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HomeMy WebLinkAbout389648 A-1 CHIPSEAL CO - CONTRACT - BID - 8522 ASPHALT SURFACE TREATMENT PROJECTCity of Fort Collins �Pur�chas�ingg SPECIFICATIONS AND Financial Services Purchasing Division 215 N. Mason St. 2n' Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.22 1 .6707 fcgov.com Purchasing CONTRACT DOCUMENTS FOR ASPHALT SURFACE TREATMENT PROJECT 2018 RENEWAL BID NO. 8522 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS 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. Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: 50.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date. By: Payment of the above Amount Due This Application is approved by the OWNER. 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 Summary of Work 01040 Coordination 01310 Construction Schedules 01330 Survey Data 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 1-2 General Requirements 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 1. 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 William Welborn will be the Pavement Engineer/Civil Engineer for the City of Fort Collins. Tom Knostman 970-221-6576 Mobile 970-679-7947 William Welborn 970-221-6654 Mobile 970-775-8357 F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - Page 1 of 14 SECTION 01010 SUMMARY OF WORK UTILITIES Water: City of Fort Collins, Colorado 970-221-6700, Meter Shop: 970-221-6759 Fort Collins Loveland Water District: 970-226-3104 Storm Sewer: City of Fort Collins, Colorado 970-221-6700 Sanitary Sewer: City of Fort Collins, Colorado 970-221-6700 Electrical: City of Fort Collins, Colorado 970-221-6700 Gas: Xcel Energy Emergency 1-800-895-1999 Local Contact: Joe Reyes (970) 225-7850 Telephone: UNCC / 1-800-922-1987 Local Contact: Debbie Kautz 970-689-0635 Traffic Operations: City of Ft. Collins, Colorado 221-6630 Cable Television: Comcast 970-493-7400 Emergency 800-934-6489 *Utility Notification Center of Colorado (UNCC) - 811 1-800-922-1987 AGENCIES Safety: Fire: Larimer County Sheriffs Department: Non -Emergency: 970-416-1985 Occupational Safety and Health Administration (OSHA): 303-844-3061 or 303-844-5285 Denver Office Poudre Fire Authority Non -Emergency: 970-416-2891 Poudre Valley Hospital Non -Emergency: 970-484-1227 or 970-495-7000 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 970-221-6540 Emergency: 911 Postmaster: US Postal Service: 970-225-4111 or 970-472-4022 Transportation: Transfort: 970-221-6620 Traffic Engineering: 970-221-6630 END OF SECTION 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. Identif►cation 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. Itoo 00)OWx01111910 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 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 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. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). 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 of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or Engineers employed by the Owner. The Contractors control system shall specifically include all testing required by the various sections of these Specifications. General Requirements — Page 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 "9aOx"Iwall)ON" Z0711 A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1.2 DUST CONTROL A. The Contractor shall abide by the City of Fort Collins "Dust Control Manual" located herein the contract documents under section 4000. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins limits. B. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. C. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual. General Requirements — Page 11 of 14 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. 11►1Z6II.011TOR N General Requirements — Page 12 of 14 SECTION 01700 CONTRACT CLOSEOUT 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 of the drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered. B. These record drawings along with any survey records, photographs and written descriptions of said work as may be required by the 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 2017 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 102 Bidding Requirements and Conditions 105 Control of Work 108 Prosecution and Progress DIVISIONS 208 Erosion Control 409 Chip Seal 630 Construction Zone Traffic Control may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNER: CITY OF FORT By: DARI By: GERWY PA PURCHASING DI . ECTOR Date: 5� ' &) Attest: City Cl Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Approved as to Form Z�� Ass ant City Attorney I I INS ANAGER rLZn SEAL �,,•' ,;••......•;;off CONTRA TOR: A-1 PHIPSEAL, i A COMPANY By: M Title:eSiC�2Y1'� Date:4-23- if) (CORPORATE SEAL) At st: Address for giving notices: ,!�50 5 E . -T'- +" Age - License No.: REVISION OF SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Section 102.02 — BIDDING REQUIREMENTS AND CONDITIONS - is hereby revised as follows: The Department will publish bidding opportunities to prospective bidders on the Rocky Mountain E-Purchasing System (RMEPS). The forms on this website will state the location and description of the contemplated construction and will show the estimate of the various quantities and types of work to be performed or materials to be furnished, and will have a schedule of items for which unit bid prices are invited. The forms will also state the time in which the project must be completed, the amount of the proposal guaranty, and the date, time and place of the opening of proposals. All bidders on projects shall submit hard bid/ physical submittals only. 2 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 of work and materials installed, and may lose contract working days as determined by the Owner. The Contractor shall not be entitled to compensation for delays associated with non -compliant periods. 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 SUMMARY OF CONTRACTOR SUBMITTALS Section No. Description Approval Needed Reoccurring 105.10 Contractor Management Packet — EMS Yes No 108.03 Project Schedule Yes Yes 208.02 Erosion Control Devices Yes No 208.06 1 Spill Kit: List of items included Yes No 409.00 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 105-1 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, CDOT, and local utilities including but not limited to Xcel Energy, Comcast and CenturyLink may contract for and perform other or additional work on or near the Work of the project. When separate contracts are let within the limits of the project, each Contractor 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: smirelesAfc oQ v.com The City will remove existing and install all pedestrian traffic signal equipment. City Traffic Signal Contact: Britney Sorenson Phone: 970-222-5533 Email: bsorensonAfcgov.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 operations so that progress is expedited, duplication of work is minimized, and impacts to traffic are minimized. 4 REVISION OF SECTION 105 CONTROL OF WORK The City will remove and install all pennanent signing. City Signing and Striping Contact: Rich Brewbaker Phone: 970-221-6792 Email: rbrewbaker a,fc ov.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: lunruh(tHcgov.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 after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above. REVISION OF SECTION 105 CONTROL OF WORK 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. I_1XV4bY61aWMAUMMIZI0 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 M REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: SCHEDULE Subsection 108.03 - Schedule - shall include the following: A schedule of work must be provided prior to the start of work, 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-five (45) consecutive working days, and the project start date shall be within the first week of June and all work shall be completed during the months of June and July 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 June, 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-five (45) 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 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised as follows: DESCRIPTION Subsection 208.01 shall be revised as follows: This work shall consist of constructing, installing, maintaining, and removing when required, erosion control measures during the 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 lbs per linear foot 3. Diameter: Approximately 5 inches 4. Geotextile fabric: Made of a durable fabric with atypical weight of 6-10 oz/yd. CONSTRUCTION REQUIREMENTS Subsection 208.04 — Best Management Practices for Stormwater - shall be amended to include the following: 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 REVISION OF SECTION 208 EROSION CONTROL 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 stone water management plans shall be paid for as a Lump Sum per phase of work completed. 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. .0 REVISION OF SECTION 208 EROSION CONTROL BASIS OF PAYMENT Subsection 208.12 shall include the following: Payment will be made under: Pay Item 208.01 Stormwater Protection — Wattle (Supplied by the City) 208.02 Stormwater Protection — Wattle (New supplied by Contractor) 208.03 Stormwater Inlet Protection — Fabric and Wattle (Fabric supplied by Contractor, Wattle supplied by the City) 208.04 Stormwater Inlet Protection — Fabric and Wattle (Both New, supplied by Contractor) 208.05 Environmental Management Logs and Procedures Unit Lineal Foot Lineal Foot Each Inlet Each Inlet 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 CHIP SEAL 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. 11 SECTION 00530 NOTICE TO PROCEED Description of Work: 8522 Asphalt Surface Treatment Project - 2018 Renewal To: A-1 Chipseal Company 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 M Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR: A-1 Chipseal Company 0 Title: REVISION OF SECTION 409 CHIP SEAL Table 702-3 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-lbs, min 110 CP-L 2210 Tenacity, in lbs, min 75 CP-L 2210 Elastic Recovery, 25°C 75 AASHTO T301 Softening Point, Ring & Ball, °C 57 AASHTO T 53 Solubility in Trichloro ethylene, % 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-1HL (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 of the 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 the Engineer to assure that it is the same as that used in the mix design. 12 REVISION OF SECTION 409 CHIP SEAL 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. 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". 13 REVISION OF SECTION 409 CHIP SEAL Stockpiling of Aggregate: Precautions shall be taken to ensure 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" 0-3 5 100 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 T104, or 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 14 REVISION OF SECTION 409 CHIP SEAL 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 of AASHTO M 17 or ASTM 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 slung. 4. To increase the durability of the cured slurry. Screening of aggregate shall be required at the quarry prior to delivery to the job site. Oversized material and/or clay balls in the slurry seal shall be cause 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 II 3/8" ( 9.5 mm) 100 No. 4 ( 4.75 mm) 90 - 100 No. 8 ( 2.36 mm) 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. 10710:401ILI11"Z 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 15 REVISION OF SECTION 409 CHIP SEAL 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 2 - 3 cm Excess Asphalt ISSA T109 IF 50 g/ft- max Wet Stripping Test ISSA T114 F Pass (90% min) Compatibility ISSA T115 F Pass* Quick Set Emulsion IF ISSA T102 IF Pass** 16 REVISION OF SECTION 409 CHIP SEAL TEST PURPOSE METHOD IF SPECIFICATION Wet Track Abrasion ASTM D3910 1 Hour Soak Loss 50 g/ftz max (538 g/mz max) 6 Day Soak Loss 75 g/ft'- max (807 g/m2 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 www.fcgov.com/streets." Subsection 409.04 — Weather Limitations - shall include the following: No bituminous material shall be applied as follows: 1. 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. Subsection 409.05 — Equipment - shall include the following: 17 REVISION OF SECTION 409 CHIP SEAL 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: Proportionine 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. Cleanine Equioment 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) 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 18 REVISION OF SECTION 409 CHIP SEAL 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. Anrevte 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 Spreading Eauinment 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 manner to 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 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 19 REVISION OF SECTION 409 CHIP SEAL capacity often cubic yards, and the negative air pressure at the intake shall be rated at forty six inches of negative water pressure. Auxiliary Equipment 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. • 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. 20 REVISION OF SECTION 409 CHIP SEAL 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 or other 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 may be 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 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 21 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 REVISION OF SECTION 409 CHIP SEAL 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 lbs/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 Gal/SY Aggregate 55 lbs/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 of year. The application rate may be modified at any time during the course of the construction upon approval by the Engineer. Emulsion Application Bituminous material shall be applied by means of a 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 22 REVISION OF SECTION 409 CHIP SEAL 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(]) 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 of adjacent 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. AEereEate Application 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 of the 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 afterthe cover coat is spread, any deficient areas shall be covered by additional material. Rollin 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'/z) minutes of the 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. SweepinE 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 23 REVISION OF SECTION 409 CHIP SEAL 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. Fog 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-2P to the surfaces. APPLICATION — SLURRY SEAL Slurry Seal application rate shall be 18 lbs/sy minimum — 21 lbs/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. 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. 24 REVISION OF SECTION 409 CHIP SEAL 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 Stabilit 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. Curin 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. Rolline 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. 25 REVISION OF SECTION 409 CHIP SEAL Cleanup 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 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: REVISION OF SECTION 409 CHIP SEAL AMOUNT BELOW MINIMUM APPLICATION RATE PERCENTAGE REDUCTION IN 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 409.05 Type If Slurry Seal (Collector) Square Yard 409.06 Type II Slurry Seal (Residential) Square Yard 409.07 Type 11 Slurry Seal (Parking Lots) Square Yard 409.08 Cape Seal (Arterial) Square Yard 409.09 Cape Seal (Collector) Square Yard 409.10 Cape Seal (Residential) Square Yard 409.11 Slurry Trav Crack Leveling (30" band width,'/4 to 2" crack) Lineal Foot 409.12 Slurry Surface Leveling (1/4 to %z" thickness per lift) Square Yard 409.13 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 27 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 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 Is 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://citvdocs.fcgov.com/?dt=Master+-Street+Plan+M ap&dn=GIS+MAPS&vid=192&,cm d=showdt MATERIALS Subsection 630.02 — Signs and Barricades - shall be amended to include the following: It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic; the street(s) shall be posted for "NO PARKING". "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 of work and shall clearly show the type of work, and the day, date, and times that the message on the sign is in effect. (For example, if a street is to be repaired on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., Concrete Repairs (see sample "NO PARKING" sign on page 4). "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean-up operations completed. No Parking signs shall only be placed, maintained and removed by a representative of the Contractor, the Traffic Control Supervisor, or Flagger. The contractor shall not have "No Parking" signs up and posted where work is not anticipated. Signs 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 type of work, date, and time shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters. The "NO PARKING" signs shall be in effect for a maximum of three (3) days without refreshing the dates. Metal sign poles and/or metal "No Parking" signs shall not be permitted. All signs must comply with the most recent version of the City of Fort Collins "Work Area Traffic Control Policies and Procedures" manual. 28 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The above two (2) pictures are examples of the `No Parking" signs that are currently acceptable for this contract and for use in the City 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 arrange for towing. If 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. The Contractor shall have an approved Traffic Control Plan on site at all times. Traffic control signage on the construction site shall be set up in accordance with the approved traffic control plan and in accordance with the specifications. Work performed by the Contractor without an approved traffic control plan or when specified and approved "NO PARKING" signs have not been placed as required by the specifications shall not be paid. The Contractor shall also be subject to a pay deduction of up to $1,000.00 per occurrence per day for traffic control not in compliance with referenced specifications or requirements contained herein. Issues subject to deductions may include but are not limited to: Traffic Control Supervisor not on the project site at all times (unless pre -approved by the Engineer) An approved traffic control plan not on site Traffic control device set up by flagging personnel unless 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 issue a written warning to the Contractor, Subcontractor, and/or Traffic Control Supervisor documenting the type of violation. The Engineer shall determine the deduction amount based on the Engineers' opinion of the infraction severity and the number of previous infractions. Upon issuance of 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/or flagging personnel within two weeks of the third notice without an adjustment to contract price or working days or the Contract may be terminated and rebid. 29 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 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. Any necessary adjustments shall be made. The Contractor and Engineer shall also review and determine the proposed means of handling parking and traffic control for the upcoming work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of their work. The Contractor shall maintain access at all times to all businesses within the project. The installation schedule shall be communicated to all businesses and residents affected by the work at least 48 hours prior to starting work. Any 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. 30 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL NO PARKING Wed July 7 7:00 AM - 6:00 PM CAPE SEAL 31 SECTION 00610 PERFORMANCE BOND Bond No. 30041181 KNOW ALL MEN BY THESE PRESENTS: that A-1 Chipseal Company 2505 E 7411 Ave., Denver CO 80229 (>), (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, FortCollins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Two Million Two Hundred Thirteen Thousand Four Hundred Sixty -Three Dollars and Sixty Cents ($2.213 463 60) 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 23rd day of April in the year of 2018, 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 - 2018 Renewal, 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. REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 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 of the 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 Contractor's Association (CCA). 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 Project Specifications -Page 19 of 37 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 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 It, 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 handling traffic does not relieve the Contractor of liability 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 of certification shall be submitted to the City Traffic Control Manager and Engineer, for all personnel assigned to the project. 33 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 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: a. Date b. Time of the inspections c. Project description and location d. Traffic Control Supervisor's name 34 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 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 under the supervision of a 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. 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. 35 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 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. I:�[.9LY�7�7V/�I�1�MY Subsection 630.16 shall be revised as follows: Pay Item 630.01 Variable Message Board Unit 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. Special conditions for work on collectors and arterials 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 are not in the vicinity of an intersection. the engineer will authorize such work and specify the required distance from the intersection. IR REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 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 37 2018 Project Area Maps • All Projects in Alphabetical Order for 2018 o Brown Farm o Cedar Village 2 o College Heights 1 o Cottonwood 1 o Eldorado 1 o Foothills Village o Golden Meadows 2 o Lakeside o Landings 1 o Lark 1 o Larkborough 2 o Poudre Plains o Provincetowne East 2 o Silverwood 1 o Village Park 1 o Westbridge 1 o Westbrooke 2 o Willox 1 It . :I ri '._��",,,�� 11�11 r.�►�' h �� .,,� fir''© 9i-tl S�� City F6rt Collins 1Streets� :)WY OWL CIR -----JSPAUEDING LN BRISTLECONE DR w Legend ASTP2018Grid 2018, Surface Treatment Natural Area Parks F/71-1 Schools City Limits STREET MAINTENANCE PROGRAM (SMP) Asphalt Surface Treatment Projects 2018 Revised March 28, 2018 TA VELLl EL E TEAL DR _J 0 rn —J -- --------- BRAMBLEBUSH ST ANCE CIR IN LL 0 CA~ SSIDY OR Jc? it Cr GROUSE Cl Abm 0 COULTER ST U) NOKOMIS CT 3 CT SITSKAST z CONIFER ST LUPINE DR YARROW W -c iR. 0: z 0 Eu- 0 —J U.1 Project Area: Willox 1 Map 2 of 17 City of /''Fort Collins ,- Streets � STREET MAINTENANCE PROGRAM (SMP) Asphalt Surface Treatment Projects 2018 Revised March 28, 2114 Project Area: Poudre Plains Map 3 of 17 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 30th day of April 2018. IN R SENCE OF: tephanie allis Corporate Secretary (Title) (Corporate Seal) IN PRESENCE OF: IN PR ENCE OF: Witness (Surety Seai) Principal A-1 ip al Compa By: Daniel J. ryzmala President (Title) 2505 E. 74th Avenue, Denver, CO 80229 (Address) Other Partners By: By: Surety We5�ern Surety Compan .11 Kar n A. Feggestad, Attorn y-I -Fact 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. 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Stree�� STREET MAINTENANCE PROGRAM (SMP) Asphalt Surface Treatment Projects 2018 Revised March 28, 2r"R Project Area: Brown Farm Map 7 of 17 i 00 O V ,r D_ z m z D z 0 m O C) D N C/) o Oo ., O. CD 0 D CD n 0 cD co CD 0 CB' N A) V 0o O V ,1 on 04 0h CD r— cn 7T _D z m z D z n m O O X D 3 Fort Collins '�`�-' Streets STREET MAINTENANCE PROGRAM (SMP) Asphalt Surface Treatment Projects 2018 Revised March 28, 2018 Project Area: Cottonwood 1 Map 10 of 17 O. 9 Iv V O h V ® I 0 C Z 7 2 .a m ° D M\ mpt? z N z d% ,� Lc�`,Q� APPALOOSA CT O� n \ 8 57 N 3ZO 's0� CHAPARRAL DR N m d WORTHINGTON AVE — OS' O Z D d a a ti mop ' =c m ci z a^a�� �'`� ay 2 x vmi m x CD y'1• r,'��,' 1D ON di 39W(lO a� Y o i x m m L �a\d \ i X / X cn 'Q COLONY DR ,oGG m 3 C OZT cT n �i v rn NtlW3Zo9 � x ti j 10 � ` b ZUNI CIR CHIVALRY CT OT! 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D $ , ic U) .� N Cl) N O m City of �''F�ort Collins ,- Street`s STREET MAINTENANCE PROGRAM (SMP) Asphalt Surface Treatment Projects 2018 Revised March 28. 2018 Project Area: Eldorado 1 Map 12 of 17 City of F�ort Collins - .Streeetts STREET MAINTENANCE PROGRAM (SMP) Asphalt Surface Treatment Projects 2018 Revised March 28. 2-8 Project Area: Silverwood Map 13 of 17 SECTION 00615 PAYMENT BOND Bond No. 30041181 KNOW ALL MEN BY THESE PRESENTS: that A-1 Chipseal Company 2505 E 741" Ave., Denver CO 80229 (►icildidkbtifaibi, (r�tb, (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 Two Million Two Hundred Thirteen Thousand Four Hundred Sixty -Three Dollars and Sixty Cents (12,213,463.60) 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 23rd day of April in the year of 2018, 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 - 2018 Renewal. 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. O CD n D (D CD CA rt O O X, CD i 9 Ti 0� O nh 0 fD r— V, T c a� n CD 3 CD z rt O m 0 cn D_ z m z D z n m X O 0 X D N Cn o c City of F�ort ,Collins ,-/ Streeetts_�- CT BREAKWATER t- w O f- rn LITTLE PEOPLES Legend ASTP2018Grid 2018, Surface Treatment Natural Area Parks 1 Schools CT City Limits STREET MAINTENANCE PROGRAM (SMP) Asphalt Surface Treatment Projects 2018 U 3� U w Q a w J N DR 1 Project Area: Landings 1 Map 15 of 17 'O O, CD 0 rr D CD N O O a7 CD CD su Q OC G N N 9 T i a� 0 O cD w r« 3 CD rr O (u n rr N D_ z m z D z n m O O D N C/) O_ CO Fort of �treet_s STREET MAINTENANCE PROGRAM (SMP) Asphalt Surface Treatment Projects 2018 Revised March 28. 2^+a Project Area: Provincetowne East 2 Map 17 of 17 SECTION 04000 Erosion Control, Inlet Protection, Fugitive Dust Prevention Index: Part 1- Dust Prevention and Control Manual Part 2 - Environmental Standard Operating Procedures ''I u 'Pr st, evenit I d Contro[T City of 4 Adopted by Ordinance No. 44, 2016 Flirt Collins ins ►r�� CONTENTS 1.0 Introduction 1 1.1 Title 1 1.2 Purpose of Manual 1 1.3 Applicability 1 1.4 Definitions 2 2.0 Fugitive Dust and the Problems it Causes 5 2.1 What is Fugitive Dust, Generally? 