 6.30 Warranty of Title ......................... ..................... 14.3 Written Notice Required — CONTRACTOR stop Work or term inate....... 15.5 Reports of Differing Subsurface and Physical Conditions ....................... 4.2.3 Substantial Completion, ............................... 14.8 vili CONTRACTORS --other .............................................. Contractual Liability Insurance.............................5,.4.10 Contractual Time Limits 12.2 Article or Paragraph Number Coordination-- CONTRACTOR's responsibility ........................6.9.2 Copies of Documents ............................................... 2.2 Correction Period.................................................13.12 Correction, Removal or Acceptance of Defective Work-- in general...................................10.4.1. 13.10.13.14 Acceptance ofDefective Work.........................13.13 Correction or Removal of Defective Work... ..... .............. ......... 630, 13.11 Correction Period............................................13.12 OWNER May Correct Defective Work..............13.14 OWNER May Stop Work.................................13.10 Cost -- of Tests and Inspections.... .................. I ...... Records 11.7 Cost of the Work -- Bonds and insurance, additional .................„11.4.5.9 Cash Discounts .............................. *............11.4.2 CONTRACTORSs Fee.......................................11.6 Employee Expenses......................................11.4.5.1 Exclusionsto....................................................:11.5 General11.4-11.5 Home office and overhead expense*....................11.5 Losses and damages.....................................11.4.5.6 Materials and equipment................................11.4.2 Minor expenses...........................................11.4.5.8 Payroll costs on changes.................................11.4.1 performed by Subcontractors ...........................11.4.3 Records 11.7 Rentals of construction equipment and machinery......................................11.4.5.3 Royalty payments, permits and license fees............................................11.4.5.5 Site office and temporary facilitity................11.4.5.2 Special Consultants, CONTRACTORs............ )1.4.4 Supplemental.................................................11.4.5 Taxes related to the Worl;............................11.4.5.4 Tests and inspection.........................................13.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facilitieg..............11.4.5.7 Work after regular hours.................................11.4.1 Covering Work ............................ ..............13.6.13.7 _ Cumulative Remedies ...................................... 17.4-17.5 Cutting, fitting and patching ................. Data, to be furnished by OVVNER..............................8.3 Day --definition of................................................17.2.2 Decisions on Disputes .................................... 9.11, 9.12 defective --definition of...........................................1.14 defective Work -- Acceptance of......................................10.4.1, 13.13 FXVC OENFRAL CONDITIONS 1910-8 (1990 ®mON) w/ CTTY OF FORT COLUNS MODIFICATIONS (REV 9/99) Correction or Removal o( .......... .......... JO.4.1, 13.11 Curreetion Period ............................................ J3.12 in general_,_....................................13, 14.7, 14.11 Article or Paragraph Num ber Observation by ENGINEER . ............................... 9.2 OWNER May Stop Work ........................... ..... 13.10 Prompt Notice of Defects ...................................13.1 Rejecting...........................................................9.6 Uncovering the Work .......................................13.8 Definitions I Delays ... .................................. 4.1. 6.29. 12.3-12.4 Delivery of Bonds .....................................................2.1 Delivery of certificates of insurano............................2.7 Determinations for Unit Prices ................................. 9.10 Differing Subsurface or Physical Conditions - Noticeof ........................................................4.2.3 ENGINEER'S Review ...................................... 4.2-4 Possible Contract Documents Change,..,.,,,,,,.„ 4.2.5 Possible Price and Times Adjustments., ............ 4.2.6 Discrepancies -Reporting and Resolving ................................2.5, 3.3.2, 6.14.2 Dispute Resolution- Agreemenk ................... ...................... 16.1-16.6 Arbitration, ............................................... )6.1-16.5 generaI16 Mediation .........................................................16.6 Dispute Resolution Agreement ........................... 16.1-16.6 Disputes, Decisions by ENGINEER ....... ...... ... 9.11-9.12 Documents - Copiesof ...........................................................7.2 Record 6.19 Reuse of Drawings -definition of ..........................................1.15 Easements .............................................................. 4.1 Effective date of Agreement -- definition qt ............. ).16 Emergencies ...........................................................6.13 ENGINEER - as initial interpreter on disputes ................ 9.11-9.12 definition of .....................................................1.17 Limitations on authority and responsibilific.4 ...... 9.13 Replacementof ................................................. 8.2 Resident Project Representative ...........................9.3 ENGINEERs Consultant -- definition of ..................1.18 ENGINEER'S -- authority and responsibility, limitations 0A ........ 9.13 Authorized Variations in the Work .................. _9.5 Change Orders, responsibility fob....., 9.7, 10, 11. 12 Clarifications and Interpretations...............3 43, 9.4 Decisions on Disputes .......... ..................... 9.11-9.12 defective Work, notice of ...................................13.1 Evaluation of Substitute Items ..........................6.7.3 Liability .............................. . ............ _ .....632. 9,12 Notice Work is Acceptable..............................14.13 Observations...........................................5.30.2, 9.2 OWNER!s Representative ......... .........................9.1 *"*'**"* ................ 9.1 Payments to the CONTRACTOR Responsibility for . .................................... 9.9,14 Recommendation of Payment ................... 14.4.14.13 Article or Paragraph Number Responsibilities --Limitations on ........ ....... 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ............................. 4.2.4 Shop Drawings and Samples, review responsibility ............................................... 6.26 Status During Construction - authorized variations in the Wcrk ..................9.5 Clarifications and Interprctatiaig ..................9.4 Decisions on Disputes ........... .............. 9.11-9.12 Determinations on Unit Price ......................9.10 ENGINEER as Initial Interpreter,.,,..... 