5 2.2 Why is the City Addressing Fugitive Dust? 5 2.3 Health and Environmental Effects 6 2.4 Nuisance and Aesthetics 6 2.5 Safety Hazard and Visibility 6 3.0 Best Management Practices 7 3.1 Earthmoving Activities 8 3.2 Demolition and Renovation 10 3.3 Stockpiles 12 3.4 Street Sweeping 14 3.5 Track-out/Carry-out 15 3.6 Bulk Materials Transport 16 3.7 Unpaved Roads and Haul Roads 18 3.8 Parking Lots 19 3.9 Open Areas and Vacant Lots 21 3.10 Saw Cutting and Grinding 22 3.11 Abrasive Blasting 24 3.12 Mechanical Blowing 26 4.0 Dust Control Plan for Land Development Greater Than Five Acres 28 Dust Prevention and Control Checklist 31 5.0 Resources 32 5.1 Cross Reference to Codes, Standards, Regulations, and Policies 32 5.2 City of Fort Collins Manuals and Policies 35 5.3 References for Dust Control 35 Dust Prevention and Control Manual Page i 1.0 Introduction 1.1 Title The contents of this document shall be known as the Dust Prevention and Control Manual ("the Manual"). 1.2 Purpose of Manual The purpose of the Manual is to establish minimum requirements consistent with nationally recognized best management practices for controlling fugitive dust emissions and to describe applicable best management practices to prevent, minimize, and mitigate off -property transport or off -vehicle transport of fugitive dust emissions pursuant to Chapter 12, Article X of the Fort Collins City Code (§§12-150 et. seq) for specific dust generating activities and sources. The purpose of Chapter 12, Article X of the Code is to protect the health, safety, and welfare of the public, including prevention of adverse impacts to human health, property, sensitive vegetation and areas, waters of the state, and other adverse environmental impacts and to prevent visibility impairment and safety hazards caused by emissions of particulate matter into the air from human activities. 1.3 Applicability This Manual applies to any person who conducts, or is an owner or operator of, a dust generating activity or source, as defined in the Code and described in this Manual, within the City of Fort Collins, subject to the exclusion set forth in Code §12-150(b)(3). Dust Prevention and Control Manual Page 1 1.4 Definitions Abrasive blasting shall mean a process to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Additional best management practice shall mean using at least one additional measure if the required best management practices are ineffective at preventing off -property transport of particulate matter. Additional requirements shall mean when applicable, any measure that is required, e.g., a dust control plan when project sites are over 5 acres in size. 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 transport 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. Code shall mean the Fort Collins City Code, as amended from time to time. Cover 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. Dust control measure 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. Dustgenerating activity or source 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. Earthmoving 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, or vent Local wind speed 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. Mechanical blower 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. Off -property transport 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. On -tool local exhaust ventilation shall mean a vacuum dust collection system attached to a construction tool that includes a dust collector (hood or shroud), tubing, vacuum, and a high efficiency particulate air (HEPA) filter. On -tool wet dust suppression shall mean the operation of nozzles or sprayers attached to a construction tool that continuously apply water or other liquid to the grinding or cutting area by a pressurized container or other water source. Open area shall mean any area of undeveloped land greater than one-half acre that contains less than 70 percent vegetation. This includes undeveloped lots, vacant or idle lots, natural areas, parks, or other non-agricultural areas. Recreational and multi -use trails maintained by the City are not included as an open area. Operator or owner 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. Sensitive area 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. Stockpile shall mean any accumulation of bulk materials that contain particulate matter being stored for future use or disposal. This includes backfill materials and storage piles for soil, sand, dirt, mulch, aggregate, straw, chaff, or other materials that produce dust. Storm drainage facility shall mean those improvements designed, constructed or used to convey or control stormwater runoff and to remove pollutants from stormwater runoff after precipitation. Dust Prevention and Control Manual Page 3 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 30th day of April 2018. IN RE ENCE OF: tephanie allis Corporate Secretary (Title) (Corporate Seal) IN PRESENCE OF: Principal A-1 Chipseal Company By: Daniel J. Gryzmala President (Title) 2505 E. 74th Avenue, Denver, CO 80229 (Address) Other Partners By --- A IN PRES NCEOjF�� Surety Wester Surety Company (/ By: Kare A. Feggestad, Attorney- - ct Witness 333 S. Wabash Avenue, Chicago, IL 60604 (Address) (Surety Seal) 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 NR1IOWii� PHONE: (303) 824-6600 Surface roughening shall mean to modify the soil surface to resist wind action and reduce dust emissions from wind erosion by creating grooves, depressions, ridges or furrows perpendicular to the predominant wind direction using tilling, ripping, discing, or other method. Track -out 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. Vegetation 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. Wind barrier shall mean an obstruction at least five feet high erected to assist in preventing the blowing of fugitive dust, comprised of a solid board fence, chain link and fabric fence, vertical wooden slats, hay bales, earth berm, bushes, trees, or other materials installed perpendicular to the predominant wind direction or upwind of an adjacent residential, commercial, industrial, or sensitive area that would be negatively impacted by fugitive dust. Dust Prevention and Control Manual Page 4 2.0 Fugitive Dust and the Problems it Causes 2.1 What is Fugitive Dust, Generally? Dust, also known as particulate matter, is made up of solid particles in the air that consist primarily of dirt and soil but can also contain ash, soot, salts, pollen, heavy metals, asbestos, pesticides, and other materials. "Fugitive" dust means particulate matter that has become airborne by wind or human activities and has not been emitted from a stack, chimney, or vent. The Colorado Department of Public Health and Environment (CDPHE) estimates that more than 4,300 tons of particulate matter are emitted into the air in Larimer County annually. The primary sources of this particulate matter include construction activities, paved and unpaved roads, and agricultural operations. The quantity of dust emitted from a particular activity or area and the materials in it can depend on the soil type (sand, clay, silt), moisture content (dry or damp), local wind speed, and the current or past uses of the site (industrial, farming, construction). 2.2 Why is the City Addressing Fugitive Dust? Colorado state air regulations and Larimer County air quality standards generally require owners and operators of dust generating activities or sources to use all available and practical methods that are technologically feasible and economically reasonable in order to prevent fugitive dust emissions. However, state regulations and permitting requirements typically apply to larger stationary sources rather than to activities that generate dust. Larimer County fugitive dust standards apply only to land development. Although state and county requirements apply to many construction activities, they do not address many sources of dust emissions and City code compliance officers do not have authority to enforce state or county regulations. Fort Collins is experiencing rapid growth and development that has contributed to local man-made dust emissions. The City has established Chapter 12, Article X of the Code (§§12-150- 12-159) to address dust generating activities and sources that negatively impact citizens in Fort Collins. Dust Prevention and Control Manual Page 5 2.3 Health and Environmental Effects Dust particles are very small and can be easily inhaled. They can enter the respiratory system and increase susceptibility to respiratory infections, and aggravate cardio-pulmonary disease. Even short-term exposure to dust can cause wheezing, asthma attacks and allergic reactions, and may cause increases in hospital admissions and emergency department visits for heart and lung related diseases. Fugitive dust emissions can cause significant environmental impacts as well as health effects. When dust from wind erosion or human activity deposits out of the air, it may impact vegetation, adversely affect nearby soils and waterways, and cause damage to cultural resources. Wind erosion can result in the loss of valuable top soil, reduce crop yields, and stunt plant growth. According to the Environmental Protection Agency (EPA), studies have linked particulate matter exposure to health problems and environmental impacts such as: *Health Impacts: o Irritation of the airways, coughing, and difficulty breathing o Reduced lung function and lung cancer o Aggravated asthma and chronic bronchitis o Irregular heartbeat and increases in heart attacks *Environmental Impacts: o Haze and reduced visibility o Reduced levels of nutrients in soil 2.4 Nuisance and Aesthetics Dust, dirt and debris that become airborne eventually settle back down to the surface. How far it travels and where it gets deposited depends on the size and type of the particles as well as wind speed and direction. When this material settles, it can be deposited on homes, cars, lawns, pools and ponds, and other property. The small particles can get trapped in machinery and electronics causing abrasion, corrosion, and malfunctions. The deposited dust can damage painted surfaces, clog filtration systems, stain materials and cause other expensive clean-up projects. 2.5 Safety Hazard and Visibility Blowing dust can be a safety hazard at construction sites and on roads and highways. Dust can obstruct visibility and can cause accidents between vehicles and bikes, pedestrians, or site workers. Dust plumes can also decrease visibility across a natural area or scenic vistas. The "brown cloud" often visible along the Front Range during the winter months, and the brilliant red sunsets that occur are often caused by particulate matter and other pollutants in the air. Dust Prevention and Control Manual Page 6 3.0 Best Management Practices This Manual describes established best management practices for controlling dust emissions that are practical and used in common practice to prevent or mitigate impacts to air quality from dust generating activities and sources occurring within Fort Collins. The objective of the dust control measures included in this Manual is to reduce dust emissions from human activities and to prevent those emissions from impacting others and is based on the following principles: Prevent— avoid creating dust emissions through good project planning and modifying or replacing dust generating activities. Mini►nize— 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: 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. 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. 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 Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Minimize disturbed area: plan the project or activity so that the minimum amount of disturbed soil or surface area is exposed to wind or vehicle traffic at any one time. (ii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate to mitigate off -property transport of dust entrained by vehicles. (iii) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (iv) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (v) Restrict access: restrict access to the work area to only authorized vehicles and personnel. Dust Prevention and Control Manual Page 8 (b) Additional Best Management Practices: In the event 3.1(a)(i)-(v) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to disturbed soil surfaces, backfill materials, screenings, and other dust generating operations as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, stormwater drainage facility, or watercourse. (ii) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. (iii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iv) Surface roughening: stabilize an active construction area during periods of inactivity or when vegetation cannot be immediately established. (v) Cover: install cover materials during periods of inactivity and properly anchor the cover. (vi) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established. (c) Additional requirements: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source at a construction site or land development project with a lot size equal to or greater than five (5) acres also shall implement the following measures: (i) Dust Control Plan: submit a plan that describes all potential sources of fugitive dust and methods that will be employed to control dust emissions with the development construction permit application or development review application (see Chapter 4 of this Manual). A copy of the Dust Control Plan must be onsite at all times and one copy must be provided to all contractors and operators engaged in dust generating activities at the site. (ii) Construction sequencing: include sequencing or phasing in the project plan to minimize the amount of disturbed area at any one time. Sites greater than 25 acres in size may be asked to provide additional justification, revise the sequencing plan, or include additional best management practices. Dust Prevention and Control Manual Page 9 3.2 Demolition and Renovation Above: This photo illustrates restricting access (a required best management practice) and a wind barrier (on 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 Management 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. Best Management Practices to Control Dust (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 r: 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, Ashlea Mc Caughey, 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 duly 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 24th day of April, 2018. �gtery WESTERN SURETY COMPANY o P0gq_ "Z si`SE aul T. Bruflat, Vice President State of South Dakota I ss County of Minnehaha On this 24th day of April, 2018, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the 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 WIRRYPUBW June 23, 2021 �SOUffDAMYR15% 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 he eof is still in force. In testimon whereof I have hereunto subscribed my name and affixed the seal of the said corporation this �_— day of ,�� /`. �eEr}co WESTERN SURETY COMPANY W{�Qt`P0R9j� D� t = $ fAb;�<r S Prr %i i27, - L. Nelson, Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. 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 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 Management 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 an unpaved road, on 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. Best Management Practices to Control Dust- Unpaved Parking Lots (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 Best Management Practices to Control Dust- Paved Parking Lots (a) Required Best Management Practices: An owner or operator of a paved parking lot greater than one-half acre and shall use at least one of the following best management practices to prevent off - property transport of fugitive dust emissions. (i) Maintenance: repair potholes and cracks and maintain surface improvements. (ii) Mechanical sweeping: Sweep lot with a vacuum sweeper and light water spray as necessary to remove dirt and debris. Avoid overwatering and prevent runoff from entering any public right-of-way, storm drainage facility, or watercourse. (iii) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off -property transport of dust entrained by vehicles. (iv) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. Above: This photo represents improving the surface of a parking area, which is one measure to comply with the Manual. Dust Prevention and Control Manual Page 20 3.9 Open Areas and Vacant Lots Left: This photo represents adding vegetation by hydroseeding, which is one measure to comply with the Manual. Open areas are typically not a significant source of wind-blown dust emissions if the coverage of vegetation is sufficient or soil crusts are intact. However, if soils in open areas are disturbed by vehicle traffic, off -highway vehicle use, bicycling or grazing, or if they have become overpopulated by prairie dogs, dust emissions can become a problem. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of an open area greater than one-half acre shall use at least one of the following best management practices to stabilize disturbed or exposed soil surface areas that are intended to or remain exposed for 30 days or more and to prevent off - property transport of fugitive dust emissions: (i) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (ii) Cover: install cover materials over exposed areas during periods of inactivity and properly anchor the cover. (iii) Surface roughening: stabilize an exposed area during periods of inactivity or when vegetation cannot be immediately established. (iv) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established, using mulch, compost, soil mats, or other methods. (v) Wet suppression: apply water to disturbed soil surfaces as necessary and appropriate considering current weather to prevent off -property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (vi) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. Dust Prevention and Control Manual Page 21 3.10 Saw Cutting and Grinding Above: This photo illustrates concrete cutting and how the activity can generate dust. Cutting and grinding of asphalt, concrete and other masonry materials can be a significant short-term source of fugitive dust that may expose workers and the public to crystalline silica. Inhalation of silica can cause lung disease known as silicosis and has been linked to other diseases such as tuberculosis and lung cancer. Using additional best management practices during cutting and grinding operations can significantly reduce dust emissions. Best Management Practices to Control Dust (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 City of Fort Collins �Purc�hasi�ng� SPECIFICATIONS .0� Financial Services Purchasing Division 215 N. Mason St. 2"" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 97012 1 .6707 fcgov.com/purchasing CONTRACT DOCUMENTS FOR ASPHALT SURFACE TREATMENT PROJECT 2018 RENEWAL BID NO. 8522 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS 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. 3.11 Abrasive Blasting Above: This photo illustrates abrasive blasting without dust mitigation in place. Abrasive blasting is used to smooth rough surfaces; roughen smooth surfaces; and remove paint, dirt, grease, and other coatings from surfaces. Abrasive blasting media may consist of sand; glass, plastic or metal beads; aluminum oxide; corn cobs; or other materials. Abrasive blasting typically generates a significant amount of fugitive dust if not controlled. The material removed during abrasive blasting can become airborne and may contain silica, lead, cadmium or other byproducts removed from the surface being blasted.* Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts outdoor abrasive blasting or indoor abrasive blasting with uncontrolled emissions vented to the outside and whose operations are a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Restrict access: prevent the public from entering the area where dust emissions occur. (ii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off -property transport. (iii) Equipment and work area clean up: use wet wiping, wet sweeping, or vacuuming with HEPA filtration for equipment and work area clean up and do not cause dust to become airborne during clean up. (iv) Slurry clean up: prevent water used for dust control or clean up from entering any public right-of-way, storm drainage facility, or watercourse by using containment, vacuuming, absorption, or other method to remove the slurry, and dispose of slurry and containment materials properly. (b) Additional Best Management Practices: In the event 3.11(a)(i)-(iv) are ineffective to prevent off - property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Enclosure: conduct abrasive blasting within an enclosure with a dust collection system or temporary tenting over the work area. Dust Prevention and Control Manual Page 24 (ii) Wet suppression blasting: use one of several available methods that mix water with the abrasive media or air during blasting operations. (iii) Vacuum blasting: conduct air -based blasting that uses a nozzle attachment with negative air pressure to capture dust. (iv) Abrasive media: select less toxic, lower dust -generating blasting media. * Blasting on surfaces that contain lead paint or wastes from sandblasting that contain hazardous materials maybe subject to additional state and federal requirements. Above: This photo illustrates wet suppression blasting, 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.fcgov.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 of Fart 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 anyone time (ocres) 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 o 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 G > O � w Ohe ° �+ O '° v v °' fl_ u 0 oCn a, G1 cn v N y Q O Y � � F v ^ a) i CL c ,� :° m H _0a o 0 OC N > _ c C M oCn 0 * d y0 'm J j 0 M � v a L C a O � tin C 3 'O U 'C i3 m Cm1 '— Q �_ C t .3 a m Abrasive media Asbestos or lead materials Construction sequencing Cover Cover Load Enclosure Equipment & work area clean up Erosion control plan High winds restriction Location Mechanical blowing techniques Minimize disturbed area Minimize drop height On -tool local exhaust ventilation On -tool wet suppression Other method Reduce vehicle speeds Remove deposition Restrict access Slurry clean up Soil retention Stockpile permit Surface improvements Surface roughening Sweeping Track -out prevention system Uncontrolled sweeping prohibited Vacuum Vegetation Wet suppression Wind barrier Note that in the parking lot and open area standards, only select one of the required BMPs to be in compliance. Dust Prevention and Control Manual Page 31 5.0 Resources 5.1 Cross Reference to Codes, Standards, Regulations, and Policies Earthmoving 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 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 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. n 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 — Fact Sheet SM-12 Paving and Grinding Operations. Dust Prevention and Control Manual Page 34 Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, Section 208.04 Best Management Practices for Stormwater. Abrasive 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-regulations/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.nj.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/cutoffsaws.html Shepherd-S; Woskie-S, Controlling Dust from Concrete Saw Cutting. Journal of Occupational and Environmental Hygiene, 2013 Feb; 10(2):64-70. http://www.cdc.gov/niosh/nioshtic-2/20042808.html Akbar-Khanzadeh F, Milz SA, Wagner CD, Bisesi MS, Ames AL, Khuder S, Susi P, Akbar-Khanzadeh M, Effectiveness of dust control methods for crystalline silica and respirable suspended particulate matter exposure during manual concrete surface grinding. Journal of Occupational and Environmental Hygiene, 2010 Dec;7(12):700-11. http://www.ncbi.nim.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.washington.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, 2005, Dust Control for Unpaved Roads, A Best Practice by the National Guide to Sustainable Municipal Infrastructure, Canadian Public Works Association. Colorado Forest Road Field Handbook, Colorado State Forest, Editor: Richard M. Edwards, CF; CSFS Assistant Staff Forester, July 2011. Fay L., Kociolek A., Road Dust Management and Future Needs: 2008 Conference Proceedings, Western Transportation Institute, March 2009. Chemical Stabilizers Interim Guidelines on Dust Palliative Use in Clark County, Nevada. Nevada Division of Environmental Protection, Feb. 2001. htto://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/htm1/99771207/99771207.htmI Dust Prevention and Control Manual Page 36 Techniques for Fugitive Dust Control — Chemical Suppressants, City of Albuquerque NM, website last accessed on Oct. 25, 2014. http://www.cabq.gov/airguality/business-programs-permits/ordinances/fugitive-dust/fugitive-dust- rnntrnl 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.usgs.gov/Proiects.aspx?Projectld=77 Street Sweeping U.S. Department of Transportation, Federal Highway Administration, Stormwater Best Management Practices: Street Sweeper Fact Sheet. http://environ ment.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/stelprdb1251402.pdf Herbaceous Wind Barriers, Code 603, USDA-NRCS, Jan. 2010. http://www.nres.usda.gov/Internet/FSE DOCUMENTS/nres143 025927.pdf Michalewicz, D. A., J. D. Wanjura, B. W. Shaw, and C. B. Parnell. 2005. Evaluation of sources and controls of fugitive dust from agricultural operations. In Proc. 2005 Beltwide Cotton Conference. http://caages.tamu.edu/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-requirements-for-dust-control-on-feedlots 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/cdphe/asbestos-forms Dust Prevention and Control Manual Page 37 Earthmoving Activities CDPHE, An Overview of Colorado Air Regulations for Land Development, August 2014 https://www.colorado.gov/pacific/sites/default/files/AP Land -Development -Guidance -Document 1.pdf Working With Dirt When the Wind Blows http://www.gradingandexcavation.com/GX/Articles/Working With Dirt When the Wind Blows 5455 .aspx EPA — Stormwater Best Management Practices: Dust Control http://water.epa.gov/polwaste/npdes/swbmp/Dust-Control.cfm EPA—Stormwater Best Management Practices: Wind Fences and Sand Fences http://water.epa.gov/polwaste/npdes/swbmp/Wind-Fences-and-Sand-Fences.cfm EPA — Stormwater Best Management Practices: Construction Sequencing http://water.epa.gov/polwaste/npdes/swbmp/Construction-Sequencing.cfm EPA—Stormwater Best Management Practices: Construction Entrances http://water.epa.gov/polwaste/npdes/swbmp/Construction-Entrances.cfm An Overview of Colorado Air Regulations for Land Development. Colorado Department of Public Health and Environment —Air Pollution Control Division. https://www.colorado.gov/pacific/sites/default/files/AP Land -Development -Guidance -Document 1.pdf Health Effects of Particulate Matter U.S. Environmental Protection Agency, Integrated Science Assessment for Particulate Matter. EPA/600/R-08/139F Dec. 2009. http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=216546#Download World Health Organization, Health Effects of Particulate Matter- Policy. 2013 http://www.euro.who.int/ data/assets/pdf file/0006/189051/Health-effects-of-particulate-matter- final-Eng.pdf Preventing Silicosis in Construction Workers, NIOSH http://www.cdc.gov/niosh/docs/­­­96-112/­­ General Dust Abatement Handbook, Maricopa County Air Quality Department, June 2013. http://www. maricopa.gov/aq/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 1 of 3 Spill Prevention and Response 1 of 4 Utility and Storm Sewer System Maintenance 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 Employee/Contractor Training contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Proper Cleanup and Disposal Procedures Procedures Related Procedures Obtain all applicable federal, state, and local permits for Heavy Equipment and Vehicle construction projects. Maintenance ■ The Colorado Stormwater Construction General Parks and Open Space 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 (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. 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 Cihj of Centennial SOP: New Construction SOP, August 2007. Mesa County, Municipal Operations and Maintenance Program, July 2005. Page 2 of 2 Street, Curb, and Gutter For More Information Name Replacement and Address City, Construction State Phone Description e-mail Procedures involving the replacement and Possible Pollutants construction of streets, curbs, and gutters have the Fine-grained sediment potential to impact stormwater quality. Materials Organics involved in these activities should be used efficiently and disposed of properly. Oil Saw -cut slurry Trash Good Housekeeping Dumpster/Waste Management Employee/Contractor Training Proper cleanup and disposal procedures Dry cleaning methods Related Procedures Spill Prevention and Response When services are contracted, this written procedure should be provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Procedures General • Obtain all applicable federal, state, and local permits for construction projects. Street Sweeping The Colorado Stormwater Construction Street Sweeper Cleaning and General permit applies to construction sites Waste disturbing one acre or more, or less than one Street, Curb and Gutter acre but part of a larger common plan of Maintenance development. ■ A larger common plan of development is defined as a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Page 1 of 3 • Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and/or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm drain inlets. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Sweep or vacuum the roadway as needed, during construction and once construction is complete. • Best management practices will be periodically inspected and maintained as necessary. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response. Bridge Construction • Do not transfer or load any materials directly over waterways. • Suspend drop cloths or nets below any bridgework where wastes, scraps, or drips might be spilled into a waterway. Concrete Work • Minimize the drift of chemical cure on windy days by using the curing compound sparingly and applying it close to the concrete surface. • Ensure there is a concrete truck washout area available or require the contractor to wash out at the batch plant. Page 2 of 3 ,�coRa® CERTIFICATE OF LIABILITY INSURANCE DATE (MMDDYYYY) 4/30/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Deanna Zahn, ACSR PHONE FAX Moody Insurance Agency, Inc. (AC, No, Exi): (303)824-6600 (AC, No):(303)370-0118 8055 East Tufts Avenue E-MAIL deanna.zahn@moodyins.com ADDRESS: Suite 1000 INSURER(S) AFFORDING COVERAGE NAIC # Denver CO 80237 INSURERA:Phoenix Insurance Company 25623 INSURED INSURER B :Travelers Prop Cas Co of America 23674 A-1 Chipseal Company, DBA: Rocky Mountain Pavement, INSURERc:Pinnacol Assurance 41190 2505 E. 74th Ave INSURERD:Illinois Union Insurance Company 27960 INSURERE:AGCS Marine Ins Co 22837 Denver CO 80229 INSURER F : [1nVF9zA!]FR RFRTIFICATF PJIIKARPP-18-19 w/froms RFVISION NIIIi THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY TRSn YYYY MOIiDD YICY X Y LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE X OCCUR DTCOOJ30005PRX18 DAMAGE TED PREMISES O(Fa occurrence)t $ 300,000 X Additional Insured Status 2/1/2018 2/1/2019 MED EXP (Any one person) $ 10,000 Applies Only To The Extent PERSONAL & ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: Provided in Forms GENERAL AGGREGATE $ 2,000,000 POLICY X jEO LOC CG D3 16 11/11 t PRODUCTS - COMP/OPAGG $ 2,000,000 OTHER: CG D2 46 08/05 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ B ALL OWNED SCHEDULED X DT810OJ3000STIL18 2/1/2018 2/l/2019 AUTOS AUTOS BODILY INJURY (Per accident) $ X X NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) Com rehesive'Collision Ded. $ 2,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 B EXCESS LIAR CLAIMS -MADE AGGREGATE $ 10, 000, 000 DIED X RETENTION 10,000 CUP2J3100431826 2/1/2018 2/1/2019 $ WORKERS COMPENSATION X PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY Y i N ANY PROPRIETORiPARTNER'EXECUTIVE E.L. EACH ACCIDENT $ 500,000 OFFICER:VEMBER EXCLUDED? NIA --- C (Mandatory In NH) 4055760 2/1/2018 2/l/2019 E.L. DISEASE - EA EMPLOYEE $ 500,000 It yes, describe under DESCRIPTION OF OPERATIONS beo. E.L. DISEASE - POLICY LIMIT $ 500,000 D Pollution Liability CPYG27165825006 2/1/2018 2/l/2019 Limit per occurenceiaggregate 5,000,000 E Motor Truck Cargo MZI93038733 2/1/2018 2/1/2019 Limit: 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: 8522 Asphalt Surface Treatment Project - 2018 Renewal City of Fort Collins and their officers, agents, and employees are included as additional insured with respect to General and Autmobile Liability as required by written contract - CERTIFICATE HOLDER CANCELLATION City of Fort Collins 300 Laporte Avenue Fort Collins, CO 80522 ACORD 25 (2014/01) INS025 t201401) 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 ID Zahn, ACSR/DANFLI ���"��� y"'�►� 01988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • Whenever possible, recycle concrete rubble; otherwise, dispose of it as solid waste. Asphalt Work • Control the placement of road base or asphalt used in embankments or shoulder backing; do not allow these materials to fall into any storm drain or watercourses. Whenever possible, recycle asphalt. If recycling is not possible, dispose of as solid waste. Painting and Striping If possible, schedule painting and striping projects during dry weather. Use thermoplastic or epoxy markings in place of paint whenever feasible. Use care to prevent splashing or spilling of any liquid material. Follow the mill Prevention and Response procedure should a spill occur. Employee Training • Train applicable employees who perform street, curb, and gutter construction on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform street, curb, and gutter construction. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial, Department of Public Works: Asphalt and Concrete Program, No Date. City of Centennial, Department of Public Works: Asphalt Program, No Date. PACE, Stormwater Best Management Practices: Street Maintenance, No Date. Optional Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. Page 3 of 3 For More Information Street, Curb, and Gutter Name Maintenance Address City, state Description Phone Street, curb, and gutter activities include concrete and e-mail asphalt installation, maintenance, repair, and replacement; bridge maintenance; and painting and Possible Pollutants striping. Procedures involving the maintenance of Fine-grained sediment streets, curbs, and gutters have the potential to impact Organics stormwater quality. Materials involved in these Oil activities should be used efficiently and disposed of Saw -cut slurry properly. Trash When services are contracted, this written procedure Good Housekeeping should be provided to the contractor so they have the Dumpster/Waste Management proper operational procedures. In addition, the Employee/Contractor Training contract should specify that the contractor is Proper cleanup and disposal responsible for abiding by all applicable municipal, procedures state, and federal codes, laws, and regulations. Dry cleaning methods Procedures Related Procedures General Spill Prevention and Response • Protect storm drain inlets and drains with curb Street Sweeping socks, rock berms, inlet protection, or drain Street Sweeper Cleaning and covers/mats prior to any maintenance activity. Waste . When saw cutting ensure that no slurry enters the storm drain, let the slurry dry, sweep it up, and properly dispose of the sweepings. • Do not perform concrete or asphalt patch work during wet conditions whenever possible. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Monitor equipment for leaks and use drip pans as necessary. • Sweep or vacuum the roadway once maintenance activities are complete. Page 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 Additional Resources Concrete truck washout BMP specifications. Gravel road maintenance procedures. Page 3 of 3 For More Information Name Address City, State Phone e-mail Possible Pollutants Chemicals Toxics Oil Paint Fuel Good Housekeeping Waste Management Employee/Contractor Training Proper cleanup and disposal procedures Related Procedures Fertilizer, Pesticide, and Spill Prevention and Response Description Due to the type of work and the materials involved, many activities that occur either at a municipal facility or as part of municipal operations have the potential for accidental spills. Some municipal facilities operate under Spill Prevention Control and Countermeasures (SPCC) plans that include procedures for spill response. Proper spill response planning and preparation enables employees and contractors to effectively respond to problems and minimize the discharge of pollutants to the storm sewer system. 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. 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 Outdoor 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. Spilt 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 http: / / www.cdl2he.state.co.us / op/ wgcc/ Resources/ Guidance/ spillguidance.pdf and http://www.cdphe.state.co.us/hm/spillsandreleases.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. Page 4 of 4 For More Information Utility and Storm Sewer Name Address System Maintenance City, State Phone Description e-mail This procedure addresses utility and storm sewer system 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 maintenance and on an emergency basis. Without proper maintenance, sanitary sewer back-ups and Proper Cleanup and Disposal Procedures overflows may occur and can result in potential property y p p p ty 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 flooding. Maintenance will remove pollutants and Construction 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 • 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 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 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 this 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. Aircraft Chartered With Pilot B. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who Is An Insured — Newly Acquired Or Formed Organizations F. Who Is An Insured — Broadened Named insured — Unnamed Subsidiaries G. .Blanket Additional Insured — Owners, Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is. (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. B. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. H. Blanket Additional Insured — Lessors Of Leased Equipment I. Blanket Additional Insured -- States Or Political Subdivisions — Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability — Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY: Exclusions c. and g. through n, do not apply to "premises damage". Exclusion f.(1)(a) does not apply to "premises damage" caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water; unless Exclusion C of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion — All Pollu- tion Injury Or Damage or Total Pollution Ex- clusion in its title. 2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION I — "premises damage" as described in Para- COVERAGES — COVERAGE A. BODILY graph 6. of SECTION III —LIMITS OF IN- SURANCE. CG D3 16 11 11 0 2011 The Travelers Indemnity Company All rights reserved. Page 1 of 6 • Contain overflows by using emergency generator, pump and/or a vac truck to intercept flows. It may be necessary to construct additional containment. Clean up spills by washing and vacuuming the affected areas. Lime may need to be applied for disinfection of affected areas. Lime must be removed once disinfection is complete. Storm Sewer System Pipes, Catch Basins, Inlet and Outlet Structures, and Culverts • Clean storm sewer system by manual cleaning or jetting the pipes using a jet/vacuum truck to remove the material. Do not temporarily store collected storm system cleaning debris adjacent to any surface water, storm drain inlet, or drainageway. Storm sewer system maintenance wastes may be either non -hazardous or hazardous. Solid non -hazardous waste may be disposed in a sanitary landfill or recycled. Liquid non -hazardous waste must be evaporated before disposing of it into the landfill or discharged to the sanitary sewer system with the approval of the local wastewater treatment plant. Hazardous waste, as defined under Colorado Hazardous Waste Regulations (6 CCR 1007-3), must be transported and disposed of at a permitted disposal or treatment facility. • Replace or maintain "no dumping' stencils or plaques as necessary. Remove trash from trash racks and grated openings. Detention and Retention Ponds • Inspect the outlet works and remove trash or vegetation from the trash racks and grates. • Inspect side slopes of the pond for erosion and reestablish vegetation as needed. • Remove and service fountains and aerator motors as recommended. • Report any suspected water quality problems such as a change in growth or appearance of vegetation. • Report excessive sediment accumulation, standing water beyond the designed drain down time or damage requiring additional maintenance. Drainageways Drainageways include drainage channels, ditches, grass swales, and washes. • Inspect drainageways for erosion and repair if necessary. Remove and properly dispose of trash and debris from the drainageways. Remove sediment which could impede flow in drainageways. Leave an unmown buffer when mowing adjacent to drainageways to filter pollutants. Do not leave grass clippings in or next to the drainageway. Do not apply landscape chemicals in the buffer area. Page 3 of 4 Employee Training Train applicable employees who perform utility and storm sewer system activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform utility and storm sewer system activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. City of Centennial SOP: Drainageway Maintenance SOP, August 2007. City of Golden Stormwater Drainage Maintenance Plan, February 2008. City of Greeley, Department of Public Works: Storm Water Drainage Program, January 2008. City of Greeley, Department of Public Works: Ditch Program, No Date. City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Cleaning Storm Drain System, March 2009. City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sewer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Program, July 2005. Partners for a Clean Environment, Storm Drain Maintenance, No date. Optional Additional Resources Municipal codes and ordinances that relate to utility or storm sewer system maintenance. Inspection and maintenance frequency plan for the storm sewer system. Specific instructions on how to operate applicable equipment. Instructions on how to track the amount of debris collected. Treated Water Discharge Plans for potable water maintenance. Page 4 of 4 Utility and Storm Sewer For More Information Name System Replacement and Address construction City, State Phone e-mail Description This procedure covers utility and storm sewer system Possible Pollutants replacement and construction. Utilities include power, Sediment storm sewer, sanitary sewer, water conveyance systems. Chemicals When services are contracted, this written procedure Organics should be provided to the contractor so they have the Trash proper operational procedures. In addition, the contract Good Housekeeping should specify that the contractor is responsible for abiding by all applicable municipal, state, and federal Waste Management codes, laws, and regulations. Employee/Contractor Training Proper Cleanup and Disposal Procedures Procedures General Related Procedures Obtain all applicable federal, state, and local Heavy Equipment and Vehicle permits for construction projects. Maintenance Parks and Open Space The Colorado Stormwater Construction Maintenance General permit applies to construction sites Spill Prevention and Response disturbing one acre or more, or less than one acre but part of a larger common plan of Street, Curb, and Gutter development. Replacement and Construction A larger common plan of development is Utilities and Storm Sewer defined as a contiguous area where multiple System Replacement and separate and distinct construction activities Construction may be taking place at different times on Vehicle Fueling different schedules under one plan. ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Page 1 of 3 • Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, sediment control logs, check dams and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and / or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Where feasible, grading activities will be scheduled during dry weather. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm drain inlets. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Sweep or vacuum the roadway as needed, during construction and once construction is complete. • Best management practices will be periodically inspected and maintained as necessary. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. Emergency Repair and Replacement Emergency Discharges are defined as situations in which it is not possible to implement all of the available BMPs due to the uncontrolled nature of the discharge. The primary focus during these events is to identify and mitigate the cause as soon as possible. Clean up of resulting sediment or other pollutants will be performed as soon as practicable following the emergency. Refer to the Spill Prevention and Response procedure for reporting requirements. Page 2 of 3 Employee Training • Train applicable employees who perform utility replacement and construction activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform utility replacement and construction activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Detention Pond Maintenance SOP, August 2007. City of Centennial SOP: Inlet, Pipe, and Vault Cleaning and Disposal SOP, August 2007. City of Centennial SOP: Drainageway Maintenance SOP, August 2007. City of Golden Stormwater Drainage Maintenance Plan, February 2008. City of Greeley, Department of Public Works: Storm Water Drainage Program, January 2008. City of Greeley, Department of Public Works: Ditch Program, No Date. City of Lafayette Standard Operating Procedure: Ditch Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Cleaning Storm Drain System, March 2009. City of Lafayette Standard Operating Procedure: Manhole Cleaning, March 2009. City of Lafayette Standard Operating Procedure: Potable Line Flushing, March 2009. City of Lafayette Standard Operating Procedure: Sanitary sewer Backup, March 2009. City of Lafayette Standard Operating Procedure: Waterline Breaks, March 2009. Mesa County, Municipal Operations and Maintenance Program, July 2005. Partners for a Clean Environment, Storm Drain Maintenance, No date. Page 3 of 3 City of Fort Collins Regulatory and Government Affairs Division City of Fort 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 Persons who will use this ESOP: City staff who perform power washing, and their supervisor/manager. 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 No. Description 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 FCityof ort Collins Verification Originator Revised I 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 City of FOrtCollins � Verification Originator Revise�dj 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 http://www.cdphe.state.co.us/wq/PermitsUnit/PolicVandGuidance/powerwash pdf 5.2 IARGA division\Illicit Discharge Program\Complaint Calls\pressure washinq\City power 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 Description Address Spills of gasoline and diesel fuel on the ground or on vehicles City, State during fueling can wash into a storm drain and cause water Phone pollution. e-mail When services are contracted, this written procedure should be Possible Pollutants provided to the contractor so they have the proper operational Metals procedures. In addition, the contract should specify that the Hydrocarbons contractor is responsible for abiding by all applicable municipal, Toxins state and federal codes, laws, and regulations. Good Housekeeping procedures Drip pans General Secondary containment . Fuel vehicles at approved locations (municipal fueling Automatic shutoff nozzles station or offsite fueling station). Signs Provide spill kits near the municipal fueling location. Spill response plans Spill cleanup materials ■ If fuel is stored in an above -ground tank, store fuel in enclosed, covered tanks with secondary containment Dry cleanup methods (e.g., concrete barrier or double -walled tanks). Employee training ■ All fuel tanks will be inspected per State and Federal Related Procedures 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. Page 1 of 3 Vehicle Fueling • Follow all posted warnings. • Ensure that the nozzle is properly inserted in the filler neck of the vehicle before dispensing any fuel. • Remain by the fill nozzle while fueling to ensure the nozzle stays in place. • Do not top off the tank of the vehicle once the nozzle has shut off the fuel. • Follow the procedures outlined in the Spill Prevention and Response Procedure to respond to any leaks or spills. • Clean fuel dispensing areas with absorbent material. • Never use water to clean up a spill. Mobile Fuel Truck • Provide inlet protection (e.g., berms, weighted inlet covers) for nearby storm drain inlets when transferring fuel and fueling a vehicle. • Use secondary containment when transferring fuel from the tank truck to the fuel tank. All gas cans must be placed in the secondary containment box/ pan and remain on the ground when fueling. • Use a funnel to transfer fuel to vehicles and equipment. After the transfer is complete, the funnel should be dried with a rag or placed in a container to avoid dripping fuel on the ground. Employee Training • Train applicable employees who fuel vehicles on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who fuel vehicles. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle Fueling, August 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Fueling, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMPs: Municipal Vehicle Fueling, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed June 18, 2009. Page 2 of 3 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- TION III — LIMITS OF INSURANCE: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises_ The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occur- rence", whether such damage results from: fire, explosion, lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract"-, 5. The following is added to the DEFINITIONS Section: "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1)(b) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV — COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGE: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED. Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- ing to provide: (i) "Incidental medical services" by any of your "employees" who is a nurse practi- tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medi- cal technician or paramedic; or (ii) First aid or "Good Samaritan services" by any of your "employees" or 'volunteer workers", other than an employed or vol- unteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi- ness. Page 2 of 6 @ 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 COIS14 Optional Additional Resources Municipal codes and ordinances that relate to vehicle fueling. Locations of approved offsite fueling stations. Locations of nearby spill kits. Spill Prevention Control and Countermeasures Plan. Page 3 of 3 For More Information Outdoor Fleet Maintenance Name Description Address Although it is recommended that fleet maintenance City; State activities be conducted indoors or under cover, it is Phone_ sometimes necessary to perform fleet maintenance e-mail outdoors (e.g., equipment is too large to fit inside the Possible Pollutants maintenance building, temporary repairs need to be made Metals before the equipment can be moved to the maintenance building, breakdowns, service calls). Toxins Solvents (degreasers, paint Some potential pollutants typically associated with outdoor thinners, etc.) fleet maintenance activities include oil, antifreeze, brake Antifreeze fluid and cleaner, solvents, batteries, and fuels. Consult the Brake fluid and brake pad dust Spill Prevention and Response procedure and the Vehicle Fueling procedure for additional information on those . Batteryacid topics. Motor oil Fuel (gasoline, diesel, kerosene) When services are contracted, this written procedure 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 Employee training • If indoor maintenance is not possible, ensure maintenance is performed in a location where Related Procedures contact with stormwater is minimized, through Heavy Equipment and Vehicle berming and appropriate routing of drainage. Maintenance Provide inlet protection (berms, weighted inlet Material Storage covers, etc.) for all adjacent inlets when work is Spill Prevention and Response occurring in close proximity to a storm drain Vehicle Fueling inlet. • Have absorbent pads and drip pans accessible to capture leaks and spills during maintenance activities. • Keep equipment clean and do not allow excessive build-up of oil and grease. Page 1 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/ or taken to a commercial car wash. Employee Training • Train applicable employees on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform outdoor vehicle maintenance. Records The following records could be used to document activities performed: Record of any major spills and the action taken. • Records of employee training with sign -in sheet. Heavy equipment and vehicle maintenance logs. Page 3 of 4 References Center for Watershed Protection, Municipal Pollution Prevention/Good Housekeeping Practices: Version 1.0, September 2008. City of Centennial SOP: Vehicle and Equipment Storage SOP, August 2007. City of Centennial SOP: Vehicle Maintenance SOP, August 2007. City of Centennial SOP: Vehicle Washing SOP, August 2007. City of Golden. Fleet Maintenance Standard Operating Procedure, July 29, 2007. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Maintenance Repair, March 2009. City of Lafayette Standard Operating Procedure: Vehicle and Equipment Washing, March 2009. Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. Partners for a Clean Environment. Stormwater Protection: Vehicle Repair. Spring 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Maintenance, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. USEPA Menu of BMP: Municipal Vehicle and Equipment Washing, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed May 27, 2009. Optional Additional Resources Municipal codes and ordinances that relate to fleet maintenance. Chemical purchasing policies. Guidelines for staff to dedicate a percentage of their time to vehicle and equipment maintenance. Specific directions on how to use the municipality's vehicle wash area. Spill Prevention Control and Countermeasures Plan. Page 4 of 4 For More Information Heavy Equipment and Vehicle Name Maintenance Address City, State Description Phone Regular maintenance of municipal vehicles and equipment, or e-mail municipality -contracted vehicles and equipment prolongs the life Possible Pollutants of the municipality's assets and prevents the leaking of hazardous fluids commonly associated with normal wear and tear of vehicles Metals and equipment. Toxins Solvents (degreasers, paint Potential pollutants generated at vehicle maintenance facilities thinners, etc.) include oil, antifreeze, brake fluid and cleaner, solvents, batteries Antifreeze and fuels. 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/ 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 3. The following is added to Paragraph 5, of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one per- son will be deemed to be one "occurrence". 4. The following exclusion is added to Para- graph 2., Exclusions, of SECTION I — COW ERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. S. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over any valid and collectible other insurance available to the in- sured, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section 11 — Who Is An Insured. E. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4, of SECTION 11— WHO IS AN INSURED: COMMERCIAL GENERAL LIABILITY 4. Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, of which you are the sole owner or in which you maintain the ma- jority ownership interest, will qualify as a Named Insured if there is no other insurance which provides similar coverage to that or- ganization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal in- jury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. F. WHO IS AN INSURED — BROADENED NAMED INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION II — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declara- tions is a Named Insured if you maintain an own- ership interest of more than 50% in such subsidi- ary on the first day of the policy period. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an of- fense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such sub- sidiary. CG D3 16 11 11 0 2011 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED — OWNERS, H. BLANKET ADDITIONAL INSURED — LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION II — WHO IS The following is added to SECTION II — WHO IS AN INSURED: AN INSURED: Any person or organization that is a premises Any person or organization that is an equipment owner, manager or lessor and that you have lessor and that you have agreed in a written con - agreed in a written contract or agreement to in- tract or agreement to include as an insured on clude as an additional insured on this Coverage this Coverage Part is an insured, but only with re - Part is an insured, but only with respect to liability spect to liability for "bodily injury", "property dam - for "bodily injury", "property damage", "personal age", "personal injury" or "advertising injury" that: injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- injury" caused by an offense that is commit- ted, subsequent to the execution of that con- ted, subsequent to the execution of that con- tract or agreement; and tract or agreement; and t b. Is caused, in whole or in part, by your acts or b. Arises out of the ownership, maintenance or omissions in the maintenance, operation or use of that part of any premises leased to use of equipment leased to you by such you equipment lessor. The insurance provided to such premises owner, The insurance provided to such equipment lessor manager or lessor is subject to the following pro- is subject to the following provisions: visions: a. The limits of insurance provided to such a. The limits of insurance provided to such equipment lessor will be the minimum limits premises owner, manager or lessor will be which you agreed to provide in the written the minimum limits which you agreed to pro- contract or agreement, or the limits shown an vide in the written contract or agreement, or the Declarations, whichever are less. the limits shown on the Declarations, which- ever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or b. The insurance provided to such premises "property damage" that occurs, or "personal owner, manager or lessor does not apply to: o injury" or "advertising injury" caused by an of- (1) Any "bodily injury" or "property damage" fense that is committed, after the equipment that occurs, or "personal injury" or "adver- lease expires. tising injury" caused by an offense that is c. The insurance provided to such equipment committed, after you cease to be a tenant lessor is excess over any valid and collectible in that premises: or other insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement manager. that this insurance must be primary to, or c. The insurance provided to such premises non-contributory with, such other insurance, owner, manager or lessor is excess over any in which case this insurance will be primary valid and collectible other insurance available to, and non-contributory with, such other in- to such premises owner, manager or lessor, surance. whether primary, excess, contingent or on 1. BLANKET ADDITIONAL INSURED — STATES any other basis, unless you have agreed in OR POLITICAL SUBDIVISIONS — PERMITS the written contract or agreement that this in- The following is added to SECTION II — WHO IS surance must be primary to, or non- AN INSURED: contributory with, such other insurance, in which case this insurance will be primary to, Any state or political subdivision that has issued a and non-contributory with, such other insur- permit in connection with operations performed by ante. you or on your behalf and that you are required Page 4 of 6 © 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 by any ordinance, law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal in- jury" or "advertising injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision; or b. Any "bodily injury" or "property damage" in- cluded in the "products -completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION iV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section 11 — Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive offi- cers" or directors (if you are an organiza- tion other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense is known by: COMMERCIAL GENERAL LIABILITY (ii) A manager of any limited liability company; or (iii) An executive officer or director of any other organization; that is your partner, joint venture member or manager; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an en- dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e, does not affect that require- ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not preju- dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8., Transfer (i) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture-, of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 © 2011 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of: a. "Bodily injury" or "property damage" that oc- curs; or b. "Personal injury" or "advertising injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. N. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement: 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is de- leted. Page 6 of 6 ® 2011 The Travelers Indemnity Company, All rights reserved. CG D3 16 11 11 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 The following is added to Paragraph A.1., 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 © 2009 The Travelers Companies, Inc. Page 1 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. CONTRACT DOCUMENTS TABLE OF CONTENTS BID INFORMATION 00300 Bid Form 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 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 DUST CONTROL AND PREVENTION MANUAL COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.S., 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 AA., 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 (i) 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; (iii) 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 11 — LIABILITY COVERAGE, Page 2 of 4 © 2009 The Travelers Companies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO 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 A.4.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 $65 per day, to a maximum of $750 for any one "accident'. 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 AA., 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.b. 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 © 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.5., 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 U 2009 The Travelers Companies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 8522 Asphalt Surface Treatment Prolect - 2018 Renewal PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: A-1 Chipseal Company CONTRACT DATE: April 23, 2018 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 AUTHORIZED REPRESENTATIVE DATE REMARKS: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE , 20_ TO: A-1 Chipseal Company Gentlemen: 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 Company for the City of Fort Collins project, 8522 Asphalt Surface Treatment Project - 2018 Renewal. 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 April 23, 2018. 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: Citv of Fort Collins By: Title: ATTEST: Title: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: A-1 Chipseal Company (CONTRACTOR) PROJECT: 8522 Asphalt Surface Treatment Project - 2018 Renewal The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorney's fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this ATTEST: day of , 20 CONTRACTOR: A-1 CHIPSEAL COMPANY 0 Title: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this z Witness my hand and official seal. Notary Public My Commission Expires: day of 20 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: A-1 Chipseal Company PROJECT: 8522 Asphalt Surface Treatment Project - 2018 Renewal CONTRACT DATE: April 23, 2018 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) ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (OaW13) COLORADO DEPARTMENT OF REVENUE Denvar CC 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 orapply to the purchase or rental of equipment, supplies, and materialswhich are purchased, rented, orconsumed by the contractor and which do not become a part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Departmental Use Only IIL�III�I� lill�il'!�''lll'I�I1111 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) 1PT7y-N%iNY)0 89- 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 98 Address of exempt organization City- ] State I Zip 1 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 County (ies) where project is located) City State Zip Principal contact's telephone number Scheduled construction start date (mmiearr) p _ Estimated completion date immcOrvr)Q 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 (Mtivowyy)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 subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. Do not enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00300 BID FORM �[0 1IIo f 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.............................................1 1.5 Bid.....................................................1 1.6 Bidding Documents, ............................ 1 1.7 Bidding Requcements..........................1 1.8 Bonds.................................................1 1.9 Change Order ..................................... I 1.10 Contract Documents ............................1 1.11 Contract Price.....................................1 1.12 Contract Times....................................1 1.13 CONTRACTOR..................................1 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 1.19 Field Order.........................................3 1.20 General Requirements .........................2 1,21 Hazardous Waste.................................2 1.22.a Laws and Regulations; Laws or Regulations......................................? 1.22.b Legal Holidays .................................... 2 1.23 Liens..................................................2 1.24 Milestone............................................2 L25 Notice of Award .................................? 1.26 Notice to Proceed.................................2 L27OWNER .............................................2 1.28 Partial Utilization................................2 1.29 PCBs..................................................2 1.30 Petroleum...........................................2 1.31 Project................................................2 1.32.a Radioactive Material ............................2 1.32.b Regular Working Hours,,,,,,,,,,,,,,,,,,,,,,,? 1.33 Resident Project Representative.........-,2 1.34 Samples..............................................2 1.35 Shop Drawings...................................2 1.36 Specifications.....................................2 1.37 Subcontractor .....................................? 1.38 Substantial Completion ....................... 1.39 Supplementary Conditions ........ ............ ? 1.40 Supplier..............................................2 1.41 Underground Facilities ..................... 2.3 IA2 Unit Price Work .................................. 1.43 Work..................................................3 1.44 Work Change Directive ........................ L45 Written Amendmen4 ..........................,3 Page Number 2. PREM41NARY MATTERS ................................ 3 2.1 Delivery o€Bonds .............................3 2.2 Copies of Documents ........................3 2.3 Commencement of Contract Times; Notice to Proceed ............... 3 2.4 Starting the Wor.................... ........ 2.5-2.7 Before Starting Construction; CONTRACTORS Responsibility to Report; Preliminary Schedlles; Delivery of Certificates of Insurance .................................. 34 2.8 Preconstruction Conference ............. 4 2.9 Initially Acceptable Schedule; .......... 4 3. CONTRACT DOCUMENTS: INTENT, AMENDING. REUSE ......................................... 4 3.1-3.2 Intent ............................................. 4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 Intent of Certain Terms or Adjectives ................................... . . 5 3.5 Amending Contract Docunents,........ 5 3.6 Supplementing Contract Documents ................................... 5 3.7 Reuse of Documents .........................5 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS., ....................................... 5 4.1 Availability of Lank .................... j-6 4.2 Subsurface and Physical Conditions .................................... 6 4.2.1 Reports and Drawings ...................... 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data............................................. 4.2.3 Notice of Differing Subsurface or Physical Conditions,,,,,,,,,,,,,,,,,,¢ 4.2.4 ENGINEERs Review .......................6 4.2.5 Possible Contract Documents Change.........................................6 4.2.6 Possible Price and Times Adjustments...............................¢7 4.3 Physical Condtions--Underground Facilities,., .................................... 7 4.3.1 Shown or Indicated ...................,......7 4.3.2 Not Shown or Indicate4......... ......... 7 4.4 Reference Points.. ............................ 7 EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material....................7-8 5. BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance, Payment and Other Bonds.............................................. 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance 8 5.4 CONTRACTOR's Liability Insurance__ .................... ................ 5.5 OlbNER's Liability Insurance ............. 9 5.6 Property Insurance ...... .................... 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance.................10 5.8 Notice of Cancellation Pr orision.....,_,_ 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts10 5.10 Other Special Insurance ,,,,,,,,,,,,,,10 5.11 Waiver of Rights................................11 5.12-5.13 Receipt and Application of Insurance Proceeds ...................... 10-11 5.14 Acceptance of Bonds and Insu- anee; Option to Replace_..................11 5,15 Partial Utilization --Property Insurance........................................11 6. CONTRACTOR'S RESPONSIBILITIES 11 6.1-6.2 Supervision and Superintendency ......11 6.3-6.5 Labor, Materials and Equipment.,. 11-12 6.6 Progress Schedule.. ............................ 12 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGTNEER's Evaluation.,.,,,,.,,-„12-13 6.8-6,11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights .........................13-14 6.12 Patent Fees and Royalties,,,,,,,,,,,,,,,,,,, 14 6.13 Permits_._ ...... ............................. _ 14 6.14 Laws and Regulations ....................... J4 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 Docum ents .............................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 Samples ,,,,,,,,,,,,,,16 6.25 Submittal Proeeedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal .................................... 16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER ...... 16-17 6.27 Responsibility for Variations From Contract Documents17 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals ...................................17 6.29 Continuing the Work.....................17 6.30 CONTRACTOR's General Warranty and Guarantee,.......... 17 6.31-6.33 Indemnification 17-18 6.34 Survival of Obligations,,,,,,,,,,,,,,,,,,, IS 7. OTHER WORK ................................................. is 7.1-7.3 Related'Work at Site,J8 7.4 Coordination.................................18 8. OWNER'S RESPONSIBILITIES .........................18 8.1 Communications to CON- TRACTOR ................................. IS 8.2 Replacement of ENGINEER ........ -..,18 8.3 Furnish Data andPay Promptly When Due..................................18 8.4 Lands and Easemcnts; Reports and Tests ...............................18-19 8.5 Insurance... .................................... 19 8.6 Change Orders..............................19 8.7 Inspections, Tests and Approvals ...... ............................19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services................. _...................19 8.9 Lunitations on OWNER'S Responsibilities ............................19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material19 8.11 Evidence of Financal Arrangem ents..............................19 9. ENGINEER'S STATUS DURING CONSTRUCTION.............................................19 9.1 OWNER's Representative...............19 9.2 Visits to Site19 9.3 Project Representative ....... ......19-21 9.4 Clarifications and Interpre- tations......................................... 21 9.5 Authorized Variations in «Wk.,..,.., ;I EJCDC GEN RAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODMCATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number &: Title Number Number 3- Title Number 9.6 Rejecting Defective Work..................21 13.8-13.9 uncovering Work at FNGI- 9.7-9.9 Shop Drawings, Change Orders NEER's Request ,..... _............ 27-28 and Payments_..................................21 13.10 OWNER May Stop the Work ........ 9.10 Determinatims for Unit Priceg....... 1-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes; ENGI- Defective Work ...........................28 NEER as Initial Interpreter..............22 13.12 Correction Period ........... .............. 28 9.13 Limitations on ENGINTEERs 13.13 Acceptance ofDefective Work ......... 28 Authority and Responsibilitie$,,,, 22-23 13.14 OWNER May Correct Defective Work 28-29 CHANGES IN THE WORK ....................................... 23 10.1 OWNER's Ordered Change................2.3 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment. ........................23 COMPLETION ........................................... ...... 29 10.3 Work Not Required by Contract 14.1 Schedule of Values .... ................... _29 Documents .................................... 23 14.2 Application for Progress 10.4 Change Orders ................................. 23 Payment ..................................... 29 10.5 Notification of Surety .........................23 14.3 CONTRACTORS Warranty of Title ........................................... 29 CHANGE OF CONTRACT PRICE .............................23 14.4-14.7 Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payments..................29-30 Adjustment; Value of 14.8-14.9 Substantial Completion .................. 30 the Work ................................... 23-24 14.10 Partial Utilization ..................... 30-31 11A Cost o£ the Work ..........................24-25 14,11 Final Inspection ........................... ,31 11.5 Exclusions to Cost of the Work ..........25 14.12 Final Application for Payment ........ 31 IL6 CONTRACTOR's Fee ........... _, ..........25 14.13-14.14 Final Payment and Accepmnc� ....... 31 11.7 Cost Records...............................„25-26 14.15 Waiver of Claims.....................31-32 11.8 Cash Allowances...............................76 11.9 Unit Price Work................................26 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 CHANGE OF CONTRACT TLtiES ............................ 26 15.1 OWNER May Suspend Work .......... 32 12.1 Claim for Adjustment ........................26 15.2-15.4 OWNER May Terminate ................ 32 12.2 Time of the Essence ....................... ..26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTORS Work or Terminate.................32-33 Control ...................................... 26.27 12.4 Delays Beyond OWNERS and 16. DISPUTE RESOLUTION .................................. 33 CONTRACTOR's Control27 17. MISCELLANEOUS..........................,,,,-,,,,,,,,,,,,33 TESTS AND INSPECTIONS; CORRECTION, 17.1 Giving Notice__ � ...... ................... 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times, ................... 33 DEFEC77I,'E WORK ..................................................; 7 17.3 Notice of Claim ............ .,,............ ,.33 13.1 Notice of Defects...............................27 17.4 Cumulative Remedies................,,,,,33 13.2 Access to the Work ............................27 ITS Professional Fees and Court 13.3 Tests and Inspections; Costs Included ............................ 33 CONTRACTOR's Cooperation.,,,,,,,, 27 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 13.4 OWNER'S Responsibilities; Intentionally left blank.......................................35 Independent Testing Laboratory....... 27 13.5 CONTRACTOR's EXHIBIT GC -A: (Optional) Responsibilities...............................27 Dispute Resolution Agreement,,,,,,.,,,,,,,,,...,, GC -Al 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration ....... ................ GC -Al tion, Testing or Approval.................27 16.7 Mediation- ....... ......... ,..,,.,,,... GC-A1 iv EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLUNS MODIFICATIONS {REV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of — Bonds and Insurance.........................................5.14 defective Work............................10.4.1, 13.5, 13.13 final payment........................................9.12, 14.15 insurance......................................................... 5.14 other Work, by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Items ..................... 6.7.1 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 ENGINEER..........................................6.20, 9.13.3 OWNER....................................................0, 20. 8. 9 Addenda --definition of (also sec definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurance§ ................................. 5.7 Adjustments -- Contract Price or Contract Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2, ..............................4.5.3, 9A, 9.5, 10.24 0.4, .........................................11,12,14.8,15.1 progress schedule .............................................. 6.6 Agreement -- definition of......................................................1.2 "All -Risk" Insurance, policy form............................3,6.2 Allowances, Cash....................................................11.8 Amending Contract Document* ................................ 3.5 Amendment, Written -- in general .... ..........1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2 ..........................0.8.2, 6.19, 10.1. 10.4, 11.2 .............................12.1, 13.12.2. 14.7.2 Appeal, O1�TiER or CONTRACTOR intent to„........................9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment -- definition of......................................................1.3 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..................................................14.4-14.7 Arbitration .... ............................................ ..... 16.1-16.6 Asbestos -- claims pursuant theretq..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work,.,,,,,,,, 4.5.2 definition of, Article or Paragraph Number OWNER responsibility for............................4.5.1, 8.10 possible price and times change ........................4.5.2 Authorized Variations in Work ......... 1.6, 6.25, 6.27, 9.5 Availability of Lands..........................................4.1, 8.4 Award, Notice of--definecl.....................................1.25 Before Starting Construction .......................... 