9.11-9.12 ENGINEER'S Responsibilities ................ 9.1-9.12 Limitations on ENGIREEKs Authority and Responsibilities ..............................9.13 ......................9.13 OVINER's Representative ............................... 9.1 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 determinations ............................... _9.10 Visitsto Site.................................. .................... 9.2 Written consent required .............................. :7.2, 9.1 Equipment, Labor, Materials and ........................0.36.5 Equipment rental. Cost of the Work .................. JI.4.5.3 Equivalent Materials and Equipmcrk.........................0.7 error or omissions ................................................... 6.33 Evidence of Financial Arrangement; ...................... ?.I I Explorations of physical condition; ........................ 4.2.1 Fee, CONTRACTORs--Costs Plus...........................11.6 Field Order - definition of .....................................................1.19 issued by ENGINEER ................................ 3.6.1,93 Final Application for Payment ..................... ......... 14.12 Final Inspection ................................................... J4.11 Final Payment - and Acceptance ... ....... ** ... *"*'**' 14.13-14.14 Prior to, for casK*a'U"o*'m* allowances ..............................11.8 General Provisions .......................................... 17.3-17.4 General Requirem ents- definition of ........................... ........ .... J-20 principal referencest.....................................................J.20 g.* ..............2.6. 6.4, 6.6-6.7. 6.24 Giving Notice . ........................................................ 77.1 Guarantee of Work -by CONTRACTOR,,,,,,,, . 6.30,14.12 Hazard Communication Programs ........................... 0.22 Hazardous Waste - definitionof.....................................................J.21 general............................................................. 4.5 OWNIER's responsibility for .............................. 8.10 EXDC GENERAL. CONDMONS 1910-9 (19% Mnom W/ aTY OF FORT COUJM MODMCATIONS (REV 9199) Indemnification ......... ............. _.... 61.1Z 6,16, 6.31-6.33 Initially Acceptable Schedules, .................................. 2.9 Inspection -- Certificates of..............................9.13.4. 13.5, 14.12 Final..........................................................14.11 Article or Paragraph Number Special, required by ENGINEER ..........................9.6 Tests and Approval.............................$.7, 13.3-13.4 Insurance — Acceptance of by OWNER...............................5.14 Additional, required by changes in the Work ............... ............. .............. 1.4.5.9 Before starting the Work .................................... 2.7 Bonds and --in general..........................................5 Cancellation Provisionq..................................... 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 completed operations .................................... 5.4.13 CONTRACTOR'S Liability..................................5.4 CONTRACTOR's objection to coverage.............5.14 Contractual Liability ..................................... 5.4.10 deductible amotaits, CONTRACTOR's responsibility .................................. . .............5.9 Final Applicaion for Payment<.........................14.12 Licensed Insurers ...............................................5.3 Notice requirements, material changes,,,,,,, 5.8. 10.5 Option to Replace ...........................................5.14 other special insurance; ................................... 5.10 OWNER as fiduciary far insureds,,,,,,,,,,,,,,5,12-5.13 OWNER's Liability ................... ............. ........... 5.5 OWNER's Responsibility ................................... 8.5 Partial Utilization, Property Ltsurancq...............5.15 Property.............. ....................................... 5.6-5.10 Receipt and Application of Insurance Proceeds ..... .................. . ...................... 5.12-5.13 Special Insurance.............................................5.10 Waiver of Rights ... ___ ... ............................... 5.11 Intent of Contract Documents ........ ...................... 3.1-3.4 Interpretations and Clarifications .....................3.6.3, 9.4 Investigations of physical conditions .........................4.2 Labor, Materials and Equipment ........................„§3-6.5 Lands -- and Easements...................................................$.4 Availability of.............................................4.1. 8.4 Reports and Tests...............................................$.4 Laws and Regulations —Laws or Regulations — Bonds............................._.........................5.1-5.2 Changes in the Work........................................10.4 Contract Documents..........................................3.1 CONTRACTOR's Responsibilities.....................0.14 Correction Period,&fective Work.... .............. _13.12 Cost of the Work, taxes...............................11.4.5.4 definition of . ......................... .... ...................... 1.22 general6.14 Indemnification ....................................... 6.31.6.33 Insurance...........................................................5.3 Precedence. ............................................... 3.1.3.3.3 Reference to....................................................3.3.1 Safety and Protection ............................... 6.20, 13.2 Subcontractors, Suppliers and Other4,,,,,,,,,-,6.8-6.11 Article or Paragraph Number Tests and Inspections, .................................. 13.5 Use of Premises.................................................0.16 Visits to Site.......................................................9.2 Liability Insurance-- CONTRACTOR's.................. _........................... 5.4 OWNERs...........................................................5.5 Licensed Sureties and Insurers.................................5.3 Liens -- Application for Progress Payment .......................14.2 CONTRACTOR's Warranty of Title.. . ............ .... 14.3 Final Application for Payment ..........................14.12 definition of......................................................1.23 Waiver of Claims34.15 Limitations on ENGINEER's authority and responsibilities..................................................Q.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 Documents..................33.1 Materials and equipment -- furnished by CONTRACTOR...............................6.3 not incorporated in Work ..... _ ...........................14.2 Materials or equipment--equivalenl...........................0.7 Mediation (Optional)..............................................16.7 Milestones --definition of........................................1.24 Miscellaneous_ Computation of Times.......................................17.2 Cumulative Remedies ..................... ........ .......... 