2.5-2.8 Bid —definition of........................1.5 (1.1, 1.10, 2.3. 3.3. ........................ 4.2.6.4.6.13, 11.4.3. 11.9.1) Bidding Documents --definition of..............................1.6 (6.8.2) Bidding Requirements --definition of ....... I ......... I ............ 113 (1.1, 4.2.6.2) Bonds -- acceptance of....................................................5.14 additional bonds..................................10.5, 11.4.5.9 Cost of the Work............................................11.5.4 definition of........................................:.............1.8 deliveryof...................................................2.1, 5.1 final Application for Payment .................14.12-14.14 general.....................................J.10, 5.1-5.3, 5.13, ........................................ 9.13,10.5, 14.7.6 Performance, Payment and Other,,,,,,,,,,,,,,,,,,,5.1-5.2 Bonds and Insurance --in general.................................5 Builder's risk "all-risk" policy form .........................5.6.2 Cancellation Provisions, Insurance,,..,,,, 5.4.11, 5.8, 5.15 Cash Allowances.................................................... J 1.8 Certificate of Substantial Completiort ........ 1.38. 6.30.2.3. ..................................................14.8, 14.10 Certificates of Inspection ................... 9.13.4,13.5, 14.12 Certificates of Insuranoe.............2.7, 5.3, 5.4.11, 5.4.13, .......................5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances..............................................11.8 claim for price adjustment,.,,,,,,.,., 4.1, 4.2.6. 4.5, 5.15. 6.8.2, 9.4 ...................9.5, 9,11, 10.2, 10.5, 11.2, 13.9, ...................... J 3.13, 13.14, 14.7, 15.1, 15.5 CONTRACTOR's fee.. ....................... ........ 11.6 Cost of the Work general ......... ....................................... 11.4-11.7 Exclusions to..............................................11.5 Cost Records.....................................................11.7 in general.............1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing..........................................11.12 Notification of Surety ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ......... 10.5 Scopeof,.,.. ....................................... ....... J03-10.4 Testing and Inspection, Uncovering the Work..................................13.9 EXDC GENERAL CONDITIONS 1910-9 0"0 EDM ONE w/ MY OF FORT COLUNS MODIFICATIONS (,REV 9/99) Unit Price Work 11.9 ........................................... Article or Paragraph Number Value of Work..................................................11.3 Change in Contract Times — Claim for times 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, 13.1, 15.5 Contractual time lunits.....................................12.2 Delays beyond CONTRACTORS oontrol........................................................12.3 Delays beyond OWNERS and CONTRACTOR's control.............................12.4 Notification of surety ........................... .........10.5 Scope of change........................................10.3-10A Change Orders -- Acceptance ofDefective Work ...................I......1113 Amending Contract Documents .........................3.5 Cash Allowances, ............................................. J1.8 Change of Contract Price ......................... I ....... ....I I Change of Contract Times...................................12 Changes in the Work..........................................10 CONTRACTORS fee........................................11.6 Cost of the Work.......................................11.4-11.7 Cost Records....................................................11.7 definition of .............................. _....................... 1.9 emergencies.....................................................0.23 ENGINEER's responsibility.,.,,._ 9.8, 10.4,11.2, 12.1 execution of.....................................................10.4 Indemnifiction .........................0.12, 6.16, 6.31-6.33 Insurance, Bonds and......................5.10, 5.13, 10.5 OWNER may terminate............................15.2-15.4 OWNER's Responsibility_, ......................... $.6.10.4 Physical Conditions -- Subsurface and,.............................................4.2 Underground Facilities-.............................4.3.2 Record Documents...........................................6.19 Scope of Change .......................... .............10.3.10A 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 ..................... I.......... 10.5 OWNER's and CONTRACTOR's responsibilities ........ ...................................10.4 Right to an adjustment.....................................10.2 Scope of change .......................... ........ ...... 10.3-10.4 Claims -- against CONTRACTOR....................................6.16 against ENGINEER ......................................... 6.32 against OWNER..............................................6.32 Change of Contract Price ...........................9.4. 11.2 Change of Contract Times ..........................9.4, 12.1 CONTRACTOR's.............4. 7.1. 9.4. 9.5. 9.11, 10.2. ...........................11.2, 11.9, 12.1, 13.9, 14.8, ............................I...............15.1, 15.5, 17.3 CONTRACTOR's Fee .......................................11.6 Article or Paragraph Number CONTRACTOR's liability ........... 5.4, 6.12, 6.16. 6.31 Cost of the Work ....................... 11.4, 11.5 Decisions on Disputes,,,,,„........................9.11, 9.12 Dispute Resolution............................................16.1 Dispute Resolution Agreement ...................16.1-16.6 ENGINEER as initial interpretor .......................2.11 Lump Sum Pricing, ........................................ j 1, 3.2 Noticeof..........................................................17.3 OWNER's....................9.4, 9.5, 9.11, I0.2, 11.2, 11.9 ...........I...........12.1. 13.9, 13,13, 13,14, 17.3 OWNER's liability .......................... 5.5 OWNER may refuse to make payment ...............14.7 Professional Fees and Court Costs Included......................................................17.5 request for formal decision eu)............................9.11 Substitute Items.............................._,,,,,,,,,,,,..6.7.1.2 Time Extension .... .................... ,........................ 12.1 Time requirements ................................... 9.11, 12.1 Unit Price Work.............................................11.9.3 Valueof...........................................................1.1.3 Waiver of --an Final Payment.................)4.14, 14.15 Work Change Directive. . .................................... 10.2 written notice required ......................9.11. 11.2, 12.1 Clarifications and Interpretation*............ 3.6.3, 9.4, 9.11 CleanSite........................................................... 6.17 Codes of Technical Society, Organization or Association..................................................3.3.3 Commencement of Contract Times ...........................7.3 Communications-- general..............................................6.2, 6.9.2. 8.1 Hazard Communication Programs .....................6.22 Completion -- Final Application for Payment .........................j4.12 Final Tnspectioq..............................., ......14.11 Final Payment and Aoceptanco ...............14,13-14.14 Partial Utilization...........................................14.10 Substantial Completion ......................1.38, 14.8.14.9 Waiver of Claims,14.15 Computation of Times ................... ............ 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others .................................................. 6.8-6.11 Conferences -- initially acceptable schedules..............................2.9 preconstruction..................................................2.8 Conflict, Error, Ambiguity, Discrepancy— CONTRACTOR to Repot ..........................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 EXMC GENERAL CONDITIONS 1910-8 (1990 EDMON) w/ QTY OF FORT COLuNs momcA=Ns {REV 9/99) Cash Allowances ..............................................11.8 Article or Fhragraph 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 genera]3 Insurance........................................................... 3.3 Intent.. ....... ... - ........ ................................ 3.1-3.4 minor variations in the Work..............................3.6 OWNER'S responsibility to furnish date,,,,,,,,,,,,,, 8.3 OWNEWs responsibility to make prompt payrn ent .......................... ?,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 Related Work ....................................................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, ENGINEERA ............................... 9.2 Contract Price -- adjustment of ................ 3.5, 4.1, 9A, 10.3, 11,2-11.3 Changeof, ................... ............................. .... J I Decision on Disputes .......................................9.11 definition of ....................................................1.11 Contract Times -- adjustment of ................... ...... 3.5.4.1,9.4.10.3.12 Change of ........................................... .... 12.1-12.4 Commencement of .............................................2.3 definition of .............. __ ................................. 1.12 CONTRACTOR— Acceptance of Insurance ............................ .... _5.14 Communications ...................................... j5,2, 6.9.2 ContinueWork ........................................ :6.29,10.4 coordination and scheduling..,.........................4.9.2 definition of ............ ___ ...... ........................... 1.13 Limited Reliance on Technical Data Authorized.........................................4.2.2 ­'­­ ....... ­­ ............ 4.2.2 May Stop Work or Terminate ............................15.5 provide site access to others ........................ 7.2,13.2 Safety and Protection ...... ........... 4.3.1.2,6.16. 6.18. ................................ ..... 6.21-6.23, 7.2,13.2 Shop Drawing and Sample Review Prior to Submittal........................................6.25 Stop Work requirements.................................A5.2 CONITRACTORs— Article or Paragraph Number Compensations ., ......................................... 11.1-112 Continuing Obligatior.....................................14.15 Defective Work .... ................. ___9.6,13.10-13.14 Duty to correct defective Work ..........................13.11 Duty to Report -- Changes in the Work caused by Emergency ............................................ 6:23 Defects in Work of Others ...................... .... _13 Differing conditions ................................... 4,23 Discrepancy in Documents ........ 2.5,3.3.2,6.14.2 Underground Facilities not indicated,,,..,,... 4.3.2 Emergencies .....................................................6.23 Equipment and Machinery Rental, Cost of the Work,..........................................11.4.5.3 Fee --Cost Plus ......................... 11.6 General Warranty and Guarantee, ... ................... 0,30 Hazard Communication Programs ......................6.22 Indemnification ......................... 0. lZ 6.16, 6.31-6.33 Inspection of the Work ............................... 7.3,13A Labor, Materials and Equipment ... ................ 03-6.5 Laws and Regulations, Compliance by,,,,,,,,,,,,, 6.14.1 Liability Insurance ..............................................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,,,,,,,,,,,,,, j5.12 Performance and Other Bonds 'iW * .... * ..... ' ....... 5.1 Permits, obtained and paid for ....................... 0.13 Progress Schedule...........................2.6, 2.8, 2.9, 6.6, ­ ....... 1. .................. I ... _ _ _ 6.29, 10.4, 15,11 Request for formal decisionon disputes_ ... Responsibilities- Changesin the Work .......... ....................... 10.1 Concerning Subcontractors. Suppliers and Others ........... 6.8-6,11 Continuing the Work .......................... 0.29,10.4 CONTRACTOR's expense ... 6.7.1 CONTRACTORs General Warranty and Guarantee .......................................6.30 CONTRACTOR review prior to Shop Drawing or Sample submittal,,,,,,,,,,,,,,,,, 6.25 Coordination of Work ... ............................ 6.9,2 Em ergencies...............................................0.23 ENGINEEks evaluation, Substitutes or "Or -Equal" Items_ ............................ 0-7.3 For Acts and Omissions of Others ............................. 0.9.1-6.9.2, 9.13 for deductible amounts,insurance .............. ... 5,9 general ......................................... 6, 7.2.7.3, 8.9 Hazardous Communication Programs ........... 6.22 Indemnification .................. ............. 6.31-633 %Q &U)C GENERAL COMMONS 1910.9 0 "0 ED1110N) w/ CITY OF FORT COLLINS MODIRCATIONS (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 Documents,_ ..................................... _6.27 Patent Fees and Royalties............................{.12 Permits.......................................................0.13 Progress Schedule.........................................6.6 Record Documents ......................................6.19 related Work performed prior to ENGINEERs approval of required submittals ............................................. 6.28 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 Sampleq........................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" Item q ................0.7.1 Superintendencq ........................................... 61 Supervision..................................................6.1 Survival of Obligations ......... ...................... 6.34 Taxes 0.15 Tests and Inspections ..................................13.5 ToReport ., ................................................... 2.5 Use of Premises ............... 1&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,,.,,,,,,,, A. 7.1. 9A, 9.5. 9.11. 1 O. 2.11- 2. --- I . - ­ - . 119. 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 Subrnittals .... 6.24-6,28 Special Consultants, ....................................... IL4A Substitute Construction Methods and Procedure;_ 6.7 Substitutes and "or -Equal" Items, Expense .... ...................................... 6.7.1, 63.2 Subcontractors. Suppliers and Other$ .......... 11 Supervision and Superintendeneq, ........ 6.1, 6.2, 6,21 Taxes, Payment by ............................................ 6.15 Use of Premises ........................................ ­................ 6.16-6.18 Warranties and guarantees ......................... 0.5.6.30 Warranty of Title..............................................14.3 Written Notice Required -- CONTRACTOR stop Work or term in2te ....... 15.5 Reports of Differing Subsurface and Physical Conditions„,,,,,,,,,,,,,,,,,,,,, :4.2.3 Substantial Completion, ...............................14.8 viii CONTRACTORS --other Y Contractual Liability Insurance . .............................jA. 10 Contractual Time Limits .......................................12.2 Article or Paragraph Number Coordination— CONTRACTOR's responsibility .........................0.9.2 0.9.2 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 of Defective Work ..........................13.13 13.13 Correction or Removal of Defective Work ............. ............ __.6.30,13.11 Correction Period J 3.12 OWNER May Correa Defective Work-..............i3.14 OWNER May Stop Work ................................. 13.10 Cost -- of Tests and Inspections... ................... .............. 13.4 Records] 1.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts ............................................... 11.4.2 CONTRACTORsFee .......................................11.6 Employee Expenses . ..................................... 11.4.5.1 Exclusions tq .................................................... 11.5 Generall 1.4-11.5 Home office and overhead expenses ....................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 I I.7 Rentals of construction equipment and machinery ....................................... 11.4.5.3 Royalty payments, permits and license fees, ........................................... 11.4.5.5 Site office and temporary facilities................11.4.5.2 Special Consultants, CONTRACTOR's ....... .... J 1. 4.4 Supplemental ............................. __ ............. J 1. 4.5 Taxes related to the Work ............................11.4.5.4 Tests and Inspection.........................................13.4 Trade Discounts .............................................11.4.2 Utilities, fuel and unitary facilities ..............11.4.5.7 Work after regular hours .................................11.4.1 Covering Work ............................................... 13.6-13.7 Cumulative Remedies ..................................... J7.4-17.5 Cutting, fitting and patching .................................... 7.2 Data, to be furnished by OWNER .............................. ?.3 Day --definition of ................................................17.2.2 Decisions on Disputes .................................... 9.11.9,12 defective --definition of ...........................................1.14 defective Work -- Acceptance o.......................................10.4.1, 13.13 EJMC GEHMAL COMMONS 1910-9 (IM EDMON) w/ afy of FORT coLuNs moDmcAmoNs otiv 9/99) Correction or Removal of....................J0.4.1, 13.11 Correeticm Period............................................a3.12 in general.........................................13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work ... ............. ............ ..... 13.10 Prompt Notice of Defects...................................13.1 Rejecting........ ............................. ..................... 9.6 Uncovering the Work ....................................... J3.8 Definitions................................................................ I Delays .......... .... ......... — ............ 4.1.6.29.12.3-12.4 Delivery of Bonds.. ............ ...................................... 2.l Delivery of certificates of insurance ............................7.7 Determinations for Unit Price* ............................._.. 9.10 Differing Subsurface or Physical Conditions — Noticeof, .......... ...... ......................... ............ 4.2.3 ENGINEERS 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— Agreement................................................16.1-16.6 Arbitration...............................................16.1-16.5 general l6 Mediation........................................................1.6, 6 Dispute Resolution Agreement.........................16.1-16.6 Disputes, Decisions by ENGINEER ...... ............. 9.11-9.12 Documents -- Copiesof...........................................................7.2 Record 6.19 Reuseof. ................. ............. ...................... 3.7 Drawings --definition of..........................................1.15 Easements.............................................................4.1 Effective date of Agreement -- definition gt..............j.16 Emergencies ...... .....................................................6. 23 ENGINEER -- as initial interpreter on disputes...._ ,,,.......9.11-9.12 definition of.....................................................1.17 Limitations on authority and responsibilities,,,, 9.13 Replacement of,,... ... ___ ................................... 8.2 Resident Project Representative ...........................9.3 ENGINEERS Consultant -- definition of..................1.18 ENGINEER's-- authority and responsibility, limitations on. ....... 9.13 Authorized Variations in the Work.....................9.5 Change Orders, responsibility foL....... .7. 10, 11, 12 Clarifications and Interpretations ..............3.6.3, 9.4 Decisions on Disputes .............................. 9.11-9.12 defective Work, notice of...................................13.1 Evaluation of Substitute Item$ ..........................6.7.3 Liability ...................................................4.32, 9.12 Notice Work is Acceptable..............................14.13 Observations...........................................6.30.2, 9.2 OWNER`s Representative....................................9.1 Payments to the CONTRACTOR, Responsibility for.....................................9.9, 14 Recommendation of Payment ...................14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations on ..... ___ ... ..9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions..............................1.2.4 Shop Drawings and Samples, review responsibility ............................................... .26 Status During Construction -- authorized variations in the Work..................9.5 Clarifications and Interpretations ..................9.4 Decisions on Disputes..........................9.11-9.12 Determinations on Unit Price,,,,,. ... ..........R.10 ENGINEER as Initial Interpreter....,,.., 9.11-9.12 ENGINEER's Responsibilities ................9.1-9.12 Limitations on ENGINEERs Authority and Responsibilities„..............._..,__.....9.13 OWNER'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 Visits to Site ...................................................... 9.2 Written consent required ............................. 7.2, 9.1 Equipment, Labor, Materials and ........................0.3.6.5 Equipment rental, Cost of the Work......,,,.,,,,, 11.4.5.3 Equivalent Materials and EquipmenF ........................0.7 error or omissions,. ........... .............. ........ ........... _633 Evidence of Financial Arrangements... ..... _ ............ ?.0 Explorations of physical conditions ....................... 4.2.1 Fee, CONTRACTOR's--Costs Plus, .......................... )1.6 Field Order — definition of.....................................................1.19 issued by ENGINEER ................................ 3.6.1, 9.5 Final Application for Payment.............................14.12 Final Inspection...................................................14.11 Final Payment — and Acceptance ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,14.13-14.14 Prior to, for cash allomnces„.............................11.9 General Provisions17.3-17.4 General Requirements -- definition of.....................................................1.20 principal references t9..............2.6, 6.4, 6.6-6.7, 6.24 Giving Notice.........................................................17.1 Guarantee of Work —by CONTRACTOR,,,,,,,, 6.30, 14.12 Hazard Communication Program4 ........................... 0.22 Hazardous Waste — definition of.....................................................j.21 general............................................................. 4.5 OWNER's responsibility for..............................8,10 EXW GENERAL COMMONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9l99) 2018 BASE BID SCHEDULE - DATED 4/13/18 ITEM NO DLSCRII'IION UNIT CONTR:ICT QUANTITY QUANTITY 2018 Proposed Unit Costs S22,200.00 2018 Proposed Cmurad Costs S 44,400,00 105,01 SWEEPING - ALLSTREEISURFACES EACH 2 105.02 SWEEPING -ALL PARKING LOT SURFACES EACH 2 $1,550.00 S 3,100-00 208.01 STORMWATER PROTECTION - WATTLE (Supplied by the City) LINEAL FOOT 1.000 $5.68 $ 5,690.00 208,02 STORMWATER PROTECTION -WATTLE (New supplied by Con-ontractnr) LINEAL. FOOT 200 $19.90 $ 3,980.00 208.03 STORMWATER INLET PROTECTION - Fabric and Wattle (Fabric supplied by Contractor, tS att e supplied by the City) EACH INLET 50 $129.25 $ 6,462.50 208.04 STORMWATERINLET PROTECTION -Fabric and Wattle (Both Nnv, supplied by Contractor) EACH INLET 10 $429.11 $ 4,291.10 208.05 Emimnmcnul Management Logs and Procedures LUMP SUM 1 $19,387.50 $ 19,387.50 409.01 CHIP SEAL (ARTERIAL) SQUARE YARD 100 $3.25 $ 325.00 409.02 ClUP SEAL. (COLLECTOR) SQUARE YARD 100 $3.25 $ 325.00 409.03 CHIP SEAL. (RESIDENTIAL) SQUARE YARD 100 $3.25 $ 325.00 409.05 TYPE II SLURRY SEAL (COLLECTOR) SQUARE YARD 100 $2.52 $ 252.00 409-06 TYPE 11 SLURRY SEAL (RESIDENTIAL) SQUARE YARD 100 $2.46 $ 246.00 409.07 TYPE II SLURRY SEAL. (PARKING LOTS) SQUARE Y ARD 100 $3.99 $ 399.00 409.08 CAPE SEAL (ARTERIAL) SQUARE YARD 35,000 $5.26 $ 184.100.00 409V9 CAPE SEAL (COLLECTOR) SQUARE YARD 55,000 $5.16 $ 283 800.00 41010 CAPE SEAL (RESIDENTIAL) SQUARE YARD 325,000 $5.04 $ 1.638,000.00 409.11 SLURRY TRAV CRACK LEVELING (30" band width, 3'4 to 2" crock) LINEAL FOOT 200 $5.17 $ 1,034.00 409,12 SLURRY SURFACE L.EVELL*LG 114 to 1/2" thickaexs per lift-.) SQUARE YARD 1,000 $12.41 $ 12 410.00 409A3 FOGSEAL SQUAREYARD 100 $0.35 $ 35.00 630.01 VARIABLE MESSAGE BOARD EAIDAY 5 $258.50 $ 1,292.50 630.02 ADDITIONAL FLAGGING PERSONNEL HOUR 1011 $36.19 $ 3,619.00 2018TOTAL 3 2,213,463.60 Indemnification.... ................ ......... 0. 1 Z 6.16, 6.31-6.33 Initially Acceptable Schedules.................................2.9 Inspection -- Certificates of ..............................9.13.4. 13.5,14.12 Final.......................................................... J4.11 Article or Paragraph Number Special, required byENGINEER .........................9.6 Tests and Approval ....... .....................$.7, 13.3-13.4 Insurance -- Acceptance of, by OWNER ...............................5.14 Additional, required by changes in the Work ...........................................11.4.5.9 Before starting the Work .... ............................... 2.7 Bonds and -.in general ..........................................5 Cancellation ProvisionA ..................................... 5.8 Certificates of ...................2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5. 5.8, 5.14, 9.13.4, 14.12 completed operations.....................................5.4.13 CONTRACTORs Liability..................................5.4 CONTRACTORs objection to coverage .............5.14 Contractual Liability ......................................5.4.10 deductible amounts, CONTRACTOWs responsibility................................................5.9 Final Applicaton for Paymen..........................14.12 Licensed Insurers ...............................................5.3 Notice requirements, material changq .... ... 5.8,10.5 Option to Replace .............................................5.14 other special insurances ................................... 5.10 OWNER as fiduciary for r insureds .............. 5.12-5.13 OWNER!s Liability ............................................5.5 OWNERN Responsibility .................................... 8.5 Partial Utilization, Property IasurancF...............5.15 Property..... ................................................$.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 condition; .........................4.2 Labor, Materials and Equipment .......................... 0.3-6.5 Lands -- and Easements., ................................................. F.4 Availability of .............................................4.1, 8.4 Reports and Tests ...............................................8.4 Laws and Regulations --Laws or Regulations-- Bonds 5.1-5.2 Changes in the Work ........................................ 10.4 Contract Documents CONTRACTOR'sRe .....................0.14 Correction Period. defective Work ....................13.12 Cost of the Work. taxes ................................11.4.5.4 definition of .....................................................1.22 general6.14 Indemnificaticq ........................................ 6.31-6.33 Insurance.. .............................. ..................... .... 5.3 Precedence ............................ . ................ 3.1.3.3.3 Referenceto ..................................................�.3,1 Safety and protection ................................ 6.20,13.2 Subcontractors, Suppliers and Otheq ........... 6.M.11 Article or Paragraph Number Tests and Inspections...................................13.5 Useof Premises .................................................0.16 Visits to Site .......................................................9.2 Liability Insurance— CONTRACTORs..... .......................................... 5.4 OWNERs...........................................................5.5 Licensed Sureties and Insurer* ................................. 5.3 Liens -- Application for Progress Payment ......................14.2 CONTRACTORs Warranty of Title ....................14.3 Final Application for Payment ..........................14.12 definition of ......................................................1.23 Waiver of Claims __14.15 Limitations on ENGINEER!s authority and responsibilities ..................................................9.13 Limited Reliance by CONTRACTOR Authorized .................... ... '(��­'­'" 4,2.2 Maintenance a......................................................4.2.2 l� uaL%-- Operating Manuals-- Final Application for Payment .........................14.12 Manuals (of others) -- Precedence Reference to in Contract Documents 3.3.1 Materials and equipment -- furnished by CONTRACTOR ...............................0.3 not incorporated in Work .................................. J4.2 Materials or equipment -equivalent .......................... 0.7 Mediation (Optional)..............................................16.7 Milestones --definition of ........................................1.24 Miscellaneous -- Computation of Times .......................................17.2 Cumulative Remedies ........................................17.4 Giving Notice ....................................................17.1 Notice of Claim .................................................17.3 Professional Fees and Court Costs Included ........ J7.5 Multi -prime contracts.................................................7 Not Shown or Indicated .........................................4.3.2 Notice of -- Acceptability of Project ....................................14.13 Award, definition of .........................................1.25 Claim.................. .................................... .... 13.3 Defects.13.1 Differing Subsurface or Physical Condition;,,,,,, 411 Giving............................................................ 17.1 Tests and Inspection; ........................................13.3 Variation, Shop Drawing and Sample................¢.27 Notice to Proceed — definition of .....................................................1.26 givingof ............................................................2.3 EJCDC GENERAL COMMONS 1910 -9 (1990 EDMON) W/ MY OF FORT COLUNS MODIFICATIONS qTV 9/99) Notification to Surety..............................................a0.5 Observations, by ENGINEER...........................6.30, 9.2 Occupancy of the Work,,,,,,,,,,,,,,,,,, 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR...............6.9, 9.13 Open Peril policy form, Insurance ..........................5.6.2 Option to Replace....................................................5.14 Article or Paragraph Number "Or Equal" Items.................................................I....6.7 Other work 7 Overtime Work --prohibition of ................................. 6.3 OWNER -- Acceptance of defective Work...........................13.13 appoint an ENGINEER ...................................... 8.2 as fiduciary ........................ ..................5.12-5.13 Availability of Lands, responsibility .................... 4.1 definition of.....................................................1 •�7 data. furnish......................................................8.3 May CorrectDefective Work...........................13.14 May refuse to make payment.............................1.4.7 May Stop the Wok........................................13.10 May Suspend Work, Terminate ........... ................$.8, 13.10, 15.1-15.4 Payment, make prompt„..................0.3, 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 ................. ..... ........ 6,30.2.5 Change Orders, obligation to execute,,,,,,,,,, $.6, 10.4 Communications ............................................... 8.1 Coordination of the Work ................................... 7.4 Disputes, request for decision............................9,11 Inspections, tests and approvals .................. ?,7, 13.4 Liability Insurance, .... ................................... 5.5 Noticeof Defects. .............................................13.1 Representative --During Construction, ENGINEER's Status., .................................... 9.1 Responsibilities -- Asbestos. PCBs, Petroleum, Hazardous Waste or Radioactive Material................0.10 Change Orders, .......... ................................. 8.6 Changes in the Work..................................10.1 communications............................................8.1 CONTRACTOR's responsibilities .................. 8.9 evidence of financial arrangement; ..............$.il inspections, tests and approvals ..................... 8.7 insurance.. . .... ......... ............. ..................... 8. S lands and easements ..................................... 8.4 prompt payment by ........................................ 8.3 replacement of ENGINEER ............................ $.2 reports and tests............................................8.4 stop or suspend Work ................. 8.8, 13.10, 15.1 terminate CONTRACTOR's services..........................................8.8, 15.2 separate representative at site..............................9.3 testing, independent..........,. use or occupancy of the Wod .................... w7itten consent or approval ...................13.4 _....5.15, 6.30.2.4, 14.10 required, ..........9.1, 6.3, 11.4 EXW GENERAL COMITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COU NS MODIFICATIONS (REV 9/99) Article or Paragraph Number written notice required ........................7.1. 9.4, 9.11. ....................................11.2, 11.9, 14.7, 15.4 PCBs__ definitionof......................................................1.29 general..............................................................4.5 OWNER's responsibility for...............................8.10 Partial Utilization— definition of_ .................................................... 1.28 general6.30.2.4, 14.10 Property Insurance, ........................................... 5,15 Patent Fees and Royalties ....................................... 6.12 Payment Bonds...................................................5.1-5.2 Payments, Recommendation of ..............14.4-14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments .....................14.2 CONTRACTOR's Warranty of Title ................... J 4.3 Final Application for Payment .........................)4.12 Final Inspection,, ............................................ J4.11 Final Payment and Acceptane4............... J4.13-14.14 general......................................................... $.3. 14 Partial Utilization14.10 Retainage..........................................................14.2 Review of Applications for Progress Payments ................. .... .......... 14.4-14.7 promptpayment.................................................$.3 Schedule of Values.........:......:..........................14.1 Substantial Completion ......... ........ ............. 4.8-14.9 Waiver of Claims ............................................ 14.15 when payments due................................14.4, 14.13 withholding payment.........................................14.7 Performance Bonds............................................5.1-5.2 Permits.............................................................0.13 Petroleum -- definition of......................................................1.30 general..............................................................4.5 OWNER's responsibility for...............................8.10 Physical Conditions — Drawings of, in or relating tq ......................... .2.1.2 ENGINEER'S review ........................................ 4.2.4 existing structures...........................................4.2.2 general4.2.1.2......................................................... Notice of Differing Subsurface or,.....................4.23 Possible Contract Documents Change...............4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Reports and Drawings......................................4.2.1 Subsurface and....................................................4.2 Subsurface Conditions...................................4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4.2.2 Underground Facilities-- general.........................................................4.3 Not Shown or Indicated .............................. 4.3.2 Protection of ....................................... 4.3. 6.20 Article or Paragraph Number Shown or Indicated ................................................ 4.3.1 Technical Data ............................................... 4.2.2 Preconstruction Conferenc4.......................................2.8 Preliminary Matters.....................................................2 Preliminary Schedules .............................................. 2.6 Premises, Use of ............................................. ................................. Price, Change of Contract ............ ..............................I I Price, Contract --definition of..................................1.11 Progress Payment, Applications for ..........................)4.2 Progress Payment.-retainag@...................................14.2 Progress schedule, CONTRACTORs............ 2.6, 28, 2.9, ................................. 6.6, 6.29, 10.4, 15.2.1 Project--defmition of...............................................1.31 Project Representative— ENGI MER's Status During Construction,,,,,,,,,,, 9.3 Project Representative, Resident --definition of .........1.33 prompt payment by OWNER.....................................8.3 Property Insurance-- Additional.........................................................5.7 general5.6-5.10 Partial Utilization, ............................... 5.15, 14.10.2 receipt and application of proceeds ............ 5.12-5.13 Protection, Safety and_ ........................... 6.20-6.21, 13.2 Punch list ........................ _............................... 14.11 Radioactive Material-- defintion of.....................................................J.32 general4.5 OWNER's responsibility for . .............................. $.10 Recommendation of Payment................14.4, 14.5, 14.13 Record Documents ......................................... .19, 14.12 Records, procedures for maintainins ..........................7.8 Reference Points.......................................................4.4 Reference to Standards and Specifications ofTechnical Societies,_ ...................................... 3.3 Regulations, Laws and(cc)...................................... 6.14 RejectingDefective Work..........................................9.6 Related Work -- atSite ...... ................................ .................. 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review,,,,,,,,,,,,,,,,,,,, 6.28 Remedies, cumulative... ... _ ..... ___ ... ..... _ ... _17.4, 17.5 Removal or Correction ofDefective Work...............)3.11 rental agreements, OWNER approval required,,,, J1.4.5.3 replacement of ENGINEER, by OWNER,,,,,,,,,,,,,,,,,,,, 8.2 Reporting and Resolving Discrepancies................................2.5, 3.3.2, 6.14.2 Reports.. andDrawings, ......... .................. .......... ........... 4.2.1 and Tests. OWNE2's responsibility ..................... 8A Resident and Project Representative_ definition of....................................................1.33 provisionfor... ......................................................... 9.3 xil EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wl CITY OF FORT COLUNS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONTRACTOR's................6.2 Responsibilities— CONTRACTOR's-in general .................................. 6 ENGINEER's-in general._.....................................9 Limitationsott........ ..................................... 9.13 OXVNER's-in general.............................................8 Retainage............................................................14.2 Reuse of Documents.................................................. �.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal, ...........................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'Is Safety -- and Protection................................4.3.2, 6.16, 6.18, ..... .................... ..... ...... ..6.20-6.21, 7.2, 13.2 general ... ..... .................. ...........................0.20-6.23 Representative, CONTRACTOR's.......................6.21 Samples -- definition of .............................. .:...................... 1.34 general..................................................... .24-6.28 Review by CONTRACTOR_ ............................ 6.25 Review by ENGINEER..............................6.26, 6.27 rclated Work.....................................................0.28 submittal of, ...... _ ................................. _ ....... 6.24.2 submittal procedures.. ............ ........................... 6.25 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, 2.8-2.9, 6.24-6.28 Schedule of Value............................... 2.6, 2.8-2.9, 14.1 Schedules — Adherence to.. .............................. _ ......... 15.2.1 Adjusting...........................................................0..6 Change of Contract Times.................................10.4 Initially Acceptable... ................................ _ - 2.8, 2.9 Preliminary........................................................ 2.6 Scope of Changes.......................................10.3-10.4 Subsurface Conditions........................................4.2.1.1 Shop Drawings -- and Samples, general ..... .......... ................ _6.24-6.28 Change Orders & Applications for Payments, and ......................................... 9.7-9.9 definition of......................................................1-35 ENGINEER's approval of., .............................. 3.6.2 ENGINTER's responsibility for review ..................................... 9.7, 6,24-6.28 related Work.....................................................U.28 review procedures................................2.8, 6,24-6.28 Article or Paragraph Number submittal required...............................................6.24.1 Submittal Procedures._ . ..... ................................ 6,25 use to approve substitutions..............................63 3 Shown or Indicated...............................................4.3.1 Site Access......................................................7.2, 13.2 Site Cleanliness...................................1................. 6.17 Site, Visits to -- by ENGINEER .......................................... 9.2, 13.2 byothers..........................................................13.2 "special causes of loss" policy form, insurance........................................................5.6.2 definition of.....................................................1.36 Specifications— defination of....................................................1.36 of Technical Societies reference t9...................3.3.1 precedence .................... .................................. 3- 3.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Before..............................2.5-2,8 Starting the Work,,- ..... .............. ..................... 2.4 Stop or Suspend Work -- by CONTRACTOR...........................................15.5 by OWNER.....................................8.8, 13,10, 15.1 Storage of materials and equipment .....................4.1, 7.2 Structural Loading, Safety_ ................................ ..... 6.18 Subcontractor-- Concerning................................................6.8-6.11 definition of.. ....................... I., ...... ­­ ....... 1.37 delays .................................. .............................3 waiver of rights ................................................ d.I I Subcontractors --in general .... ,,...... __................6.8-6.11 Subcontracts --required provisions...... ... 5.11, 6.11, 11A.3 Subm ittals-- Applications for Payment..................................14.2 Maintenance and Operation Manuals...............14.12 Procedures.......................................................6.25 Progress Schedules......................................2.6, 2.9 Samples., ................................................. 6.24-6.28 Schedule of Values, .... ...... ........................ 2.6,14.1 Schedule of Shop Drawings and Samples Submissions......................................2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6,28 Substantial Completion -- certification of...........................0.30.2.3. 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............................0.7.1.3 ENGINEER's Evaluation.................................6.7.3 "Or -Equal"........... ........................................6.7.1.1 Substitute Construction Methods xiii E7CDC OENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COUMS MODMCATIONS (REV 9199) Article or Paragraph Number or Procedures.............................................6.7.2 Substitute Items, ...........................................6,7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatng to,,,,,,,,,,,,,,,,,,,,,,,, 4.2.1.2 ENGINEERs Review ...................................... 4.2.4 general...................... ........................................4.2 Limited Reliance by CONTRACTOR Authorized..................................................4.2.2 Notice of Differing Subsurface or Physical Conditions ...................._........ ........... 4.2.3 Physical Conditions ............................. ......... 4.2.1.2 Possible Contract Documents Change...............4.2.5 Possible Price andTimes Adjustments...............4.2.6 Reports and Drawings......................................4.2.1 Subsurface and ................................................... 4.2 Subsurface Conditions at the Site...................4.21.1 Technical Data.................................................4.2.2 Supervision-- CONTRACTORs responsibility .............................1 OWNER shall not supervise ................................ 8.9 ENGINEER shall not supervise,,,,,,,,,,,,,,,, 9.2, 9.13.2 Superintendence.......................................................4.2 Superintendent, CONTRACTORS resident...............6.2 Supplemental costs,... .....................................11.4.5 Supplementary Conditions — definition of.....................................................1.39 principal references to.................J.10, 1.18, 2.2, 2.7, ........................4.2. 4.3. 5.1, 5.3, 5.4, 5.6-5.9, ................. ,11,6.8,6,13,7.4,8.11,9.3,9.10 Supplementing Contract Document;..........................3.6 Supplier — definition of.....................................................1.40 principal references to ........... �,7, 6.5, 6.8-6.11, 6,20, ..........................................6,24. 9.13, 14.12 Waiver of Rights ........................................... .6.11 Surety -- consent to final payment .......................J4.12, 14.14 ENGINEER has no duty ta................................ 9.13 Notification of ............... ......... ......... 10.1, 10.5, 15.2 qualification of,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,I........... 5.1-5.3 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 ............................. Taxes --Payment by CONTRACTOR, ....................... 6.15 Technical Data -- Limited Reliance by CONTRACTOR .................4.2.2 Possible Pries and Times Adjustment*..............4.2,6 Reports of Differing Subsurface and Physical Conditions....................................4.2.3 xiv Temporary construction facilities............ I ................ 4.1 Article or Paragraph Number Term ination-- by CONTRACTOR...........................................15.5 by OWNER ........................................ 8.8, 15.1-15.4 of ENGINEERS employment .............................. 8.2 Suspension of Work-in general .............................15 Terms and Adjective4..............................................3.4 Tests and Inspections -- Access to the Work, by others ...........................13.2 CONTRACTORs responsibilities ......................13.5 cost of 13.4 covering Work prior to..............................13.6-13.7 Laws and Regulations(or)................................ 13.5 Notice of Defects..............................,,,,,,,,,,,,,,,,,13.1 OWNER May Stop Work ....... ................ .......... 13.10 OWNERS independent testing ..........................13.4 special, required by ENGINEER ..........................9.6 timely notice required......................................13.4 Uncovering theWork, at ENGINEERs request............... ........................... ...... 3.8-13.9 Times-- Adjusting...........................................................0.6 Change of Contract............................................12 Computation of.................................................17.2 Contract Times --definition of ..........._„,,,,,).12 day.........................................................17.2.2 Mrlestones..........................................................12 Requirements — appeals.......... . .......................................9.10. 16 clarifications, claims and disputes..................9.11, l 1.2. 12 Commencement of Contract Times,,,,,,,,,,,,,,,, 2.3 Preconstruction Conference 2.8 schedules.........................................X6, 2.9, 6.6 Starting the Work.........................................2.4 Title, Warranty of...................................................14.3 Uncovering Work ............................................ 13.8-13.9 Underground Facilities, Physical Conditions — definition of .................................................... AI Not Shown or Indicated— ................ ---- .... . 4.3.2 protection of..............................................4.3. 6.20 Shown or Indicated..........................................4.3.1 Unit Price Work— claims.........................................................1,1.9.3 definition of....................................................1.42 general11.9, 14.1, 14.5 Unit Prices-- generall 1.3.1 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...................................................11.3 Values, Schedule of..............................2.6, 2.8-2.9, 14.1 EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Variations in 'Work --Minor Authorizca....................................... 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 -- Accessto..........................................................13.2 byothers.............................................................. 7 Changes in the ............................. _..................... 10 Continuing the..................................................0.29 CONTRACTOR May Stop Work orTerminate .................................... , ,15.5 Coordination of...................................................7.4 Cost of the,................................................11.4-11.5 definition of......................................................1.43 neglected by CONTRACTOR...........................13.14 otherWork............................................................7 OWNER May Stop Work.................................13.10 OWNER May Suspend Work...................J3.10, 15.1 Related, Work at Site....................................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 to......................3.5.3, 10.1-10.2 Written Amendment -- definition of......................................................1.45 principal references tq.............1.10, 3.5, 5.10,15.12, .................042, 6.8.2, 6,19, 10.1, 10.4, ,,,,,,,,,,,,,,,,,,11.2, 12.1, 13.12.2, 14.7.2 ,, Written Clarifi,cations,and, Interpretations...................................3.6.3, 9.4, 9.11 Written Notice Required -- by CONTRACTOR............................7.1, 9.10-9.11, ...................................... 10.4, 11.2, 12.1 by OWNER ........ ............Q.10 9.11, 10.4, 11.2, 13.14 SJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODMCATIONS (REV 9/99) (This page left blank intentionally) EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) wt CITY OF FORT COLUNS MODIFICATIONS (REV 9199) GENERAL CONDITIONS ARTICLE 1-DEFLNITION'S Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof. 1.1. Addenda --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 Pa)wwnt--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. I.S. Bid The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding 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. L8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommenced by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Nate of the Agreement, 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJC'DC GENERAL Comnom 1910.8 (1990 Edntim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Charge Directives, Field Orders and ENGINUR's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4 2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work) - 1.12. Contract Times —The numbers of days or the dates stated in the Agreement; (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGJaNEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person, firm or corporation 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 prior to ENGINE R's recommendation of final payment (unless reTo nsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10), 1.15. Drauings—The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1,16. Effective Date of the 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 ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor charges in the Work 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 I of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22.a. Laws and Regulations, Lars 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. 