37.4 Giving Notice ....................................................17.1 Notice of Claim..............................-..................17.3 Professional Fees and Court Costs Includes,,,,,, ,17.5 Multi -prime contracts ............................... .................. Not Shown or Indicated. ........................................ #.3.22 Notice of -- Acceptability of Project....................................14.13 Award, definition of.........................................1.25 Claim............._ .............. _............................ 1.7.3 Defects.13.1 Differing Subsurface or Physical Conditiori;,,,,.. 4.2.3 Giving............................................................11.1 Tests and Inspections........................................13.3 Variation Shop Drawing and Samph;................0.27 Notice to Proceed — definition of.. .... ........... ................................... 1.26 givingof............................................................2.3 EXDC MNERAL COMITIOM 1910-8 (I M EDMOM w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Notification to Surety ..............................................10.5 Observations, by ENGINEER ............................ 0.30,9.2 Occupancy of the Work .................. 5.15, 6.30.2.4,14-10 Omissions or acts by CONTRACTOR . ............... 6.9,9.13 Open Peril policy form, Insurance ..........................5.6.2 Option to Replace....................................................5.14 Article or Paragraph Number *Or Equal' Items......................................................6.7 Other work 7 Overtime Work —prohibition o( ................................. 6.3 OWNER -- Acceptance of defecaw Work ...........................13.13 appoint an ENGINEER ...................................... 8.2 as fiduciary ............................................... 5.12-5.13 Availability of Lands, responsibility ....................4.1 definition of .....................................................1.27 data. furnish ....................................................... 8.3 May Correct Defective Work ...........................13.14 May refuse to make payment .............................14.7 May Stop the Work .........................................13.10 May Suspend Work, Terminate $.8.13.10,15.1-15.4 Payment, make prompt„ ... ....... ....... $3,14.4,14.13 performance of other work .................................. 7.1 permits and licenses, requirements ....................0.13 purchased insurance requirements ............... 5.6-5.10 OWNERS -- Acceptance of the Work ............................... 0.30.2.5 Change Orders, obligation to execute,......... . 8.6,10.4 Communications 8.1 Coordination of the Work .................................. 7.4 Disputes, request for decision ............................ 9..Il Inspections, tests and approval* ...... ........... 0.7,13.4 Liability Insurance ......................... ...... ............. 5.5 Notice of Defects )3.1 Representative —During Construction, ENGINEERS Status ......................................9.1 Responsibilities — Asbestos. PCBs, Petrolein. Hazardous Waste or Radioactive Material l3.10 Change Orders .............................................. 8.6 Changes in the Work ................. ................. 10A communications 8.1 CONTRACTORS resporksibilitie4 ....... .........8.9 evidence of financial arrangementA ..............0.11 inspections. tests and approvals.....................8.7 insurance 8.5 lands and easements.....................................8.4 prompt payment by ........................................8.3 replacement of ENGINEER ...........................0.2 reportsand tests ............................................8.4 stop or suspend Work .................. 8.8.13.10,15.1 terminate CONTRACTORS services 8.8.15.2 separate representative at site., ............................ 9.3 testing, independent..........__.........._ ............ use or occupancy of the Work .......................... 1.15, 6.30.2.4, written consent or approval required .........................................9.1.6.3 13.4 14.10 11.4 EJCDC GENERAL CONDITIONS 1910.90990 EDITION) wt CITY OF FORT COLLINS MODIFICATIONS MV ") Article or Paragraph Num her written notice required, ........................7.1, 9.4, 9.11, ...... * 11-7, 11.9, 14.7, 15.4 PCBs -- definition ot ............................ . ............... ...... 1.29 general.............................................................. 4.5 OWNER's responsibility for ...............................8.10 Partial Utilization- defuution of.....................................................1.28 general 6.30.2.4, 14. 10 Property Insurance ............................................3.15 Patent Fees and Royalties ................. ...................... 6.12 Payment Bands .................................................. 5.1-5.2 Payments, Recommendation of .............. 14.4-14.7,14.13 Payments to CONTRACTOR and Completion - Application for ProgressPayments ......................14.2 CONTRACTOR!s Warranty of Title ................... J 4.3 Final Application for Payment .........................14.12 Final Inspection, ............................ . ........... _J4.11 Final Payment and Acceptanoc ............... J4.13-14.14 general............................ . ........... ............... ?.3.14 Partial Utilization ...........................................14.10 Retainage..........................................................14.2 Review of Applications for Progress Payments ............................... 14.4-14.7 promptpayment ............................. . .................. P.3 Schedule of Values .............................................14.1 Substantial Completion, .............................14.8.14.9 Waiver of Claims 14.15 when payments due ................................ 14.4,14.13 withholding payment. , ....................................... 14.7 Performance Bands ....... .............. ..................... 5.1-5.2 Permits ............................................................ 0.13 Petroleum- dermition of ......................................................1.30 ............*.....................*.................Im general................. ............................................ 4.5 OWNER's responsibility for,... ............................ 8.10 Physical Conditions - Drawings of in or relating tQ .........................4.21.2 ENGINEWs review 4.2.4 existing structures ...........................................4.22 general4.2.1.2 ......................................................... Notice of Differing Subsurface or,,,,,,,,,,,,,,,,,,,,, 4.2.3 Possible Contract Docurn ents Chw*q ...............4.2.5 Possible Price and Times Adjustment4..............4.2.6 Reports and Drawings ............... ...................... 4.21 Subsurfaceand ................................................... 4.2 Subsurface Conchtionq ................................... 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ........................ 4.2.2 Underground Facilities - general.........................................................4.3 Not Shown or Indicled ............................... 4.3.2 Protection of........................................4.3. 6.20 Article or Paragraph Number Shown or Indicated ................................................4.3.1 Technical Data A.22 Preconstruction Conferenoe.......................................2.8 Preliminary Matters, ................. ..... _ ......... _ .... _ ........ 2 Preliminary Schedules...............................................16 Premises, Use of .............................................. 6.16-6.18 Price, Change of Contract ..........................................11 Price, Contract -definition of ..................................1.11 Progress Payment, Applications fq .......................... J4.2 Progress Payment-retainage ...................................14.2 Progress schedule, CONTRACTOR!s ........... 2-6. 2.8. 2.9. ................................. 6.6.6.29, 10.4, 15.2.1 Project -definition of .............................................. 1.31 Project Representative- ENGINEER's Status During Construction.,.,,,.,,,, 9.3 Project Representative, Resident --definition of .........1.33 prompt payment by OWNER .....................................9.3 Property Insurance - Additional $3 gencral5.6-5.10 Partial Utilization ................................ 5.15,14.10.2 receipt and application of proceedsi.. . ......... 5.12-5.13 Protection, Safety and .............................. k.20-6.21, 13.2 Punch list ..........................................................14.11 Radioactive Material- defintion of ..................................................... J.32 genero)4.5 OWNER's responsibility &K .............................. $.10 Recommendation of Payment ................. 14.4,14.5,14.13 Record Documents ........................................ 6.19,14.12 Records, procedures for maintaining ..........................2.8 ReferencePoints --- .......... ........................................ 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,,,,,,,,,,,,,,,,,,,, !6.28 Remedies, cumulative ...................................... 17.4,17.5 Removal or Correction ofDefecim Work ................13.11 rental agreements, OWNER approval required,,, 11.4.5.3 replacement of ENGINEER, by OWNER, ................... 8.2 Reporting and Resolving Discrepancies, ................................2.5, 3.3.2, 6.14.2 Repots -- and Drawings .................................................4.21 and Tests, OWNER's responsibility ..................... $.4 Resident and Project Representative - definition of .................................................... J. 33 provisionfor ............................................................ 9.3 Xii EJCDC GENERAL CONDITIONS 1910 -9 (1990 EDITION) W/ CITY OF FORT COLUNS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOR'$ ............... 6.2 Responsibilities— CONTRACTOR's-in general.................................6 ENGINEER's-in general........................................9 Limitations n.............................................9.13 OWNERS -in general.............................................8 Retainage............................................................14.2 Reuse of Docum ents..................................................3.7 Review by CONTRACTOR Shop Drawings and Samples Prior to Submittal .........................6.25 Review of Applications for Progress Payments . .......... ............ . .......... ..14-4-14.7 Right to an adjustment............................................10.2 Rightsof way..........................................................4.1 Royalties, Patent Fees and ...................................... 6.12 Safe Structural Loading..........................................6.18 Safety. - and Protection ................................4.3 2 6.16, 6.IS. ..................................6.205.21, 7.2, 13.2 general .................................................... 6.20-6.23 Representative, CONTRACTORS .......................0.21 Samples -- definition of ............................... ...................... 1.34 general ................................ .................... 6.24-6.28 Review by CONTRACTOR ............................... 6.25 Review by ENGINM..............................6.26, 6.27 related Work......................................................0.28 submittal of. ................................................... §.24.2 submittal procedtueg..... ................................... 0.25 Schedule of progress.............................2.6. 2.8-2.9. 6.6. .........................................6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................2.6, 18.2.9, 6.24-6.28 Schedule of Values..............................2A, 2.8-2.9, 14.1 Schedules — Adherence to..................................................15.2.1 Adjusting...........................................................6.6 Change of Contract Timeq.................................10.4 Initially Acceptable ...................................... 28, 2.9 Preliminary ................................................... 2.6 Scope of Changes......................................10.3-10.4 Subsurface Conditions4.2.1.1 Shop Drawings -- and Samples. general.... ............................ 6.24-6.28 Change Orders & Applications for Payments, and ....... .... ....................... ...... 9.7-9.9 definition of......................................................135 ENGINEER's approval of ................................ 3.6.2 ENGIXEER's responsibility for review ..................................... 9.7. 6.24-6.28 related Work.....................................................6.28 review procedures ........ ........................ 2.8, 6.24-6.28 Article or Paragraph Number submittal required ............................................... ............ 6 24.1 Submittal Procedures.........................................6.25 use to approve substituting..............................6.7.3 Shown or Indicated...............................................4.3.1 Site Access ............................ ......................7.2, .. 13.2 Site Cleanliness......................................................6.17 Site, Visits to -- by ENGINEER .......................................... 92. 132 byothers..........................................................13.2 "special causes of loss" policy form. insurance...................................................... 5.6.2 ... .... definition of ...................... ....................136 ...... Specifications— definatin of....................................................1.36 of Technical Societies, reference to...................3.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Bcforq..............................2.5-2.8 Starting the Work.....................................................2A Stop or Suspend Work -- by CONTRACTOR .......................................... 15.5 by OWNER ..................................... 8.8. 13.10. 15.1 Storage of materials and equipmenl.....................4.1, 22 Structural Loading, Safety ....................................... 6,18 Subcontractor -- Concerning ................ definition of, ............................................... .....1.37 delays.............................................................12.3 waiver of rights................................................6.11 Subcontractors --in general.................................6.8-6.11 Subcontracts --required provision*,......„ 5.11, 6.11, 11.4.3 Subm ittals— Applications for Payment.................................14.2 Maintenance and Operation Manuals..............14.12 Procedures ....................... ............................... .6.25 Progress ScheduleA......................................2.6. 2.9 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............................6.30.2.3, 14.8-14.9 definition of...................................................1.38 Substitute Construction Methods or Procedure*,,,,,,, 6.7.2 Substitutes and "Or Equal" Items...............................6.7 CONTRACTOR's Expense ............. I...............0.7.13 ENGINEERS Evaluation .................................6.73 "Or -Equal" ................................................... 6.7.1.1 Substitute Construction. Methods E1CDC GENERA[. CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 5199) Article or Paragraph Number or Procedures..............................................6.7.2 Substitute Items............................................15.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatag to,,,,,,,,,,,,,,,,, ,,,,,,4.2.1.2 ENGINEER's Review.......................................4.2.4 general.............................................................4.2 Limited Reliance by CONTRACTOR Authorized, ................................. __ ........... 4.2.2 Notice of Differing Subsurface cr Physical Conditions ................ ............. ............ 4.2.3 Physical Conditions .............................. _....... 4.2.1.2 Possible Contract Documents Change...............4.2.5 Possible Price andTimes Adjustments,,,,,,,,,,,,,,, 4.16 Reports and Drawings ..................................... 4.2.1 Subsurfaceand, .................................................. 4.2 Subsurface Conditions at the SitQ...................4.2.1.1 Technical Data.................................................4.2 2 Supervision— CONTRACTOR's responsibility ............................4.1 OWNER shall not supervise................................8.9 ENGINEER shall not supervise ................ 9.2 9.13.2 Superintendence.......................................................6.2 Superintendent, CONTRACTORS resident...............§.2 Supplemental costs..............................................11.4.5 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, ................5.11.6.8.6.13,7.4,8.11,9.3.9.10 Supplementing Contract Documents ..........................3.6 Supplier — definitionof.....................................................1.40 principal references tq........... 3.7, 6.5, 6.8-6.11, 6.20, ....................................... 0.24.9,13, 14.12 Waiver of Rights...............................................0.11 Surety — consent to final payment .......................)4.12. 14.14 ENGINEER has no duty to................................9.13 Notification of,,,,,,,,,, ,, ,,,,,,,,,,,,,,,,,,, 10.1, 10.5, 15.2 qualification of ............ ................................. $.1-5.3 Survival of Obligations...........................................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 CONTRACTOR ....................... 6.15 Technical Data -- Limited Reliance by CONTRACTOR,,,,,,,,,,,,,,,, 4.2.2 Possible Price and Times Adjustments...............4.2.6 Reports of Differing Subsurface and Physical Conditions....................................4.2.3 xiv Temporary construction facilities..,,.,.1.,, ... ,,I..., .... .1 Article or Paragraph Number Termination -- by CONTRACTOR.............................._...........15.5 by OWNER........................................8.8, 15.1-15.4 of ENGINEER's employment .............................. 8.2 Suspension of Work-in general .............................15 Termsand Adjectives.............................................3.4 Tests and Inspections -- Access to the Work, by others ........... _..............13.2 CONTRACTOR's responsibilities ..................... _13.5 cost of 13.4 covering Work prior tq..............................13.6-13.7 Laws and Regulations(or) ............................... 13.5 Notice of Defects...............................................13.1 OWNER May Stop Work.................................13.10 OWNER's 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...........................................................0.6 Change of Contract............................................12 Computation of................................................17.2 Contract Times --definition of ...........................1.12 day.........................................................17.2.2 Hlestones..........................................................12 Requirements-- appeals..................................................9.1(. 16 clarifications, claims and disput4,,,,,,,,,,,,,,,„9.11. 11.112 Commencement of Contract Time* ............... 2.3 Preconstruction Conference ...........................2.g schedules.........................................2.6, 2.9.6.6 Starting the Work.........................................2.4 Title. Warranty of..................................................14.3 Uncovering Work............................................13.8-13.9 Underground Facilities, Physical Conditions -- definitionof....................................................JAI Not Shown cr Indicated ................................... 4.3.2 protection of..............................................4.3.6.20 Shown or Indicated ..................................... 4.3.1 Unit Price Work— claims.........................................................11.9.3 definition of....................................................1.42 general 11.9. 14.1, 14.5 Unit Prices-- generalll.3.1 Determination for ............................................ 9.10 Use of Premises................................6.16, 6.18, 6.30.2.4 Utility owners.............................0.13, 6.20, 7.1-7.3. 13.2 Utilization, Partial...................1.28, 5.15, 6.30.2.4, 14.10 Value of the Work. _............ _ _... _.. _. __ _------------ J 1.3 Values, Schedule of..............................2.6. 2.8-19, 14.1 Er()C GMMtAL CONDITIONS 1910-8 (IM EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (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 ......... _._ ...... 14.15 Waiver of Rights by insured parties .................. 5.11.6.11 Warranty and Guarantee, General. -by CONTRACTOR ................................................0.30 Warranty of Title, CONTRACTORs ........................14.3 Work -- Access to ........................... 13.2 byothers, ............................................................. 7 Changes in the .....................................................10 Coritinuing, the ..................................................0.29 CONTRACTOR May Stop Work or Terminate J5.5 Coordination of..........._ ....... ......... . .................. 7.4 Cost of the ................................................. 11.4-11.5 definition of ......... ........................................... J.43 neglected by CONTRACTOR .............. ............. 13.14 other Work 7 OWNER May Stop Work ................................. 13.10 OWNER May Suspend Work ................... J3.10,15.1 Related, Work at Site ..... I ............................... 7.1-7.3 Starting the ........................................................2.4 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 tq .............. 1.10,3.5,5.10,15.12. ......................... 0.6.2,6.8.2, 6.19,10.1, 10.4, ............................11.2, 12.1. 13.12.2, 14.7.2 Written Clarifications and Interpretations...................................3.6.3, 9.4.9.11 Written Notice Required — by CONTRACTOR ............................. 7.1, 9.10-9.11, ........................................... 10.4, 1 LZ 12.1 by OWNER ..................... 9.11, 10.4, 11.2, 13.14 xv EJCDC GENERAL CONDITIONS 1910.9 0 990 EDITIOM wl CITY OF FORT COLUNS MODIFICATIONS (REV 9/99) 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 (This page left blank intentionally) za EJCDC OENFRAL CONDITIONS 1910.3 (1990 EDITION) wl CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) GENERAL CONDMONS ARTICLE 1—DEEP[ MONS 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. Adoznda—Written or graphic instruments issued Prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed, other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be perfumed 1.6. Biddmg Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invitation to Bid, instructions to bidders, and the Bid form. L& Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an adchuorL deletion or revision in the Work, or an adjustment in the Contract Price or the Comma Times, issued on or after the Effective Date of the Agreement 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTORS Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EXDC OENEM CONDITIONS 1910.8 (1"0 FAtim) w/ CITY OF FORT COWM MODIFICATIONS ptEV 4r100m) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives Field Orders and ENGTNEER's written true etationa and clarifications issued pursuant to paragaphs 3.5, 3.6.1 and 3.63 on 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 42.1 and 4.22 are not Contract Documents, 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for cmnpletim of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGL\EEKs written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person firm or curpundiun with whom OWNER has entered into the Agreement 1.14. defective —An 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 Documents, or does not meet the requirements of any inspection reference standard test or approval referred to in the Contract Documents, or has been damaged price to ENGUEER'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. Drawings --The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and Much have been prepared or approved by E-NGTNEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined 1.16. Effective Date of die Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant --A person, firm or corporation having a contract with ENGDJEER to famish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Onfer—A written order issued by ENGINEER which orders mirror changes in the Wort: in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times 120. General Requirements —Sections of Division 1 of the Specifications. 121. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal AG (42 USC Section 6903) as amended from time to time. 122.a Laws and Regulations: Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction 1.22.b. Legal Holidays --shall be thou holidays observed by the ityofFort Colli . 1.23. Liens --Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of Award —A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated thereim within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to nun and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 127. 01VAER—The public body or authority, cotiont, association, fine or person with wham CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 128. Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) puce to Substantial Completion of all the Work. 129. PCBs—Polychlorimted biphenyls. 1.30. Petrolewn--Petroleum, including crude oil or any fiaction thereof which is liquid at standard conditions of tam aim and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other rant -Hazardous Wastes and crude oils 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EXT C GENEMI. CONDIT1O`S 1910.8 U 990 E(ktkn) w/ CITY OF FORT OD UM MODIFICATIONS (REV 42000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Woridne Hours --Regular working hours are defined as 7:00am to 6700am unless otherwise sSecified in the General Requirements. 1.33. 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 be judged 1.35. Shop Drawings -All drawirgs, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 136. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontraciar--An 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. 1.38. Substantial Completion —The Work (or a specified part thereo has progressed to the point where, in the opinion o ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementer, Conditions —The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Faci/ties—All pipelines, conduits. ducts, cables, wires, manholes, vaulta, tanks, tumnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to fumish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Rbrk—Work to be paid for on the basic of unit prices. 1.43. Work --The entire completed construction or the various separately identifiable pans thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and Cumishirg and neorporafN materials and equipment into the consMrction 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 Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph4.2 or 4.3 or to emergencies under paragraph6.23. A Wort: Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiation by the panics as to its effect. if any, on the Contract Price or Contract Times as provided in paragraph 1U2. I A5. Wiitten Amen&nenf—A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall famish 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 cost of reproduction. Commencenerrt ofConaver Times; Notice to Proceed• 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EJCDC GENERAL COND[TIOM 1910-8 (19%E6tim) w/ CITY OF FORT COIIJNS MODIFICATIONS (REIN 4/22000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In as evem, vide The Cone so r:_ -- ommenae to fret I &v of -the :4gteea,e;,�:,hevc�f-deie-is eer&a: Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to tun, but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Starrog 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 whist CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or FNGINF,FR 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 (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Docunents; 2.6.2. a prelim i ary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.62.1. In no case will a schedule be acc ble which allows less than 21 calendar days for each review by Engineer. 2.6.3. A prelim iriary schedule of values for all of the Work which will include quantities and prices of items aggregatn'ng the Contmct Price and will subdivide the Work into component pans 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 and O;W shall each deliver to the 6thff OWNER, with copies to w4h--�uur2d ENGINEER certificates of insurance (and other evidence of insurance quest e4e1 by OWNER) which CONTRACT O end ----------- era required to purchase and mainn = in accordance with paragraphs 5.4,+ and 5 :. Preconsym rian Conference: 2.8. Within twenty days after the Contract Times start to rum, but before any Work at the site is started a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working 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 requred records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents. at 4ea* ten *9 befere submisateit of the fir before any work at the site burins a conference attended by CONTRACTOR ENGINEER and others as appropriate desienated by OWNER will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph2.6. and Division 1 - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules arc submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequentcm scheduling or progress of the Work nor interfere with or relieve CONTRACTOR frorn CONTRACTOR's full responsibility therefor. CONTRACIOR's schedule of Shop Drawing and Sample submissigns will be acceptable to ENGINEER as prrnndng a workable artangerncnt for reviewing and processng the recluved submittals CONTRAGTOR's s dtelule of values wall be acceptable w ENGINEER as to form and substance. ARTICLE 3-CONTRACT DOCUMENTS: INTENT, AMEND][NG, 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 EICDC GENERAL CONDITIONS 1910E (1990 Edition) w/ CITY OF FORT COLLINS MODIR CATIONS (REV 42000) describe a functionally complete Project (or part thereot) to be constructed in accordance with the Corrtiact Documents. Any Work, materials or equipment that may reasonably be inferred from 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 moaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9A. 3.3. Reference to Standards and Specifications of Technical Societies,• Reporting and Rewhing Discrepancies: 33.1. Reference to standards, specifications manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard. specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Aida)• except as may be otherwise specifically stated in the Contract Documents. 3.3.2. IC during the performance of the Work. CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, ancl, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 33.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and 3.3.3.1 the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of arty 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, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER. ENGINEER or any of ENGINEER's Consultants. agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the tams "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable" "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is 'attended that such requirement, dvecLon, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such tent or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the famishing 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 Contract Documents Amending and Supplementing Cotmuct Documents: 3.5. The Conrad Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order Cmirsuant to paragraph 10.4). or EtCDC OENERat CONDMOM 1910,8 (19" Eagan) tv/aTY OF FORT C01.11M MODTICAMNS (REV 42000) 35.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.9 3.6.2. ENGINEFR's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse ofDocumen& 3.7, CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (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 verification or adaptation by ENGINEER ARTICLE 4--AVAILABELITY OF LANDS; SUBSURFACE AND MYSICAL CONDITIONS; REFERENCE POINTS Availability ofLandr. 4.1. OWNER shall furnish 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 CONTRACTOR Cltl NER _hat rurn6h nGNT of neecxdano�sv' Y Lew" _. nth --applicable- -..-a.,d—:�uladOtss: 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 an entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's f finishing 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 corrntructiah facilities or storage of materials and equtpmcnt. 4..Z Subsurface and Physical Conditions 4.2.1. Reports and Drarings: Reference is made to the Supplementary Conditions for identification of. 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.22. Limited Reliance by CONTRACTOR Aiahorized• Tech dcal Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Document.. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such'teclinicel data', CONTRACTOR may not rely upon or make any claim against OWNER ENGINEER or any of ENGINFER's Consultants with respect to: 4.22.1. the conpletenm of such reports and drawings for CONTRACTOR's purposes. including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2 �'_'. other data, interpreations, opinions and information contained in such reports orshown or indicated in such drawings, o 4.22.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Dtjianing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 42.3.1, 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 maccvratc, or 4.2.32 is of such a nature as to require a change in the Contract Documents or 4.2.3.3. differs materially from that shown or EXDC 0040 I. COMNTI0M 1910.8 (1990 Editim) w/ CITY OF FORT OOLUNS MODIFICATIONS (REV 4r'000) indicated in the Contract Documents, or 4.2.3.4is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recogniad as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly mmediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as pp�ammtimcd by paragraph6.23), notify OWNER and INGINEER in unnng about such condition. CONTRACTOR shall not further disturb such cosditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. L•NGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER!s findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Wok 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 Times Ai#ustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONIRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to anv such adjustment 4.2,6.3. with respect to Work that is paid for on a Urtit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not he entitled to any adjustment in the Contract Price or Tithes 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 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of an) - examination. investigation, exploration test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR tailed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12, However, OWNER LNGENEER end ENGWEER's Consultants shall not be liable to CONTRACTOR for any claims, carts, losses or damages sustained by CONTRACTOR on or in connection with any otter project or anticipated project 4.3. Phj4cal Conditions -Underground Facilities: 4.3.1. Shown orindicated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on infatuation and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsble for the accuracy or completeness of any such information or data; and 4.3.12. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: () reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents.(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in pangraph6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Nor Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Docu icnts, CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except In an emergency as required by peragmph 6.23), identify the owner of such Underground Facibty and E1CDC GENERAL CONDITI OM 1910.8 (1990 Edam) w/ CITY OF FORT COLLI\S MODIFICATIONS (REV 4/.'000) give written ratite to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent, 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 Contract Documents is required, 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 protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shell may be allowed an increase in the Contract Price or an exterti on of the Contract Times, or both, to the extent 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 arry such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants 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 Points: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work - CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no charges or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. .Asbestos, PCBs, Petroleum. Hazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Haaardous 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 Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, suppliers or anyone else for whom CONTRACTOR is responsible. Warkirr-earwesti�;:aihcu -_a_.._ _:_a:«� __a inanyarcs-Te.ie 1 df!t (etcsege �t w ea ea ar _..a �,.. c[�z .e-ration ifety,. C(PgRAC-TOR shall not be fequied to fesifne Wed re ndered seiv for -QL '�_Jr S!+�R . non net nerinat OP!, so to ent'llement is e C,._._.._. TL...P_ .. _.la W'erk ykK pegz-0r sash speedo} c� rtditi�rts„.order whn h Werk is either -part- to Articles l-l-and-l� dal -written -+nudes lief it isAutaik, or -does -net cbaditi tha-61'cxk�axtion-with such hmnrdous cc"etdition or-irrsaek-s$aet 011 ikx�-LVcx'. either-party-me}+meke a eleimtherefer es -provided ion portion--©kt#ttWerk-gerfenued �.v._.MIPS effieers; directors, empleyees; agents, other eonsultanLq end of e8eh and any of daarit3r.;-.Out of OF FestAing ffem sue hazardous condition prevideditlte"�c*'r� cheleimt-, ion 9W ER to -indemnify any - person or-entity-fi%om and Winst-tlw-consaquancas-of-dxtC-persats or-anttys Asbestos; PG85; petroleum v....__a... .. rl r...n_ ... D..a:mi;l. o •Rise....-uwoveped at �ISitl- EICDC OENEFLAL CONDITIOM IVIos (1990Eation) w/ QTY OF FORT COUINS MODIFICATIONS (REV 412000) ARTICLE S-BONDS AND INSURANCE Performance, Payment and Other Bon& 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRA('TOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until me year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Comma Documents. CONTRACTOR shall also furnish such other Bonds as ere required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed 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 Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Opxrations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.1 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 part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter suhstimte another Bond and surety, both of which must be acceptable to OWNER 5.3. Licensed Sureties and Insurers; Certificates of Insurance 5.3.1. All Bonds and irsuranoe required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly Licensed or authorized 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. 5.3.2. 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 OkW;ER shall CONTR.4CTOR's LiaNfia), Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other imwance as is appropriate for the Work being performed and f rrmshed and as will provide protection from clauns set forth below which may arise out of or resuh front CONTRACfOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Doctanertts, whether it is to be performed or furnished by CONTRACTOR any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of than to perform or famish any of the Work, 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 bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; damages hiclrsresustairml: 5.4.5. claims for damages, other than to the Work itself, 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: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include as additional insureds (subject to artyr customary exclusion in respect of professional liabilityty) OWNER ENGINEER INGINEER's Corstuhents and any other persons or entities identified in the Supplementary Condition, all of whom shall be listed as additional utsreds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by taws or Regulations, whichever isgreater, 5.4.9. include completed operations insurance; E1CDC GENERAL, CONDITIONS 191M (1990 Edum) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4200M 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 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 clanged or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to wham a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.32 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Wort: 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 etTect f x at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to when a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 0TVAER'sLiabi6ry Insurance: 5.5. In addition to insurance required to be provided b CONTRACTOR under paragraph 5.4, OWNER, at WNER's option, may purchase and maintain at OWNER's etglense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents Property Insurance: 5.6. --L tho-Supplemrnlery 09fldiUSFIS; OWNER _Call PUFOhaSe J 1x�11e'rtY' orthe Work tit site -inthe -Bfttu t la,._..... oest.L-'_err /_.L'to si-A 'er required by Laws all - 6.6.1. inelade the iraere" of GA94E FE1ll7TR�N'I'C1R, SubeenVaeta�36 EIZ's-Gorr; uhants-and-ate-er emit' ands} e4Fk�alid ee en insuredor-eddittoral insured; epaar-peril-kx specarFca+tseco�kass-polic}4oFm411et shall R1 leaia L,.l. A.. :......�..�...� damage40-dle WoFk�eunpo�y4lrah#ur{elsework and Wadi _Rkm r._ lighai:i.V, Witena