122.b. Legal Holidays--shall be those holidays observed by the City of Fort Collins. 1.23. Liens --Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. kfilestone--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 Am,ard—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy, to ENGINEER) firing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. 03WER—The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1.28. Partial Utili<ation—Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Sutaamial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1,30. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -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 Alaterial—Source, special nuclear, or byproduct material as defiled by the Atomic Energy Act of EJCDC GENERAL CONDITIONS 1910-S (1990 Mimi) W1 aTY OF FORT COLUM MODIFICATIONS (REV 4R000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Working Hours --Regular working mum are defined as 7:00am to 6:00pm unless otherwise specified 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 drawings, 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. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems standards and workmanship as applied to the Work and certain administrative details applicable thereto 1.37. Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR 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 thereof) has progressed to the point where, in the opinion of 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 'subutantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary 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 Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities of attachments, and any encasements containing such facilities which have been installed undermournd to famish 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. L42. Unit Price ;;'ork—Work to be paid for on the basis of unit prices. 1.43. (fork --The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required 1 y the Contract Documents. 1.44. Mork Change Direerrve—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 paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. 13'ritten rnen6mnt--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 Bomb: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents. 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. C.ommencenrent of Contract 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 CONDITION51910.8 (19" Edtion) WICITY OF FORT OOLIANS MODIFICATIONS (REV 412000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement h; — ,tie Goatr t z s ofthe:�rae�ttenf—+vhiehever-date-is eerlier: Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each pan of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification frorn ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such subm ittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR atk1-GVoNTRR shall eadr deliver to die othef OWNED with copies to identified in the Siapplemeatai3t GeFA ENGINEER SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed certificates of insurance (and other evidence of insurance reasonably re=tug requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.4, ag and 5. . Freconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9, Unless otherwise provided in the Contract Documents, Appheatiow k*4:kiymu t before any work at the site begins a conference atterrcfed by CONTRACTOR ENGINEER and others as appropriate designated by OWNER will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Division 1 - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providurg a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schWule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCUMENTS. INTENT, .6MENDI1rG, 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 . It is the intent of the Contract Documents to EKVC 4ENUAL CONDITIONS 19103 (1990 Editim) w/ QTY OF FORT COLLiM MODIFICATIONS (REV 4/2000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract 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 World, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resohing Discrepancies: 3.3.1. 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 Aids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. It 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 rFort it to ENGINEER in writing at once, and. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or su plemcnt 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. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 35 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). N`o provision of any 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 famishing 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 terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Iocuments. Amending and Supplementing Contract Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), EJCDC GENERAL CONDI110M 1910.3 (19" Edtim) wl CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5} 3.6.2. ENGINEER'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 of Documents: 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--AVAILABILITY OF LANDS; SIJIMTRFACE AND PIIYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 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 O'r'�T.,z.ER sh all --far -fit"--" rTeet a"-ofdance—w'itl�—applicable—baivs—and—Regulatiens OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles I and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4..2. Subsurface and Physical Condlitions: 4.2.1. Reports and Drmrings: Reference is made to the Supplementary Conditions for identification of. 4.2.1.1. Submufaee 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. 4.12. Limited Reliance by CONTRACTOR Audwrizeck Technical 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 Documents Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER ENGINEER or any of ENGINEER's Consultants with respect to: 42.2.1 the completeness of such report~ and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretation.% opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretatiun of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 42.3. Notice of Differing Subsurface or Physical Conditions: If CON -TRACTOR believes that any subsurface or physical condition at or contiguous a5 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 4.2.2 is materially inaccurate, or 4.2.3.2. 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 E)CDC GEhEIiAI. CONDIMON51910.8 (1990 Edition) w/ CITY OF FORT COLLIM MODIFICATIONS (REV 4R000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, 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 permitted by paragraph 6.23), notify OWNER and ENGINEER to writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 42.4. ENGIMEER's Ralew: 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 Docrnttents Change: 1f ENGINEER concludes that a change in the Contract Docum ents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 42.6. Possible Price and Times A4u.>lmerds. 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 CONTRACTOR's cast 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 any such adjustment; 4.2.6.3, with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such corndditions at the time CONTRACTOR made a final commitment to OWNTER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6A4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed 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 Tunes, a claim may be made 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 sustained by CONTRACTOR on or in connection with any other project or anticipated project 4.3. Physical Conditions- -Underground Facilities: 4.3.1. Shorn orindcated• 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 information 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 responsible for the accuracy or completeness of any such information or data, and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (it) 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 paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Slwwn 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 Documents, CONTRACTOR shall, prompfly 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 paragraph6.^_•3), identify the owner of such Underground Facility and E]CDC GENERAL CONDITIONS 1910.8 (1990 Edtion) wit CITY OF FORT COLLINS MODIFICATIONS (REV A2000) give written notice 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 extension 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 indicates in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles I I and 12. However. OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, casts, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Pointg: 44. 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 changes 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 Wane or Radioactive Material. 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous 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. 0A.'NER shall not be responsible for any such materials brought to the site by CONTRACTOR Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. NO I 'lllEl�lF'libil.'ti!1! L• ::_. poruen-o ferees er e ewer-negligenee EJCDC OEhERAL CO`UTIONS 1910-S (1990 E(lition) w/ QTY OF FORT COW MODIFICATIONS (REV 4P-900) ARTICLE 5--BON1)S AND INSURANCE Performance, Payment and OtherBonrdc 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be 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 Operations, U.S. Treasury Department All Bands signed by an agent must be accompanied by a certified copy of such agents authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or 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 Bands 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. 9kW�ER " MG CONTR4CTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be Gable: 5.4.1. claims under workers compensation, disability benefits and other similar employee benefit acts; 5A.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; persorral-injury-li$bility-Beverage-evhieh-ero-sustained: indire l�relete¢I-to the c*t tpley ttent of SvGh pc sonby L'c�'F�at�'FeR—or-f+f}by--sty-�kbsr lx�r-f�-any ethe�reasenc 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 darnages 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. include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEFR, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of wham shall be listed as additional insureds, and include coverage for die 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 Laws or Regulations, whichever is greater; 5.49. include completed operations insurance; EJCDC GENERAL Comnom igim 0"0 Edtion) VVI C1TY OF FORT COLLINS MODIFICATIONS (REV 4nOOO) 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 changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 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 *fective Work in accordance with paragraph 13.12; and 5AB. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom 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). OTVA R'sLiabilityInsurance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense MkINER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. I4nless-otheririse-provide4-ut- "-Supplementery GendiviepA; OWNER shall UFARSe Find property iretursnce upott$te �VaFk at;i�e ;a i:� "Mount el. dcdut4i e sha1T- b:5.1—include the interests of 93X 691�FT-RAC-�A.I�- St}bcentre©t . eaeh of yAtom is ls�'E>1�SR's-Censttltants-end-any-�t#rer �Sersens-or �ttities--idetttifred-in tha-Suppletnettter�-C-ertc�ittens; ands�il b�rd4ts en-insur�#�r-eddRior�ip insurc*ttc . _. l tff?i-Risk=sl1R,skE-or open peril (w . hat kiss Gr dam--- t to t#ie iVa�rli temperary �uiklirig felsevrorl� the— elletvirig—perils=fie, lightnir . e., tentded cifically required by the Supplementary Condi `---eelade-exj mes �r�errr�:� Qi�-repe�r ©r ..nd-1-arges of engineers .,tea afehitCe#S} Bf at aft ef'-100ftti 03AWER Priam tea he 'R ayment-rz'fomm ended 1jy �.�; Stirj i • w a. `• . r � . n. Q. 1. z• E :t a - a E 0 • I. 1•Q+ • • • Y • + .I. I. 1 ^ a I.I. a• E.'.'.. -: MO Sa _2 C , 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in nFREE eeTsIN rs"-,;�rrr�; IA".1 EJCDC GENERAL CONDITIONS 1910.8 (19" Edition) 10 wf CITY OF FORT COLLIM MODIFICATIONS (RF,V 4l2000) »�..m� Frejest-ef-ga�-that a $ho F' ...j w tranoe Pefiv raGsveFy--again6t- Ay of (XAWv A(- s, em ployoes and agents 4 ai ty oftherm Receipt and Appli cation of Insurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the iruureds, 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 Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any lass 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 $�e.i ;gi hly ^ .y-pa€ty-iri iriterast,-AVh�lp�r-ss-€tdusia� J�=11-giya-band-ft�-tlia proper-Parfa�anca-of sucks AutioS. Acceptance of Honds and Insurance; Option to Replace: 5,14. If eitl • •-party-{9l� fiI2-or-E9 i2 10T8R� OWNER has any objection to the coverage afforded by or other provisions of the Bonds --or insurance required to be purchased and maintained by the ether--� CONTRACTOR in accordance with Article 5 on the basis of nonconformance with the Contract Documents, the 6-the-other-party OAKM will notify CONTRACTOR in writing within tan fifteen days after reeeipt delivgy of the certificates(er etheridense regrreste to OWNER as required by paragraph 2.7. Phalleach-pray ide-tc� preided , the otw,r mwj-reasonably requesL if either k—y base or maitraein all of the Beftds�-� --oh pany by the C-entraot Man of y--slnal l-neti€,w-tine-ether-�€irty-fit e W."-r-Zsttelrfailtira�e�tneintein-txfor to eny char a -in tlre-repprired couarega.-�V-i l�ragl}t or-rai e4y-,-tlla ettlne fxtFty maylasts titaaitpensa Atha-Marty-wlno eves ragttirecl-to-pr8vid�srieh sevaipga;-end�t•-C-laariga-0rclex-sknall-l>z-issti.�-te-adji�sf#ha Coe>trset-Price-eceerciingly- Partial Utilization -Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or potions of the Work prior to Substantial EJCDC GENERAL CONDITIONS 191 M (1990 Edlion) wl CITY OF FORT COLLINS MODIFICAUONS (REV 4n000) Completion of all the Work, such 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 property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES Supen•ision and Superintendence: 61 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 required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTORS 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, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all tunes maintain good discippline 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 cogent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of army Work to be performed on Saturdav, Sunday, Holidays or outside the Regular Working Hours. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materiaLs, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, startup and completion of the Work. 6.4.1. Purchasing Restrictions: CON`TRACI'OR must comply with the Ci 'spurchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office. 4.2. Cement Restrictions: Ci Resolution 91-121 requires that suppliers and producers of cement or prorhrcts containing cement to certify that the cement was not made in cement kilns that bum nardous waste as a rue 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the hind 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 Documents. Progreay Schedule: 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 paragraph 29) proposed adjustments in the progress schedule that will not charge the Contract Tunes (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description EJCDC OEN LALL CONDITIONS 1910-8(1990 E(ition) w! CITY OF FORT COLLINS MODIFICATIONS (REV 42000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. "Or -Equal" If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or —equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Rents: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7,1.1, 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 namod and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGUEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not he 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 ENGINEERt for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for wort: 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 variatiot� 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 casts or credits that will result directly or indirectly from acceptance of such substitute, including casts of redesign and clauus of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evahrating the proposed substitute. ENGNEER may rah tire CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CONMCI OR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6 7.2 Substitute Construction Methods or Procedures: If a %ciftc means, method technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method technique, sequence or procedtue of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER max, require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGNEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so propc"d or submitted by CONTRACTOR. CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6_8. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organisation (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EiCDC GENERAL CONUTIOM 191M 0 M Edtiaa) wJ CITY OF FORT COLLINS MODIFICATIONS (REV 4nOb0) 6,9. CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is without subcontractingl. The 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price. 6.8.2. if the Suppl tary C itioas Biciciing Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to punish the principal items of materials or equipment) to be submitted to OWNER in adyanee ef the date prior to the Effective Date of the Agreement for acceptance by OWNER and ENC'iNEER—ea" E9tNT3�4GT9R--l�rs-subnttl-a—lit--dteree€-ice atafy Genditions,; OWNER's or ENGINEERS acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of e — Sue. efgsrrirtien 1�0 eked on the basis�reason"�objestrt -ioa€ter-der it�v Esgtrtiea is �vla >Rll—stt�tit—mt seezpt4Ule subs#i adjtt ec# >3y tha dt�erenca ixi the-cost-e6ca 'will beet2rd by trbstAnd An (�Fde will constitute a condition of the Contract requiring the use of the named subcontractors, suppliers or other persons or oration on the Work unless written approval is obtained from OWNER and ENGINEER. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject dayechve Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or fumishing any of the Work under a dirc,.1 or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGLNEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payanent of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any subcontractor, supplier or other person or oreanization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment". 13 SECTION 00510 NOTICE OF AWARD DATE: April 23, 2018 TO: A-1 Chipseal Company PROJECT: 8522 Asphalt Surface Treatment Project - 2018 Renewal OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated April 13, 2018 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 - 2018 Renewal. The Price of your Agreement is Two Million Two Hundred Thirteen Thousand Four Hundred Sixty -Three Dollars and Sixty Cents ($2,213,463.60). 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 May 7, 2018. 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 ContracpOpcuments attached. City of Fort OWNER By: / Gerry Paul'''✓ Purchasing Director 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the t>r,'ork 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 and ENGINEER. fiver-any-saeh-Wiee eftt nth a Stu "n addit3emal�nsured-orrihe-property-insuraruee-provided-in paragre ant —between} tlta a�ntaix-pfo+°isnens-whefeby-the-;�trbe��ttaetcnf-ef �uppltcf R-'S-Carnstnitttftts ^-ffi�-a'a-atlner additional-ins�u2�ds-fer�ll--losses-ancl�emaees-seused�y; arasif ettFef9f resulting freaT ar3rof thrperilseavered-by 45 the- Uch policies require rty-in�nr�tn�pplieaklatA separate -wary :zed-by-any-Subcontraeter-er Patent Fees and Row ties• 6.12. CONTRACTOR shall pay all licensc 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 it particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OVMER, 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 arising 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 in the Contract Documents. 14 EXIX GENERA[. CONDITION'S 1910.5 (1990 Edition) wI CI T Y OF FORT COLLIM MODIFICATIONS (REV 4l2000) Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility, owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 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. 6.142. if CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or 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 taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be ormaneritly 4rQrpQrated into the prgject. Said takes shall not be included in the Contract Price. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Taxes for the State of Colorado, Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and building In p sieally inoo rated into the Jrolec e dby CONIRACTORdare to be included in appr iaolx,_te bid items. Use of Prendsev 6.16. CONTRACTOR sl-mll 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 land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent. land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, 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 any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, 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 structure, not shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: EJCDC GENERAL CONDITIONS 1910.8 (19" Eritian) wl CITY OF FORT COLLINS MODIFICATIONS (REV 4r1000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amenchncnts, 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 durin* 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 prior to release of final payment these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OXVNER. Safety and Protection: 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, walks pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or lass; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 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 arty of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or 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). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in comumection with Substantial Completion). 6.21. Safety Represeniarnre: 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 Programer: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the 'Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24. Shop DrawingsandSamples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and ap rovat in accordance with the accepted schedule of hop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of topics 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 shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGMFR may require to enable ENGINEER to review the submittal for the limited 16 EKMC GENERAL CO ZITIOISS 1910E 90 (19Edition) tv/ CtTY OF FORT COLLIM MODIFICATIONS (REV 4/2000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified. 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.12. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3, all information relative to CONTRACTORS sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.252. Fach submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTR4CTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop 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, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as 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. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs 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 FNGINF,F.R as required by paragraph 2.9, any related Work performed prior to ENTGINEWs review, and approval of the Pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Mork: 6.29. CONTRACTOR shall c 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 m writing. 6.30. CONTRACTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENTGMI ER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. 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 EJCDC OENERAL CONDITIONS 1910.3 0 "0 Edtim) wl CITY OF FORT COLLARS MODIFICATIONS (RE%' 412000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3, the issuance of a certificate of Substantial Completion or any payment by OINNEIt 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. Indenmifrca,don. 631. 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 datnages (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, arising out of or resulting from the performance of the Work, provided that any such claim, cast, 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 part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against. OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of than may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or arty such Subcontractor, Supplier or other person or organization under workers' compensation acts, 'disability benefit acts or other employee benefit acts. 633. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINE, ER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement, ARTICLE 7—OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by 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: (t) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (u) CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe aeecs 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 its 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 EKIX GENERAL CONDITIONS 1910.3 (19" Edition) 18 wJ CITY OF FORT COLLIAS MODIRCATIONS (REV 4/2000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified, T4.2. the specific matters to he 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 Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 82. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer 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 Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. 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. Paragraph42 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. and maintainin- liability re- t 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to slop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 89. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or fumish the Work in accordance with the Contract Documents. 849—9Vr'?F3spe^t_<^o. a,,tdiselesrd Asbestos,—rt—eleum--I3arrdeus-4Veste—Ar 12adieaettve-r'vfatet�ais-tateevered-er-reaealed-at-th��s sa�#artli-r�aragr'rstvkr'43- $-!'.snit �m�d-tA-the-o*tFent-0i�R has BC-Q=R ACTOR giEed-ts3••ftinttsh t-arrsisl arrangements-havr-been--�tt rash-%brl{ty in respeot-theree€-will-be as-set,Arth- the ARTICLE 9-ENGLNE.ER'S STATUS DURING CONSTRUCTION 0 "ER's Representari ve: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER I isitr to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EICDC GENERAL CONDITIONS 1910.8 (1990 E(ktiar) col CITY OF FORT COLLINS MODIFICATIONS (REV V2000) 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 in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGIl`'EER'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 safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the fitrnishintg or performance of the Work. Project Representative: 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 authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 and in the Supplemen" Conditions 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 other person will be as provided in era h 9.3 of these General Corxlitions If the ENG :EII11�R writ ph a Resident Project Representative (RPR) or other assistants. or if the OWNER designates a Representative or agent, all as provided in paragraph 9.3 of the General Conditions. these Representatives shall have the authority and limitations M' p ojdi d_ _ mph 9.13 of the General Conditions and shall be subject to the following 9.3.1. The Representative's dealings in matters pertaining to die on -site work will, in general, be with the ENGINEER and CONTRACTOR. But the Representative will keep the OWNER proaerly advised about such matters. The Representative's dealings with subcontractors will only be through or with the full knowledee and approval of the CONTRACTOR 9.3.2. Duties and Responsibilities. Representative win: 9.3?.1. Schedules - Review the progess 19 schedule and other schedules tm med by the CONTRACTOR and consult with the ENGINEER concerning, acceptability; 9.3.2.2. Conferences and Meeting - Attend meeting with the CONTRACTOR such as prcconstrudion conferences, progress matings and other lob conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3. Liaison 9.3.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR working_ptnciMliy rough CONTRACTOR'S suDerirgendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3.2.3.2. Assist in obtaining from OW7`m additional details or information- when required, for proper execution of the Work. 9.3.2.3.3. Advise the &NCYD TER and CONTRACTOR of the commencement of = Work regyj m a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER. 9.3.2.4.Review of Work. Rejection of Defective Work, Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is proceeding in accordance with the Contract Documents. 9.3.2.4.3. Accompany = visiting ectors representing public or other agencies having iunsdiction over the Proiect. record the results of these inspections and report to the ENGR4M. 9.3.2.5. Irttemretation of Contract Documents. Rgpat to ENGINEER when clarifications and interpretations of the Contract Documfts are needed and mrtsrmit to CONTRACTOR clarification and interpretaticn of the Cottmet Documents as issued by the lei. tug : 9.3.2.6. Modifications. Consider and evaluate CONTRACTORS suggestions for 20 EJCDC GEMERAL CONDIMOM 1910-8 (19" Edition) wl CITY OF FORT COLLIMS MODIFICATIONS (REV 4t2000) modification in Drawings or Specifications and report these recommendations to ENGINEER Accurately transmit to CONTRACTOR decisions issued by the ENGINEER 93.2.7. Records. 9.3.2.8. Reports. 9.3.2.8.1. Furnish ENGINEER periodic Mr as required of the pr ess of the ork and of the CONT compliance with the progress schedule and schedule of shoe Drawing and samnle submittals 9.3.2.8.2. Consult with ENGINEER in advance of scheduling major tents. inspections or start of importamtphases of the Work_ 9.3.2.8.3. Draft proposed Change Orders and Work Directive Change& obtaining back up material from the CONTRACTOR and recommend to ENGINEER Change Orders. Warp Directive Changes and field orders. 9.3.2.8A. Report immediately to ENGZMM and OWNER the occurrence of My accident. 9.3.2.9. Payment Requests. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendation to ENGINEFIt, noting particularly the relationship of the Payment requested to the schedule of values, work oom�leled and materials and equiliinent delivered at the site but not incarp�ated m the Work. 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 requirinA correction or completion, 9.3.2.10.2. Conduct finial inspection in the company of the ENGINEER OWNER and CONTRACTOR and prepare a final list of items to be corrected or cop 1p eted. 9.3.210.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concernir» acceptance. 9.3.3. Limitation of Authority: The Representative shall DQL 9.3.3.1. Authorize anv deviations from the Contract Documents or accept anv substitute materials or equipment unless authorized by the ENGINEER 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents. 9.3.33. Undertake any of the responsibilities of the CONTRACTOR Subcontractors, or CONTRACTOR'S superintendent. 9.3.3.4. Advise on or issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures for construction unless such is ciftcal v called for in the Contract Documents, 9.3.3.5. Advise on or issue directions regarding or assume control over saferi- precautions and programs in connections with the Work. 9.3.3,6. Accept Shot) Drawings or sample submittals from anyone other than the CONTRACTOR 9.3.3.7. Authorize OWNER to occupy the Work in whole or in part. 9.3.3.8. Participate in Mecialized field or laboratory tests or insp!�qions conducted by others except as sp j ea11v _satgS}tgt by the ENGINEER. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC GENERAL CONDMOM 1910.8 (1990 Edtian) w/ CI TY OF FORT COLLINS MODIFICATIONS (MI VI D00) 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 and the parties are unable to agree to the amount or extent thereof if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized I'ariationsin Work: 9.5. ENGLVEER may authorize minor variations in the Work front the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Timcs and are 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 Price or the Contract Times and the p riies are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. FNG17"�TEF.R will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project 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 Drawings, Change Orders and Pavments: 93. In connection with E NGINEER's authority as to Strop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive, 9.8. In connection with ENGINEERSs authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEERSs authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). 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 ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other 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 clays) 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 opposing 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: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXIIIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and 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 Regulations within sixty days of the date of such 22 EXW GENERAL COi�1MINSIS 19104 (1990 Edition) wt QTY OF FORT COLUM MODIFICATIONS (REV 4P-000) 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 Ciality to OWNER or CONTRACTOR and will not be le in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter-puvivant to Artiele 16. 9.13. Limitations on ENGIhZ:ER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization or to any surety for or employee or agent of any of them. 9.13.2. ENGFNEF,R will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any oiler person or organization performing or furnishing 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 only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be perforated under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase - in the Contract Price or an extension of the Contract Times with respect to any Work perforated 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 Written Amendments) covering: 10.4.1. changes in the Work which are (ti) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10A.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10A.3. changes in the Contract Rice or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall cant' on the Work and adhere to the progress schedule as provided in paragraph 6.29. 103. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC GENERAL CONDITIOM 19103 (19" Ed im) w! CITY OF FORT COLLINS MODIFICATIONS (REV 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 responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTORs expense without change in the Contract Price. 112 The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party 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 paragraph 9.11 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 112. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: I I.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 23d day of April in the year of 2018 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 Company (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 - 2018 Renewal 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 three (3) 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-five (45) consecutive 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. paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph IL 3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTORs fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the U'ork: 11.4. 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 b, in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other persommel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include,--but-not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemploymncnt, excise and payroll taxes, workers' compensation, health and retirenment benefits, —bonuses; s applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in cormection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, 24 EK DC GENERAL CONDITIONS 1910s (1990 Editim) w/ OTY OF FORT COLUM MODIFICATIONS (REV 4/2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the sane manner as CONTRACTORs Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All suboontrads 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 transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties cormected 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 Work and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreements. The 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 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Su ontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and e .Tenses shall be included in the Cost of the Work for the purpose of determining CONTRACTORS fee. If, however, any such loss or damage requires recxmstructicm and CONTRACTOR is placed in charge thereof; CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5 T The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Mirror expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash itenis in connection with the Work. 11.4.59. Cast of premiums for additional Bonds and imurance required because of changes in the Work. 11.5. The tern Cost of the Work shall not include any of the following: 11.5.1. Pavroll costs and other compensation of CONTRAC:TOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether 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 ll.4.1 or specifically covered by paragraph 11.4.4—all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR' principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTORS capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the saute (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EJCDC OENEERAL CONDITIONS 191M (1990 Edticn) wl CITY OF FORT OOLLINS MODIFICATIONS (KFV 4/2000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of &fecrnve Work-, di. sal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee, or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6, 2.1. for costs incurred under paragraphs 11.4.1 and 11,4.2, the CONTRACTOR's fee shall be fifteen percent 11.6.2.1 for costs incurred under paragraph 11.43, the CONTRACTOR's fee shall be five percent, 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cod of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11 A 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 ariityy higher tier Subcontractor and CONTRACTOR will each be paid a fee tt�ieto� to be nesotiated in Good faith with the OWNER but not to exceed five 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 any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease, and 11.6 2.6. when both additions and credits are involved in any one change, 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 paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together 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: I1.8.1. the allowances include the cost to CONTRACTOR (less any applicable track 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 expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual aniounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Urut Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be mace by EN`GTNEER in accordance with paragraph 9.10. 11.92. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and sienificantly from the estimated quantity of such item indicated in the Agreement; EXVC GENERAL CONDITIONS 1910-S (1990 Emtiar) 26 w/ (STY OF FORT COLLIM MODIFICATIONS (REV 42000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3, if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the ris t to add or delete items in the Bid or chance quantities at OWNER'S sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twrnty-five percent of to i ,4 al total C=raet price. ARTICLE 12--CHAI GE OF CONTRACT TIMES 12.1. The Contract Tunes (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event givirm rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimants written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the 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 statud 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 Milestone's) 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 neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 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 tune lost due to such delay shall be CONTRACTOR's sale and occlusive 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 (i) delays caused by or within the control of the CONTRACTOR or (ii) delays beyond the control of both parties including, but not limited to, foes, 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 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTII•E WORK 13.1. Notice of Defects• Prompt notice of all defective Work 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. Aecessto Work: 13.2. OWNER, ENGINEER, ENGMER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work eA reasattabl"mnes for their 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 Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13A. 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 costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EJCDC GENERAL CoNriinom 1910.5 (1990 Editim) n/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) below shall be paid as provided in said paragraph 13.9, and 13.4.3. as otherwise specifically provided in the Contract Documents, 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested a approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all 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 costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mie 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 CONTRACTOR's intention to cover the same and FNGINFFR has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if` requested by ENGINEER, be uncovered for ENGINEER's observation and replaced atCONTRACTOR'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, exTosure, 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 Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12, OTYAM 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 step the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any, duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other parry-. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period.• 13.12.1. if within oi"ear 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 cost 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 (it) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced and all claims, costs, losses 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. 13.12.3. Where defective Work (and damage to other EJCDC GENERAL CO; IDITIONS 1910S (1990 Edition) 28 wf CITY OF FORT COLLINS MODIFICATIONS (REV A2000) 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 ena-}ear two vears after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective 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, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order writl be Issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 0WT•T-R blay Correct Defective Work: 13.14. If CONTRACTOR fails within a reasa-kible time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by FNGINFER 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 other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed 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 ENGINEER's Consultants access to the site to enable 01KNIER 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 will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all casts of repair or replacement of work, of others destroyed or damaged byy correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an odension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14-PAIMENTS TO CONTRACTOR AND COMPLETION Schedule of halues. 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 on account of Unit Price Work will be based on the number of units completed. Application for Progress Pnyntent: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by 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 O11v1,ER'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 subject to substitution by y the CONTRACTOR with securities or any arrangements, involving an escrow Qr Estodianship By executing the application for }�tyment fm the CONTRACTOR expressly waives his fight to the benefits of Colorado Revised statutes Section 24-91-101. et sea. COATR4CTOR's Warrant), ofTitie. 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any 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. Resim of.4pplfeations for Progress Payment- 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a E1CDC 0EIQERAL CONDITIONS 1910.8 (1990 Edtim) wl CITY OF FORT COLLINS MODIFICATIONS (REV V2000) 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 after presentation of the Application for Payment to OWNER with ENGINEERs recommendation, the amount recommended will (subject to the provisions of die 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, 14.51 the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and ciassificatiocz 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 deemed 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 furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such 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 ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been reaiuired to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15'2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because. 14.75. claims have been made against OW LATER on account of CONTRACTOR's performance or fiimishing 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 any of the events enumerated in paragraphs 14.7.1 through 14.7.3 of paragraphs 15.2.1 through 15.2.4 inclusive, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. I£ ENGINEER 30 EKVC GENERAL CONDITIONS 1910E (19" Ediuon) tv1 CITY OF FORT COLLIM MODIFICATIONS (REV 4h000) 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 payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen 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 binding on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the tight to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list - Partial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work, which (i) has specifically been identified in the Contract Documents, or (u) OWNER, ENGINEER and CONTRACTOR =cc constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.I.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OW LATER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request. OWNER, CONTRACTOR and 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 Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection, 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR m 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 Pi{vntent: 14.12, After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragmph6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (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, (ii) consent of the surety, if any, to final payment, and (iii) 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 furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) 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 OW1,1ER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EJCDC GENERAL CoNDinom 1910.8 0990 Ecftim) w/ CITY OF FORT COLLINS MODIFICATIONS (RfiV 4R000) to furnsh such a release or receipt in full, CONTRACTOR may furnish 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 payment are to be submitted on forms conforming to the format of the OWNER'S standard forms bound in the Proiect manual. Final Payment and Acceptance: 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 fitlfilled, 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 after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to para-gmh 17.6.2 of thcsc General Conditions. 14,14, If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER., and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement and if Bonds have. been "shed 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. iliaiver 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 �Vork appearing after 31 fmal inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of anyy ssppeecial guarantees specified therein, or from CONTRACTOWs continuing obligations under the Contract Documents; and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE IS -SUSPENSION OF WORK AND TERMINATION OMIVER May Suspend Work: 15.1, At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fir the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 1 I and 12. 06IINUR May Terminate: 15.2. Upon the occurrence of any one or more of the following events. 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the 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 paragraph 2.9 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 152.4. 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 same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EJCDC GENERAL CONDITIONS 1910E (1990 Edition) 32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitle( to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work, 15.4.2. for expenses sustained prior to the cffective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. 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 loss of anticipated profits or revenue or other economic lass arising out of or resulting from such termination CONTRACTOR Map Stop A'ork 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 court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGMER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from O%kNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating- the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any suns finally determined to be duce, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 1 I and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the exterut that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if anv, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs9.10, 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 Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Ching Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it 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 or Sunday or orn a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EICDC OENERAL CONDITlOM 1910.8 (19" Edition) w/ CITY OF FORT COLLP S MODIFICATIONS (M14/2000) 17.2.2. A calendar day of twenty -Four hours measured from midnight to the. ne:d midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage, The provisions of this paragraph 17.3 shall not be airislnied as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Curnulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs6,12, 6.16, 6.30, 6.31, 6.32, 13.1, 13,12,13.14, 14.3 and 152 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 aril remedy to which they apply. Profeuionad Fees and Court Costs Included 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado apply to this Agreement Reference to two pertinent Colorado statutes are as fol loays: 17.6.2. If a claim is filed OWNER is required by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the pavment of all claims for labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 1) Substantial Completion: One Thousand Dollars ($1,000.00) for each working day or fraction thereof that expires after the Forty-five (45) consecutive 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: Two Million Two Hundred Thirteen Thousand Four Hundred Sixty -Three Dollars and Sixty Cents ($2.213.463.60), 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. EJCDC OENERAL CONDITIOAL41910-8 (19" Edtim) 34 wl aTY OF FORT COLUM MODIFICATIONS (REV 4it000) (This page left blank intentionally.) EICDC GENtRAL CONDITIONS 1910.8 (1990 Edtim) 35 wl CI TY OF FORT 0OLLINS MODIFICATIONS (REV V2000) 36 EJCDC GENTRAL COND171ONS 1910E 90 (19Edition) a/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (exeunt for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration prouxdings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written &-vision 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 American 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 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall anv 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 1910-5 (1990 Ecitian) wi CITY OF FORT COLLINS MODIFICATIONS (REV 9 99) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2, 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 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof; and it will not be subject to modification or appeal. 16 T OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agrcmhct shall not serve as arbitrator of such dispute unless otherwise agreed. GC -Al EJCDC GENERAL CONDITIONS 1910-8 (1990 Edtion) GC -AI wl CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: N/A Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: N/A SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Asphalt Surface Treatment Project - 2018 Renewal CONTRACTOR: A-1 Chipseal Company 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: DATE: Contractor's Representative ACCEPTED BY. - Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing DATE. - DATE: DATE: DATE: