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HomeMy WebLinkAbout497786 MARTIN MARIETTA MATERIALS - CONTRACT - BID - 8320 ASPHALT OVERLAY PROJECT (2)City of Fort Collins '0" �Purc�hasingg SPECIFICATIONS UK - Financial Services Purchasing Division 215 N. Mason St. 2"' Floor PO Box 580 Fort Col tins, CO 80522 970.221.6775 970.221,6707 fcgo r. com'purchasing CONTRACT DOCUMENTS 1 ASPHALT OVERLAY PROJECT - 2018 RENEWAL BID NO. 8320 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS and 3.3 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated Damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Dollars ($1,000) for each working day or fraction thereof after the date of Substantial Completion as provided in Section 3.2 above. 2) Final Acceptance: One Thousand Dollars ($1,000) for each working day or fraction thereof that after the date of Final Acceptance as provided in Section 3.3 above. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Five Million Two Hundred Eighteen Thousand Three Hundred Seventy -Nine Dollars and Eighty -Eight Cents ($5,218,379.88), 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 SECTION 01310 CONSTRUCTION SECHDULES 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION General Requirements - Page 6 of 17 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Owner will provide the construction surveying for the street and landscaping improvements. City Survey Crews will perform the surveying required. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 72 hours prior to requiring 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 notify the Engineer prior to concrete removal when property line markers are inscribed in the surface of the existing concrete, typically designated by "+" or "x" markings. The Contractor shall reinstall all existing property line markers in the surface of the new concrete. The Contractor may accurately offset the existing mark for reinstallation or may notify the City Survey Crews and request the offset location prior to removal of the concrete. If markers are removed without offsetting and reinstalling, the Contractor shall be responsible for all costs, including survey costs, associated with relocating and reinstalling the markers. 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 17 SECTION 01340 SHOP DRAWINGS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. 1. Project Manager will not accept Shop Drawings or other submittals from anyone but Contractor. B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Project Manager prior to the time set forth in the approved schedule will be reviewed at any time convenient to Project Manager before the time required by the schedule. C. Any need for more than one re -submission, or any other delay in obtaining Project Manager's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Project Manager to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Project Manager's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped by Contractor and properly marked by Project Manager, are at the site and available to workmen. F. Do not use Shop Drawings which do not bear Project Manager's mark "NO EXCEPTION TAKEN" in the performance of the Work. Review status designations listed on Project Manager's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN: Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Project Manager's notations. Contractor is to proceed with the Work in accordance with Project Manager's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. 3. REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. 4. FOR REFERENCE ONLY Signifies submittals which are for supplementary information only; pamphlets, general information sheets; catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Owner in design, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract Documents. Project Manager reviews such submittals for general information but not for substance. General Requirements - Page 8 of 17 SECTION 01340 SHOP DRAWINGS 1.2 SHOP DRAWINGS A. Include the following information as required to define each item proposed to be furnished. 1. Detailed installation drawings showing foundation details, and clearances required for construction. 2. Relation to adjacent or critical features of the Work or materials. 3. Field dimensions, clearly identified as such. 4. Applicable standards, such as ASTM or Federal Specification numbers. 5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructions, performance characteristics and capacities, and other information specified or necessary: a. For Project Manager to determine that the materials and equipment conform with the design concept and comply with the intent of the Contract Documents. b. For the proper erection, installation, and maintenance of the materials and equipment which Project Manager will review for general information but not for substance. c. For Project Manager to determine what supports, anchorages, structural details, connections and services are required for materials and equipment, and the effect on contiguous or related structures, materials and equipment. 6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable Project Manager to review the information effectively. B. Manufacturer's standard drawings, schematics and diagrams: 1. Delete information not applicable to the Work. 2. Supplement standard information to provide information specifically applicable to the Work. C. Format. 1. Present in a clear and thorough manner. 2. Minimum sheet size: 8 1/2" x I 1". 3. Clearly mark each copy to identify pertinent products and models. 4. Individually annotate standard drawings which are furnished, cross out items that do not apply, describe exactly which parts of the drawing apply to the equipment being furnished. 5. Individually annotate catalog sheets to identify applicable items. 6. Reproduction or copies of portions of Contract Documents: a. Not acceptable as complete fabrication or erection drawings. b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail drawings. 7. Clearly identify the following: a. Date of submission. b. Project title and number. c. Names of Contractor, Supplier and Manufacturer. d. Specification section number, specification article number for which items apply, intended use of item in the work, and equipment designation. e. Identify details by reference to sheet, detail, and schedule or room numbers shown in the Contract Documents. f. Deviations from Contract Documents. g. Revisions on re -submittals. h. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and the Contract Documents. General Requirements - Page 9 of 17 SECTION 01340 SHOP DRAWINGS 1.3 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 1. Shop Drawings. a. Three (3) copies minimum, two (2) copies which will be retained by Project Manager. 1.4 RE -SUBMISSION REQUIREMENTS A. Make corrections or changes required by Project Manager and resubmit until accepted. B. In writing call Project Manager's attention to deviations that the submittal may have from the Contract Documents. C. In writing call specific attention to revisions other than those called for by Project Manager on previous submissions. D. Shop Drawings. I. Include additional drawings that may be required to show essential details of any changes proposed by Contractor along with required wiring and piping layouts. END OF SECTION General Requirements -Page 10 of 17 SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as required for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval shall not be incorporated into the work. 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 standby time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Engineer 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of his subcontractors, to ensure conformance to the functional performance ofthis project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractors' control system shall specifically include all testing required by the various sections of these Specifications. General Requirements - Page 11 of 17 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 the Engineer weekly. END OF SECTION General Requirements - Page 12 of 17 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements - Page 13 of 17 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. f �►•1�1�b�1 [K�]'011 ":001 A. The contractor shall abide by the City of Fort Collins "Dust Control and Prevention 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 City limits. B. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. C. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual. General Requirements - Page 14 of 17 SECTION 01560 TEMPORARY CONTROLS 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the current "Larimer County Urban Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. 1.6 HAUL ROUTES The City reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. Asphalt material hauled in and out of the Martin Marietta Taft Hill Plant location is required to be hauled only to/from the north on Taft Hill Road to County Road 54G. END OF SECTION General Requirements - Page 15 of 17 remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00960. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer and/or Project Manager upon request, one current marked -up set of the drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered. B. These record drawings along with any survey records, photographs and written descriptions of said work as may be required by the Project Manager shall be submitted prior to project acceptance. END OF SECTION General Requirements - Pnge 16 of 17 SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the work. C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. END OF SECTION General Requirements - Page 17 of 17 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 0:[a] IIs)10 102 Bidding Requirements and Conditions 103 Award and Execution of Contract 104 Scope of Work 105 Control of Work 106 Control of Material 107 Legal Relations and Responsibility to Public 108 Prosecution and Progress 109 Measurement and Payment DIVISIONS 201 Clearing and Grubbing 202 Removal of Structures and Obstructions 203 Excavation and Embankment 208 Erosion Control 210 Reset Structures 306 Reconditioning 307 Lime Treated Subgrade 401 Plant Mix Pavements - General 403 Hot Mix Asphalt 420 Geosynthetics 626 Mobilization 627 Pavement Marking 630 Construction Zone Traffic Control REVISION OF SECTION 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. REVISION OF SECTION 103 AWARD AND EXECUTION OF CONTRACT Section 103 - AWARD AND EXECUTION OF CONTRACT - is hereby revised to include the following: This item is intended for use to represent the costs associated with the procurement of bonds as well as the year's mobilization. The costs associated with the procurement of bonds and the anticipated costs of Mobilization are to be combined and paid for as a proportionate lump sum item based on the schedule detailed below. Subsection 103.03 Requirement of Contract Bonds is hereby amended to include the following: BASIS OF PAYMENT Payments will be made under: Pay Item Unit 103.03 Bond Procurement and Mobilization Lump Sum The lump sum amount shall be paid for utilizing partial payments as outlined below: (1) Fifty (50%) percent of the lump sum item shall be paid upon the completion of twenty-five (25%) Percent of the total contract amount (2) Seventy -Five (75%) percent of the lump sum item shall be paid upon the completion of fifty (50%) percent of the total contract amount. (3) One -Hundred (100%) of the lump sum item shall be paid upon the completion of seventy-five (75%) percent of the total contract amount. The above prices and payments shall include full compensation for all expected mobilization costs and the costs associated with the procurement and maintenance of bonds. END OF SECTION REVISION OF SECTION 104 SCOPE OF WORK Section 104 — SCOPE OF WORK - is hereby revised to include the following: Subsection 104.04 —Maintaining Traffic — shall include the following. It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic; the street(s) shall be posted for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to the commencement of work and shall clearly show the type of work, date and times that the `NO PARKING' is in effect. (For example, if a street is to be patched on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., PATCHING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is opened to traffic and all clean up operations completed. "NO PARKING" signs may be placed, maintained, and removed by a representative of the Contractor, the Traffic Control Supervisor, or a Flagger. All information on the "NO PARKING" signs, with the exception of the type of work, date, and times shall be in block letters permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters in blue or black ink. The "NO PARKING" signs shall be in effect for one or two days only. In the event the Contractor deems it necessary to remove a vehicle that has not adhered to the "NO PARKING" notification, the Contractor shall first make every reasonable effort to locate and contact the owner of the vehicle. Should the Contractor be unable to locate the owner of the vehicle, the Contractor should notify the Engineer to arrange for any required towing. If the "NO PARKING" sign has been in place for a minimum of 24 hours, then the City will make every reasonable effort to remove the offending vehicle within four (4) hours of notification by the Contractor. The Contractor shall not be entitled to any additional compensation for delays associated with the towing of illegally parked vehicles. The Contractor shall have an approved Traffic Control Plan on site at all times. Traffic control signage on the construction site shall be set up in accordance with the approved traffic control plan and in accordance with the specifications. Work performed by the Contractor without an approved traffic control plan or when "NO PARKING" signs have not been placed as required by the specifications shall not be paid. The Contractor 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 under the guidance of the Traffic Control Supervisor • Traffic control signage not set up in accordance with the approved traffic control plans • Inadequate flagging personnel and/or traffic control devices The Engineer shall issue a written warning to the Contractor, Subcontractor, and/or Traffic Control Supervisor documenting the type of violation and the Engineer shall determine the deduction amount based on the Engineers' opinion of the infraction severity and the number of previous infractions. Upon issuance of the third violation, the Engineer may request the Subcontractor, Traffic Control Supervisor and/or flagging personnel be removed from the project. Removal from the project in which the violations were issued shall be in effect for the remainder of the year. The Contractor shall find replacement Traffic Control Subcontractor, TCS, and/or flagging personnel within two weeks of the third notice without an adjustment to contract price or working days or the Contract may be terminated and rebid. At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the REVISION OF SECTION 104 SCOPE OF WORK Engineer will meet to discuss the progress of the work and the placement of traffic control devices including "NO PARKING" signs. The quantity of traffic control devices used that day and for the next day shall be agreed upon by the Contractor and the Engineer. Any necessary adjustments shall be made. At this time the Contractor shall also review with the Engineer the proposed means of handling parking and traffic control for the upcoming work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of their work. The Contractor shall maintain access at all times to all businesses within the project and shall communicate their schedule 48 hours prior to work to all businesses and residents effected by their work. Any changes in the traffic control as directed by the Engineer including additional signs, barricades, and/or flaggers needed in the field shall be immediately implemented. Traffic Control costs including but not limited to furnishing equipment, equipment set up/removal/modification, TCS and Flagging personnel, vehicles, phones, notification delivery, hand signs, communication devices, sandbags, and all related incidental items required for traffic control under this contract shall be paid under Revision of Section 630, "Construction Zone Traffic Control". NO PARKING Wed JU1Y 2 7:00 a.m. - 6:00 p.m. PATCHING END OF SECTION REVISION OF SECTION 105 CONTROL OF WORK Section 105 — CONTROL OF WORK - is hereby revised to include the following: Subsection 105.01 - Authority of the Engineer - shall include the following: No phase of construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the Owner to stop work. During periods of Traffic Control non-compliance the work will be stopped and the Contractor may be assessed $1,000.00 per day, may forfeit payment of work and materials installed, and may lose contract working days as determined by the Owner. The Contractor shall not be entitled to compensation for delays associated with non- compliant periods. No construction shall commence until all utilities are located within the construction area per state law. The Contractor is responsible for identifying all utilities of concern and calling for appropriate locates. After contacting 811 to get locates, the Contractor may be required to call for clarification and/or additional locates, or may be required to contact the City of Fort Collins department associated with certain types of utilities. Due to the high demand of locate companies during the construction season, the City of Fort Collins recommends that the Contractor schedules a locate company at least one week in advance to minimize any possible delays. If the locate marks become expired then Contractor shall get an extension and request that the markings are redone and freshened up. If the Contractor does not have locates on a project scheduled to start work that day, the work shall be "stopped" and the Contractor shall be charged working days until that said marking is completed and work has commenced. Subsection 105.02 - Plans, Shop Drawings, Working Drawings, Other Submittals, and Construction Drawings - shall be amended to include the following: The Contractor shall furnish the required submittals in TABLE 105-1 one week before the commencement of work. Three (3) copies shall be furnished to the Engineer, two (2) copies will be returned to the Contractor upon approval. Submittals shall not be measured and paid for separately but shall be considered incidental to the work. TABLE 105-1 SUMMARY OF CONTRACTOR SUBMITTALS Section No. Description Approval Needed Reoccurring 105.10 Contractor Management Packet — Environmental Management System Yes No 108.03 Project Schedule Yes Yes 203.05 Borrow Material Gradation Yes Yes 208.02 Erosion Control Devices Yes No 208.04 Storm Water Management Plan Yes Yes 208.06 Spill Kit: List of items included within kit Yes No 304.02 Aggregate Base Course/Recycled Concrete Soil Analysis Yes No 401.02 Warm and/or Hot Mix Specifications Yes No 401.02 RAP stockpile testing and Gradation Yes No 630.00 Traffic Control Plans — Submitted to Traffic Operations Yes Yes 630.11 TCS Qualifications (reoccurs when TCS and flaggers change) Yes No Subsection 105.09 - Coordination of Plans, Specifications, Supplemental Specifications, and Special Provisions - shall have the second paragraph removed and replaced as follows: In case of discrepancy the order of precedence is as follows: (a) Contract Agreement (b) Revisions to CDOT Standard Specifications (Project Special Provisions) (d) Standard Special Provisions (e) General Conditions (f) CDOT Standard Specifications for Road and Bridge Construction REVISION OF SECTION 105 CONTROL OF WORK (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 2 sets of contract documents" Subsection 105.10 — Cooperation by Contractor - shall be revised to include the following: The City of Fort Collins is committed to comply with the United States Environmental Protection Agency (EPA) and the Streets Department Environmental Management System (EMS) requirements that vehicles on City projects shall comply with the "Anti -Idling Policy" to reduce environmental impacts related to construction. Contractors and Subcontractors shall comply with turning off vehicles and equipment instead of idling for long periods (more than thirty (30) seconds after stopping at destination and/or not more than five (5) minutes aggregated within sixty (60) minutes). Exceptions for powering auxiliary equipment and for safety or health emergencies are allowed. The Contractor shall submit the Contractor Management Packet in accordance with Table 105-1 Summary of Contract Submittals Subsection 105.11 — Cooperation with Utilities - shall include the following: The Contractor shall coordinate with all utilities well enough in advance that utility improvements do not delay the Contractor's work. City Utilities, Parks, Traffic, Streets, concrete and utility contractors may perform work related to the project within or near the limits of this project. The Contractor shall conduct the Work without interfering or hindering the progress or completion of the work being performed by other contractors. The Contractor shall coordinate extensively with these entities to minimize traffic control and scheduling conflicts, and ensure timely completion of all the work. Reconstruction operations and/or concrete construction at intersections may involve the destruction and replacement of traffic signal loop detectors. The existing traffic signal loop detectors shall be removed by the Contractor at no additional cost as directed by the Engineer. The installations of new traffic signal identification devices shall be in place in prior to any opening of the roadways to traffic, unless approved by the Engineer. Subsection 105.12 — Cooperation Between Contractors - shall be removed and replaced with the following: The City, County, CDOT, and local utilities including but not limited to Xcel Energy, Comcast and CenturyLink may contract for and perform other or additional work on or near the Work of the project. When separate contracts are let within the limits of the project, each Contractor 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: 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 REVISION OF SECTION 105 CONTROL OF WORK Phone:(970)221-6815 Email: smireles ,fc og 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: bsorenson a,fc og v.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. The City will remove and install all permanent signing. City Signing and Striping Contact: Rich Brewbaker Phone: 970-221-6792 Email: rbrewbaker@fcgov.com The Contractor is responsible for removal of pavement markings and installation and maintenance of temporary pavement markings necessary to control traffic during construction. Contractor shall remove the existing pavement markings and symbols with a water blast truck approved by the City Traffic Department. The installation and maintenance of temporary pavement markings shall be paid for in accordance with what is outlined in section 627. The Contractor shall coordinate with the City Traffic Engineer to schedule permanent signing and striping work in conjunction with other project activities. Full -compliance pavement markings in accordance with Section 627 shall be in place prior to opening the roadway to traffic. The Contractor shall cooperate with the City Traffic Department in their removal and installation operations so that progress is expedited, duplication of work is minimized, and impacts to traffic are minimized. Street Light Coordination City Light and Power Crews will remove and install all street lighting and associated electric utilities for the project. City Light and Power Contact: Luke Unruh Phone: (970) 416-2724 Email: lunruhAfcgov. 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 his future construction operations to facilitate scheduling of or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are in or orated herein by this reference. 7t2 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 N/A to N/A, 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. REVISION OF SECTION 105 CONTROL OF WORK required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Added cost to inspect/test work due to lack of adequate notice will be deducted from Contractor pay. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. Subsection 105.19 — Maintenance during Construction - shall include the following: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area not be cleaned after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work and shall be in accordance with the most recent Dust Prevention and Control Manual located in Section 4000 of the contract documents. The Contractor shall maintain the streets during the construction process as described above. Upon completion of the work, the Contractor shall meet with the Engineer to confirm that the cleaning of the job site has been performed to City expectations and contractual obligations. All cost of maintaining the work during construction and before the project is accepted will not be measured and paid for separately, but shall be included in the work. Subsection 105.22 — Dispute Resolution - shall be revised to include the following: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. END OF SECTION REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106 — CONTROL OF MATERIAL - of the Standard Specifications shall be revised to include the following: Subsection 106.03 — Samples, Tests, Cited Specification - shall include the following: The City of Fort Collins will be responsible for all expenses associated with Quality Assurance (QA) testing.. The Contractor shall be responsible for all Process Control (PC) testing costs. Test frequencies shall be in accordance with the project specifications, CDOT Field Materials Manual and the approved Process Control Plan (PCP). END OF SECTION REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITV TO PUBLIC Section 107 — LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC - is hereby revised as follows: Subsection 107.02 — Permits, Licenses, and Taxes - shall include the following: Unless otherwise specified, the Contractor shall procure all required permits and licenses; pay all charges, fees, and taxes, including permits procured for this project by others; and give all notices necessary and incidental to the due and lawful prosecution of the work. The costs of these permits will not be paid for separately, but shall be included in the work. Prior to beginning work, the Contractor shall furnish the Engineer with a written list of all permits required for the proper completion of the contract. The list shall clearly identify the types of permits that must be obtained before work on any particular phase or phases of work can be started. Copies of the fully executed permits shall be furnished to the Engineer upon request. The Contractor shall comply with all applicable federal and state laws, orders, and regulations concerning the control and abatement of water and air pollution. The Contractor shall comply with the permits (or permit applications if in progress) even if they have not yet been finalized at the time of construction. Subsection 107.06 — Safety, Health, and Sanitation Provisions - shall be amended to include the following: Personnel on Street Maintenance Program (SMP) projects shall use protective equipment prescribed by Local, State, and Federal safety regulations to control or eliminate hazards or exposure to illness or injury. The Contractor and Subcontractors are responsible for providing and insuring the use of the required Personal Protective Equipment (PPE). Only Personal Protective Equipment complying with the Occupational Safety and Health Administration (OSHA) or American National Standards Institute (ANSI) regulations shall be used. The Contractor shall be responsible for the compliance of their employees and the Subcontractor's employees. The Contractor's safety representative shall make regular field inspections to audit and document compliance. An employee of the Contractor or Subcontractor who refuses to use the prescribed protective equipment designed to protect him/her or willfully damages such equipment constitutes cause for the Engineer to request removal of the employee from the site. The Contractor's personnel shall be required to wear safety vests, hearing protection, safety glasses, hard hats, and steel toe boots while on the construction site(s). Subsection 107.12 — Protection and Restoration of Property and Landscape - shall include the following: The Contractor shall limit his work operations to within public right-of-way, permanent utility easements and temporary construction easements. The Contractor shall fence specific areas of vegetation to be protected in the field as shown in the plans or as directed by the Engineer. All construction operations must be performed in such a manner which will avoid protected trees and landscape areas. The Contractor shall perform all the work in such a manner that results in the least environmental damage. The Contractor shall clearly mark the vegetation protection areas and all construction/demolition limits in the field before commencing demolition operations. Limits of construction are generally defined as the limits of demolition. The fact that any underground facility - sprinkler systems, utility services, etc. - is not shown on the plans, details or construction documents shall not relieve the Contractor of his/her responsibilities as provided for in the Contract. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such underground improvements which may be subject to such damage by reason of his operations. Any pruning of vegetation shall require the written permission of the property owner and/or the Engineer. REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC If the area of damaged landscape adjacent to a street repair is ten (10) inches or less in width, the Contractor shall clean the said area of all construction debris (i.e. asphalt, road base, etc.). The area shall be prepared with vertical edges and the entire damaged area shall be removed to a minimum depth of four (4) inches. The Contractor shall then place city approved topsoil, seed, and compact the area using a hand roller or another method approved by the Engineer. If the area of damaged landscape adjacent to a street repair is ten (10) inches or more in width and more than twelve inches in length, the Contractor shall prepare the damaged area as stated above to a minimum of one (1) foot wide. Once this has been completed, the Contractor shall place sod over the prepared area, water once, and notify the property owner in writing of the nature of the work that has occurred, including the Contractor's obligation to water only once. The Contractor shall make every effort to minimize the need for sod placement. The placement of shouldering backfill and/or top soil for asphalt repair locations shall be completed within two (2) working days of the placement of the final asphalt surface course. Excavated soils from the repair locations (if approved by the Engineer) may be stockpiled on site and used as backfill for subgrade below the new Asphaltic Concrete installation below the top four (4) inches. Topsoil shall consist of loose friable river bottom or farmland loam, reasonably free of manmade materials subsoil, refuse, stumps, roots, rocks, brush, weeds, noxious weed seeds, heavy clay, hard clods, trash, toxic substances, or other material which would be detrimental to the proper development of vegetative growth. Topsoil shall have 100% passing the 1/4" screen and shall contain a combination of sand, clay, and friable loam. The Contractor shall submit a soil analysis or sample for approval by the Engineer. The topsoil shall be in a relatively dry state but shall contain sufficient moisture to allow compaction and shall be placed during dry weather. The topsoil shall be fine graded to eliminate rough and low areas and ensure positive drainage. The existing levels, profiles, and contours shall be maintained. Sprinkler systems - Sprinkler systems designated for relocation shall be capped off at the limits of construction and protected from damage by the Contractor. Sprinkler heads shall be salvaged and stockpiled on each property for use when reconstructing the sprinkler systems. Sprinkler systems damaged outside of the construction limits as a result of construction operations shall be replaced at the Contractor's expense within three (3) working days from the date of damage. All landscaping that is damaged due to construction operations shall be replaced by the Contractor at his/her expense unless a written waiver is obtained from the property owner and submitted to the Engineer. All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work and no measurement or payment shall be made separately for the protection and restoration of landscaping and lawns. In areas where the Engineer directs new work or the reconstruction area requires grade adjustment, the placement of topsoil, sod, and sprinkler relocation will be provided by the City under separate contract. All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground facilities shall be considered incidental to the Work and shall not be measured and paid for separately. Subsection 107.18 is hereby removed and revised to include the following: For this project, all insurance certificates shall name the City of Fort Collins as an additionally insured party. If any project areas extend into Colorado Department of Transportation (CDOT) right of way, they will also be named on the insurance certificate as additionally insured. For this project, insurance coverage shall meet the requirements and limits per CDOT Standard Specifications and Revision of Section 107.15 Responsibility for Damage Claims, Insurance Types and Coverage Limits. In case of a conflict between the REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC City's General Contract Conditions and MOT Standard Specifications, the more stringent of the two shall apply. Subsection 107.25 — Water Quality Control (c) - is hereby revised to include the following: All work associated with preparing, securing and concurring with the required permits (refer to Revision of Subsection 107.02) will not be measured and paid for separately, but shall be included in the work. END OF SECTION REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 — PROSECUTION AND PROGRESS - is hereby revised as follows: Subsection 108.03 - Schedule - shall include the following: A schedule of work must be submitted prior to starting work and shall include the number of working days per area to complete all work items covered by the contract but shall not exceed the allotted number of contract working days. Location of vicinity maps are referenced in Section 03500, Project Maps. The schedule should take any priorities into consideration and include projected start and/or end dates for each area. Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above. The contractor may utilize as many crews as necessary to complete the work within their contract. If the Contractor choses to perform work on two (2) separate projects at once, the Contractor shall provide two (2) separate crews to perform the work unless otherwise approved by the Engineer. . Subsection 108.05 — Limitation of Operations - shall include the following: The work shall be completed within the following calendar months: MMM=FMMMMMMM , I i� q p la3t e' I�q Subsection 108.08 — Determination and Extension of Contract Time - shall include the following: Work hours shall be 7:00 a.m. to 6:00 p.m., Monday through Friday, or as approved by the Engineer or restricted by the Traffic Department on the approved Traffic Control Plan. All Work identified within this contract is to be completed within one hundred and fifty (150) consecutive working days during the months of April through November. If work is required prior to the overlay and is completed under separate contract, the Engineer will notify the Contractor that the area is completed. The Contractor shall then mobilize to the area within five (5) working days after receiving notification of its accessibility for arterial streets and within eight (8) working days after receiving notification of its accessibility for collector and residential streets. Subsection 108.09- Failure to Complete Work on Time - shall include the following: Failure to mobilize to an area within days specified, or fully fulfill the project needs indicated within these contract documents in one hundred and fifty (150) consecutive working days, shall result in liquidated damages assessed against the Contractor. At the City's option, liquidated damages in the amount of $1,000.00 per day may be retained from any monies due the Contractor, or the City may retain an additional Contractor(s) to complete the work, or portion thereof, and retain any costs incurred above and beyond the bid prices of the Contractor for the project area/s from any monies due the Contractor in lieu of liquidated damages. END OF Sl CTIO�' REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 — CLEARING AND GRUBBING - is hereby revised as follows: CONSTRUCTION REQUIREMENTS The following sentence in subsection 201.02 shall be removed: "Branches of trees extending over the roadbed shall be trimmed to give a clear height of 20 ft. above the roadbed surface." Subsection 201.02 shall be revised to include the following: "Branches of trees and shrubs shall be trimmed to 14 feet above the road. When tree roots are encountered during construction operations, the Contractor shall notify the Engineer prior to root removal. The Engineer and the City Forester's representative shall then make a determination regarding removal. When it is apparent that the tree roots have heaved the -asphalt section, the Contractor shall remove the section(s) of asphalt as early as possible to allow time for inspection and to schedule root grinding operations, under separate contract. Root grinding will be scheduled as soon as possible to minimize delays in construction. Delays to planned work due to root grinding shall not be considered for additional traffic control payment or traditional days added to the total contract working days but shall be anticipated in the Contractor's schedule. Where it is anticipated that tree roots may be encountered, great care shall be taken by the Contractor to prevent any damage to the roots with tools or equipment. Damage to roots during concrete removal shall be trimmed and cut with a sharpened, sanitized saw, cut orthogonally to its longitudinal axis as closely as practical, to leave the freshly cut root surface in a clean and smooth condition. Axes or other blunt objects shall not be used to cut tree roots. BASIS OF PAYMENT Subsection 201.04 shall be amended to include the following: All costs for removing tree roots and branches shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work, and no measurement or payment shall be made separately for the removals. END OF SECTION REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 — REMOVAL OF STRUCTURES AND OBSTRUCTIONS - is hereby revised as follows: DESCRIPTION Subsection 202.01 shall include the following: The intent of this specification is to specify materials and methods for the planing of existing pavement sections to remove the pavement to a specified depth, the removal and disposition of the ground material, and the preparation of the surface of the base material disturbed by the planing process. All workmanship and materials shall be in accordance with these specifications. CONSTRUCTION REQUIREMENTS Subsection 202.02 — General - shall include the following: All areas marked for patching adjacent to new concrete installations within areas marked for planing operations shall be patched prior to the commencement of the planing. Subsection 202.09 — Removal of Asphalt Mat (Planing) - shall include the following: The Contractor shall provide a smooth surface suitable for the installation of new pavement to follow. The finished surface shall be free from ruts, grooves, ridges, soot, oil film and other imperfections of workmanship. The completed ground surface shall have a uniform textured appearance. It is the intent of this specification that the finished cross section of the roadway will be improved to eliminate excessive crown, excessive lips at the gutter pan areas and that the overall ride quality of the roadway section will be improved. The existing pavement shall be planed to the depth specified. Allowable tolerance for the pavement removal shall be f'/o" from the specified depth. In areas where the planing process disturbs the existing subgrade/base course, the Contractor shall utilize a rubber tired roller to re -compact the sub-grade/base surface. This item will not be measured and paid for separately but shall be included in the price for Removal of Structures and Obstructions (Planing/Surface Preparation). If, in the opinion of the Engineer, the subgrade material/base course is unsuitable and will require ripping and re - compaction, the Engineer will direct the Contractor to perform the work in accordance with this specification, Section 203, "Excavation and Embankment". The method of work and payment are covered in the appropriate specification. Stockpiling of ground materials or cuttings shall not be permitted on the project site. All ground materials shall become the property of the City of Fort Collins and shall be delivered by the Contractor to the City's site at 1380 Hoffman Mill Road during regular business hours. At times when materials need to be delivered outside of regular business hours, the Contractor shall inform and get permission from the Engineer and arrange for a key to the facility. The equipment shall be capable of accurately and automatically establishing a finish profile grade along each edge of the machine within f '/<" of the specified depth The machine shall be equipped with a means to control the dust created by the cutting action and shall meet or exceed all local, state and federal air pollution laws and comply with the Dust Prevention and Control Manual located in section 4000 of the contract documents. A skid -steer style planer attachment or approved equal shall be used by the Contractor to perform the planing operation with an approximate width of two (2') feet. The equipment shall be self-propelled with sufficient power, traction, and stability to maintain adequate depth of cut and slope. The Contractor shall also provide adequate backup equipment (milling teeth, mechanical street sweepers, loaders, water truck, etc.) and adequate personnel shall be provided to insure that all cuttings are removed from the roadway daily, unless otherwise directed by the Engineer. REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS In the event that the ground section is not paved back the same day as the planing, the Contractor shall provide access to the residents as directed by the Engineer. Access shall include the installation of temporary paper wedges/ramps for any/all locations that are identified as pedestrian access points, business access driveways, or as directed by the Engineer. The temporary wedges shall be installed as six inches horizontally to a one inch vertical rise (6:1 ratio) or a twelve inch horizontal to a one inch vertical rise (12:1 ratio), as directed by the Engineer. Special access shall be maintained for all citizens requesting special needs of access throughout the project. Driveways shall be ramped if the asphalt is below 2 inches along the curb prior to the release of traffic. Any structure raised over two (2) inches in an area accessible to traffic prior to the top surface overlay, must be approved by the Engineer and identified by additional traffic control devices prior to the release of traffic. For Collector and Residential streets, the allowable taper shall not be greater than one half inch vertical rise per six (6) inch distance from the structure. The Engineer may consider the use of temporary rubber shim tapers on a case by case basis. For Arterial streets, the taper shall be as directed by the Engineer depending on the situation. The Engineer shall require that the pavement planing operation be referenced from an independent grade control in those areas where the existing curb and gutter or roadway surfaces have deteriorated. In the event that the entire pavement width along a section of roadway has not been Planed to a uniform surface by the end of the work period resulting in a vertical longitudinal face exceeding one inch (V) in height, this longitudinal face shall be sloped in a manner acceptable to the Engineer so as not to create a hazard to traffic using the roadway during periods when the construction is not in progress. Traffic Control devices may be used in lieu of taper installation as approved by the Engineer. Acceptable Transverse faces that are present at the end of the working period shall be tapered at a 6:1 ratio (six (6") inches horizontally for each one (1") inch of vertical drop.) The full size (50-inch drum or greater) planing machine shall not be operated within the close proximity to manholes, inlets, valve boxes and other obstructions that have not been lowered to avoid damage to these structures. (See Revision of Section 210 — Reset Structures for requirements for referencing structures during construction.) The approaches to and from these structures shall be tapered to allow a smooth transition over these structures to accommodate traffic flow over the manhole, valve box or other obstruction. Where equipment comes into contact with tree branches and other plant material, the Contractor shall exercise suitable caution to avoid damage to all trees, shrubs, and other plant material. All trimming shall be performed by a licensed arborist previously approved by the City Forestry Division and under the direction of the Engineer METHOD OF MEASUREMENT Subsection 202.11 shall be revised to include the following: The accepted quantities of Planing and Surface Preparation will be paid for at the contract unit price per square yard including haul. All curbs, gutters and other surfaces shall be cleaned of all debris and left in a neat and presentable condition at the end of each working day. It shall be the responsibility of the Contractor to maintain the jobsite until subsequent courses have been placed. Taper Planing shall consist of cold milling along the gutter at a depth specified by the Engineer, tapered to a depth on the other side of the mill of zero inches (0"). The width for Taper Planing shall be primarily six (6) feet. Taper Planing shall be paid at the contract unit price per lineal foot. The intent of line item 202.05 "Planing Support — Labor, Equipment, Materials" is to capture all of the costs associated with typical planing operations with the exception of the actual planning machine and the operators working directly with that said machine. All of these costs shall be paid for as a single hourly rate under line item 202.50. The placement and removal of asphalt ramps shall be paid for under line item "403.07 — HMA S 75/100 Hand Patching — Remove and Replace." Item 403.07 is paid for by the Ton used. No payment shall be made for ramps made with any other material (i.e. Asphalt millings, dirt, etc.) BASIS OF PAYMENT REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Subsection 202.12 is revised to include the following: Payment will be made under: Pay Item Pay Unit 202.01 Planing and Surface Preparation: Depth < or = 3" (Min Drum Width 70") Square Yard 202.02 Planing and Surface Preparation: Depth > 3 and < or = 5" (Min Drum Width 70") Sq=eYard 202.03 Planing and Surface Preparation: Depth > 5" and < or = 10" (Min Drum Width 70") SquaeYad 202.04 Taper Planing Adjacent to Gutter — Min Drum Width 70" LiealFoot 202.05 Milling Support — Labor, Equipment, Materials Hour 202.06 Skid -Steer Style Milling < or = 3" — Drum Width 18-24" SWwYard 202.07 Skid -Steer Style Milling — Additional Inch Square Yard —Inch 202.08 Additional Saw cutting of asphalt — Min Depth 3" LInealFoot The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work involved in Planing and Surface Preparation, complete -in -place, including haul, as shown on these plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNER: CITY OF FORT COLLINS DA RY,4ITY MANAGER GERRY PAUL PURCHASING DIRECTOR Date: S� Attest: City rk Address for giving notices: P. O. Box 580 0i FORTCo Fort Collins, CO 80522 �;. ••.yN Approved as to Form ;SEAL cOL0 Ass' tant City Attorney II CONTRACTOR: MARTIN MARIETTA MATERIALS INC By: 1A C** " L' C. Howard PRINTED Title: President & CEO Date: 04 / 26 / 2018 (CORPORATE SEAL) Attest�Patrese ' !2S E. Yaibroughd Address for giving notices: 1800 N. Taft Hill Rd. Fort Collins, Co. 80521 License No.: CL 1433 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 — EXCAVATION AND EMBANKMENT - is hereby revised as follows: DESCRIPTION Subsection 203.01 — General - shall be removed and replaced with the following: This work shall consist of removing and disposing of the existing pavement, base or other soil material, preparing the subgrade for the subsequent course, and placing borrow in accordance with the specifications and in reasonably close conformity with the lines, grades, and typical cross sections shown on the plans or as designated by the Engineer. All excavation will be classified, "General Excavation", "Muck Excavation", as hereafter described. The Contractor shall dispose of all excavated material off -site in an environmentally responsible manner. Subsection 203.02 — Excavation Definitions - shall be removed and replaced with the following: General Excavation shall be accomplished in the following manner: The pavement areas to be removed will be marked on the surface by the Engineer with paint. A straight vertical cut shall be made through the pavement to provide a square or rectangular opening, such that each edge will be parallel or at right angles to the direction of traffic. Wheel cutting, ripping, and tearing of asphalt using construction equipment such as a grader (blade) shall not be allowed. After the material has been removed to the depth specified by the Engineer, the Contractor shall prepare the subgrade by compacting with a pad foot roller, rubber tired roller and/or other compaction equipment as approved by the Engineer. The subgrade preparation shall not be measured and paid for separately, but shall be included in the contract unit price for General Excavation. (c) Muck Excavation shall be accomplished in the following manner: Where excavation to the finished grade section (including General Excavation and Patching) results in a subgrade of unsuitable soil, the Engineer may require the Contractor to remove the unsuitable materials and backfill to the finished grade section with approved material (asphalt or borrow). After the material has been removed to the depth specified by the Engineer, the Contractor shall prepare the subgrade with a pad foot roller, rubber tired roller, vibratory plate, steel drum roller, and/or other compaction equipment as approved by the Engineer. The subgrade preparation shall not be measured and paid for separately but shall be included in the contract unit price for Muck Excavation. (e) Borrow shall be accomplished in the following manner: Borrow material shall meet the grading requirement for Class 1 (Pit Run) or Class 5 through 7 (Road Base) Aggregate Base Course. (The Class 1 Aggregate Base Course does not need to be crushed and can be of the pit run variety provided it falls within the gradation requirements as shown in CDOT table 703-3.) The material required for a specific location shall be directed by the Engineer. Borrow shall be placed as directed by the Engineer. The minimum amount of borrow shall be one load (approximately ten (10) tons). The cost for water conditioning for compaction shall be included in the contract unit price for Borrow. Borrow (shouldering) shall consist of/4" minus crushed recycled asphalt material placed to daylight the newly paved shoulder to existing grade over a five (5) foot length with a maximum depth of four (4) inches. Payment shall include material, haul, placement, trim, compaction, and clean-up. REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT 1013VI II s] 1XI] HatWEVI ttpl'1W" Subsection 203.11 shall include the following: (a) General Excavation shall consist of the excavation and disposal off site or use on site of all materials of whatever character required for the work not being removed under some other item. Muck Excavation shall consist of the removal of unstable soils unsuitable for construction not being removed under some other item. The Contractor and the Engineer shall field measure and agree upon the excavated quantity before any further work continues. Should the Contractor fail to request the Engineer to measure any work and perform other work that would prevent the Engineer from measuring pay quantities, the Contractor shall not be compensated for materials not measured by the Engineer. The accepted quantities of Excavation will be paid for at the contract unit price per cubic yard. Subgrade preparation, haul and disposal will not be measured and paid for separately. The accepted quantities of Borrow shall be paid for at the contract unit price per ton. Compaction and haul will not be measured and paid for separately. BASIS OF PAYMENT Subsection 203.12 shall include the following: Payment will be made under: Pa Item tem Unit 203.01 General Excavation —Less Than 100 CY Cubic Yard 203.02 General Excavation —Over 100 CY Cubic Yard 203.03 Muck Excavation Cubic Yard 203.04 Borrow (Complete in Place) — Less Than 100 Ton Ton 203.05 Borrow (Complete in Place) — Over 100 Ton Ton 203.06 Borrow (Shouldering - Complete in Place) 3/4" Minus RAP Lineal Foot The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all the work involved in Excavation and Borrow including haul, stockpiling, placing material, watering or drying soil, compaction, proof rolling, finish grading and disposal of unusable materials, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION REVISION OF SECTION 208 EROSION CONTROL Section 208 — EROSION CONTROL - is hereby revised as follows: DESCRIPTION Subsection 208.01 shall be revised as follows: This work shall consist of constructing, installing, maintaining, and removing when required, erosion control measures during the life of the Contract and at a minimum at all inlets to prevent or minimize erosion, sedimentation, and pollution of any waterways. Work shall be in accordance with the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition), The City of Fort Collins Urban Drainage and Flood Control District Urban Drainage Criteria Manual, and the City of Fort Collins Environmental Standard Operating Procedures contained herein, Section 04000. Any loss of time or materials related to erosion and erosion control shall be the sole responsibility of the Contractor. Any damage to surrounding properties or facilities (either onsite or offsite) related to erosion caused by construction of this project, will be the sole responsibility of the Contractor luI.1%Il04R". Try Subsection 208.02 shall be revised to include the following: Contractor shall submit the type of material to be used for erosion control measures prior to beginning the work. See Details Section 03000 contained herein. 1. Inlet protection shall include sufficient length to protect around the perimeter of the inlet opening. 2. Erosion control devices around inlets near a load site shall be required. 3. Erosion control devices on the downstream side of an aggregate stockpile or truck washout area shall be required. Recycled Rubber Inlet Protection shall meet the following requirements: 1. Infill material: Shredded recycled rubber 2. Weight: approximately 10 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. CONSTRUCTION REQUIREMENTS Subsection 208.03 — Project Review, Schedule, and Erosion Control Management - shall be revised as follows: All erosion control measures must be installed prior to starting work. It shall be the responsibility of the Contractor to ensure that all roadways near the project are kept clean of construction debris and sediment. Maintenance The Contractor shall continuously maintain all erosion and sediment control features so that they function properly during site construction. All inlet protection devices shall be inspected and repairs made after each runoff event. Sediments shall be removed when one half the design depths has been filled. Sediments shall also be removed immediately from the traveled way of roads and disposed of properly. REVISION OF SECTION 208 EROSION CONTROL Subsection 208.04 — Best Management Practices for Stormwater - shall be amended to include the following: The Erosion Control Supervisor (ECS) is responsible for paperwork including completion of a Stormwater Management Plan (SWMP) in the submittal process, 14 calendar day inspections, and post storm inspection shall be conducted within 12 hours following a storm event. On the 14 day inspection the ECS should use the project mapping in Appendix B of the SWMP to record any modifications of the sediment control system or maintenance actions taken. If a storm occurs, the post storm is equivalent to a 14 day inspection, and the next inspection would occur 14 days after the last storm. ECS should make daily inspections of erosion control features on the job to ensure compliance and correct the control features when needed. A daily inspection is not required the day of a 14 calendar day inspection. 14 day inspections will be paid upon submission and Engineer determines that the Contractor has been compliant with SWMP best practices. Subsection 208.06 - Materials Handling and Spill Prevention - shall be amended to include the following: Appropriate Spill Kits shall be onsite with each piece of equipment at all times during installation of the Work and during equipment maintenance and Fueling (see Section 04000 ESOP). The Contractor shall submit a description of the items contained in each Spill Kit for approval by the Engineer. METHOD OF MEASUREMENT Subsection 208.11 is revised to include the following: Payment for Wattles (rock bags and recycled rubber bags) shall be made by the lineal foot for inlet protection at each location as required and accepted by the Engineer. The length shall be sufficient to protect the opening and sides of the inlet grate. A maximum of four (4') lineal foot additional to the opening width shall be paid. Excessive lengths shall not be paid. When a protection device is installed at a new location, whether the protection device is new or has been relocated, an additional lineal foot payment will be made for the protection of the location. Devices that become non-functional during construction shall not be paid. A protection device shall be installed at load sites and on the downstream side of stockpiles, base piles, and truck washout areas, or as directed by the Engineer and shall not be measured and paid for separately. Excavation required for removal of accumulated sediment from traps, basins, and other clean out excavation of accumulated sediment, and the proper disposal of sediment, shall be considered incidental to the work and not be measured and paid separately. All construction material that enters an inlet due to the Work shall be removed from the inlet interior and removed from the site to an approved disposal location. This work shall not be measured and paid for separately. Street sweeping will not be measured or paid for separately but shall be incidental to the work. Erosion control measures used during saw cutting are considered incidental to all saw cutting operations and shall not be paid for separately. REVISION OF SECTION 208 EROSION CONTROL BASIS OF PAYMENT Subsection 208.12 is revised to include the following: Payment will be made under: Pay Item Unit Units 208.01 Rock Wattle Lineal Foot 208.02 Crumb Rubber Wattle Lineal Foot 208.03 Silt Fence Lineal Foot The prices and payments for erosion control devices shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in installing, maintaining, removing, and relocating when required, erosion control measures, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION REVISION OF SECTION 210 RESET STRUCTURES Section 210 — RESET STRUCTURES - is hereby revised as follows: CONSTRUCTION REQUIREMENTS Subsection 210.02 — General - is revised to include the following: Manholes, valve boxes, meter boxes, and all other similar structures located in the pavement shall be adjusted as noted below. Prior to beginning any construction on existing streets that will receive reconstruction and/or overlay, the Contractor shall mark on the curb and gutter with paint the location of all existing structures. These markings shall be maintained by the Contractor until the work has been completed and accepted by the Engineer. The Contractor shall do all work needed to ensure that said structures can be readily adjusted and shall have all necessary materials on hand prior to commencing the work. Contractor shall verify that manholes and valve boxes can be adjusted prior to the overlay. In the event they cannot be adjusted to final grade, or properly fitted with rings, the Contractor shall excavate and adjust prior to the overlay as noted below. In locations where a structure to be adjusted is surrounded by a concrete collar, the concrete collar shall be removed and replaced with Hot Mix Asphalt (HMA). HMA Grading S shall be used in all locations All Patching shall be performed with HMA Grading S unless otherwise directed by the Engineer. In locations where curbside patching is being performed prior to a scheduled milling operation, the Contractor shall leave the patches one to one and a half inches ( 1 to 1 ''/z") below the toe of the concrete unless directed otherwise by the Engineer. Pavement removal (concrete or asphalt) and placement of Asphalt material (Hot Mix Asphalt) utilized for structure adjustment, including S, and SX, shall be paid for under the contract unit price for "Hand Patching." Subsection 210.10 — Adjust Structure - is revised to include the following: The Engineer shall determine the method of adjustment for each structure. Valve boxes shall be adjusted by one of the following methods: 1. Adjust by removing the existing pavement (concrete or asphalt) if needed, adjusting the valve by turning it to the proper grade (heating the valve riser is acceptable, do not burn the asphalt), trimming the existing asphalt by cutting vertical edges, then spreading and mechanically compacting asphalt material. This item will be measured and paid for separately under "Adjust Valve Box", not including bituminous material. The Contractor shall be responsible for cost to remove debris dropped down the valve riser column during adjustments. 2. If the valve box cannot be turned up or can be turned up, but not sufficiently to achieve the proper grade or if the top section of valve box is in poor condition, the Contractor shall excavate around the top section of the valve box, and remove and replace the top section with a longer section. The top section part will be measured and paid for separately under the terms of this Contract. The excavation shall then be back filled with Non -Shrink backfill to the top of subgrade, and then material of the same grade and quality as the adjacent pavement shall be placed. Flowfill installation may be modified by the Engineer. A mix design for Non -Shrink backfill shall be submitted and approved prior to starting work. These items shall be measured and paid for separately under "Adjust and Replace Top Section of Valve Box", not including the top section part or bituminous material. Non -Shrink backfill -- also called Flowable Fill or Unshrinkable Fill -- shall be a Portland Cement Concrete Mix. The cement shall conform to the Standard Specifications for Portland Cement, ASTM C 150-85, Type I/II. The minimum 24 hour strength shall be 10 psi and the maximum 28 day strength shall be 60 psi. The maximum aggregate size shall be one inch (1"). The minimum slump shall be six inches (6") and the maximum, eight inches (8"). The non -shrink backfill shall be consolidated with a mechanical REVISION OF SECTION 210 RESET STRUCTURES vibrator. 3. Adjust with adjusting rings or Screw Type Adjustable Risers. These items will be measured and paid for under "Adjust Valve Box with Ring" or "Adjust Valve Box -Tyler 6860 Series, Item R 69, Screw Type Adjustable Riser", including material (parts). All valve boxes in the roads shall be adjusted to three -eighths inch (3/8") to one-half inch (1/2") below the pavement The Contractor shall exercise reasonable care while attempting to adjust the valve boxes. if the Contractor is negligent and breaks the valve box, said valve box shall be replaced at the Contractor's expense. Adjusting rings for valve boxes shall be of the type manufactured by the Tyler Manufacturing Company or an approved equal. Valve Box Top Section, Screw Type Adjustable Risers, and Extensions shall be of the type manufactured by the Tyler Manufacturing Company, 6850 or 6860 Series, as approved by the Engineer. Manholes shall be adjusted by one of the following methods: Adjust by removing an area of pavement (concrete or asphalt) with a minimum diameter one foot (F) larger than the structure (centered on the structure) by cutting vertical edges, adjusting the manhole by grouting concrete rings and/or utilizing galvanized steel shims to raise the structure to the proper grade, then spreading and mechanically compacting bituminous material. Patching around manholes shall not be square around any adjustment. This item will be paid for under the corresponding items of 2 10. 10 or 210.11 depending on the size of the manhole. This process will not including asphalt material which shall be paid for under line item 403.07. 2. Adjust with adjusting rings. This item will be measured and paid for separately under "Adjust Manhole with Locking Ring". Standard/non-adjustable paving rings are not permitted on arterial streets, collector streets, or in the wheel path of a travel lane. Contractor shall verify that the manhole can properly be adjusted with a ring to the proposed grade prior to beginning the overlay. The Engineer may allow turnbuckle style paving rings that tighten into place securely. All manhole access structures shall be adjusted to be one -eighth (1/8") inch minimum (low side) and one half - inch (1/2") maximum (high -side) below the pavement. When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and traverse directions. The inside shall be grouted when the Owner is The City of Fort Collins and shall not be grouted when the Owner is the Fort Collins Loveland Water District. Any manhole cover which is unstable or noisy under traffic shall be replaced by the Contractor. If the structure is adjusted during the planing or patching operation, the Contractor shall place asphalt material around the structure as directed by the Engineer to insure that it will not be a hazard to vehicular traffic. The Contractor shall be responsible for immediately cleaning and removing any construction materials that may have entered the manhole, valve box, or other structures during the construction process. In the event that a structure was not properly adjusted (i.e. too high or too low), written notice will be given by the Engineer to the Contractor requiring the Contractor to make the necessary adjustments within five (5) working days. In the event that the structure is not adjusted within said time frame, the Engineer shall have the right to engage a third party to complete the work, and to withhold the cost of such work from payments due the Contractor. The Engineer will also notify the Contractor in writing of any structures that were covered during the paving operation. The Contractor shall then have five (5) working days to make said structure accessible or will be subject to the constraints of the previous paragraph with respect to a third party completing the work. REVISION OF SECTION 210 RESET STRUCTURES In the unlikely event that a structure is adjusted after the overlay is complete, the Contractor must exercise care not to damage the new pavement surrounding the structure. The asphalt material used to patch the manhole adjustment shall be unmodified Grading S. Manhole Incentive Manhole access structures on arterials located in the roads (typically vehicular wheel paths or bike lanes) shall fall into the following incentive program if the requirements outlined below are met: Each manhole located on an arterial roadway accessible to a vehicle wheel paths or bike lane, identified by the Engineer, must be at an elevation of one -eighth (1/8` ") inch to one -quarter (1/4") inch below the final asphalt profile. This measurement shall be taken after compaction has been completed, using an eight to ten foot straight -edge, both parallel and horizontally to the roadways vehicle traffic. The typical processes and procedures of manhole adjustments shall remain the same as outlined in Section 210 of the LUCASS standards and the special revisions contained herein this document. The Engineer reserves the right to deny all incentives if he/she deems the asphalt work surrounding the manhole has been compromised to achieve the incentive payment (overheating, over -raking, segregation, lack of compaction, rideability, etc.). If the Engineer finds (on his/her measurement) that the said manhole meets the allowed tolerance for the arterial manhole incentive described above, the incentive shall be paid for as per line item 210.17 "Arterial Manhole Incentive Achieved", which shall be a one-time payment for each individual manhole. METHOD OF MEASUREMENT Subsection 210.12 shall include the following: The accepted quantities of Adjust Manholes, Valve Boxes, and Meter Boxes will be paid for at the contract unit price per each. Non -shrink backfill, concrete, haul and disposal will not be measured and paid for separately but shall be included in the contract unit price for each type of adjustment. BASIS OF PAYMENT Subsection 210.13 shall include the following: Payment will be made under: Pay Item Unit 210.01 Reset Mail Box Each 210.02 Adjust Valve Box Each 210.03 Adjust Valve Box with Ring Each 210.04 Adjust Valve Box with Tyler 6860 Series, Item R 69, Screw Type Adjustable Riser Each 210.05 Adjust and Replace Top Section of Valve Box Each REVISION OF SECTION 210 RESET STRUCTURES 210.06 Tyler 6850 Series, Item 58, 14" Valve Box Extension (Part Only) Each 210.07 Tyler 6860 Series 16" Valve Box Top Section Without Lid (Part Only) Each 210.08 Tyler 6860 Series 26" Valve Box Top Section without Lid (Part Only) Each 210.09 Total Valve Box Replacement, Tyler 6860 Series, 30" Bottom Section Each 210.10 Adjust Standard Manhole <24" Each 210.11 Adjust Special Manhole > 24" Each 210.12 Adjust Manhole with Ring Each 210.13 Adjust Manhole with Locking Ring < 24" dia., 5 3" height Each 210.14 Adjust Manhole with Locking Ring < 24" dia., > 3" height Each 210.15 Adjust Manhole with Locking Ring > 24" dia, < 3" height Each 210.16 Adjust Manhole with Locking Ring >24" dia, > 3" height Each 210.17 Arterial Manhole Incentive Achieved $500/Each The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in adjusting structures, complete -in -place, including non -shrink backfill, concrete, haul and disposal, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION REVISION OF SECTION 306 RECONDITIONING Section 306 — RECONDITIONING - is hereby revised as follows: CONSTRUCTION REQUIREMENTS Subsection 306.02 is revised to include the following: Reconditioning shall consist of scarifying and compacting the top 8" of the entire subgrade. Sufficient water shall be added to meet the density requirements as specified. The subgrade shall be thoroughly mixed and moistened to full depth and compacted as specified in Section 203.07. The reconditioned surface shall not vary above or below the lines and grades as staked by more than 0.04 foot under asphalt or concrete pavement, or 0.08 foot under aggregate base course. The surface shall be tested prior to application of any base course or pavement. All defective work shall be corrected as directed. The surface shall be satisfactorily maintained until base course or pavement has been placed. Asphalt Recycling shall consist of homogeneously pulverizing and mixing the existing asphalt roadway and underlying base material to a depth as determined by the Engineer. Care shall be taken to insure that the recycling process does not extend into the subgrade material. The resulting mixture shall be pulverized and blended to the satisfaction of the Engineer and meet the following requirements: Minimum Passing 1'/z" 97-100 % Minimum Passing No. 1 Sieve 60-65 % The equipment required for Asphalt Recycling shall be a self-propelled, rotary cross shaft mixing machine with a minimum of 400 horsepower and equipped with carbide -tipped teeth. This machine must be capable of making consecutive passes until the gradation requirement is met. The mixer shall be capable of pulverizing and mixing to a minimum depth of 18". The subcontractor performing Asphalt Recycling must have previous experience in the field of in -place Asphalt Recycling. METHOD OF MEASUREMENT Subsection 306.03 is revised to include the following: The accepted quantities of Reconditioning and in place Asphalt Recycling will be paid for at the contract unit price per square yard. BASIS OF PAYMENT Subsection 306.04 is revised to include the following: Payment will be made under: Pa Item tem Unit 306.01 Subgrade Preparation Square Yard 306.02 Asphalt Recycling (5-12") Bomag and Prep Square Yard The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work involved in Reconditioning and Asphalt Recycling, complete -in -place, including compaction, wetting or drying, and finish grading, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION SECTION 00530 NOTICE TO PROCEED Description of Work: 8320 Asphalt Overlay Project - 2018 Renewal To: Martin Marietta Materials Inc This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of 20_ The dates for Substantial Completion and Final Acceptance shall be 20 and , 20, respectively. City of Fort Collins OWNER Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of .20 . CONTRACTOR: Martin Marietta Materials Inc la Title: REVISION OF SECTION 307 LIME TREATED SUBGRADE Section 307 — LIME TREATED SUBGRADE - is hereby revised as follows: DESCRIPTION Subsection 307.01 is revised to include the following: This item shall consist of treating the subgrade, existing sub -base or existing base, by pulverizing, adding Class C fly ash, and mixing and compacting the mixed material to the required density. This item applies to natural ground or embankment and shall be constructed as specified herein and in conformity with the typical sections, lines and grades as shown on the plans or as established by the Engineer. Iv I:11 Y �I.i1:11Ly Subsection 307.02 — Lime - is revised to include the following: Fly Ash - Fly Ash shall meet ASTM C 618 for Class C Fly Ash. Water - The water used in the stabilized mixture shall be potable. CONSTRUCTION REQUIREMENTS Subsection 307.04 — General - is revised to include the following: EQUIPMENT The machinery, tools and equipment necessary for proper prosecution of the work shall be on the project and approved by the Engineer prior to the beginning of construction operations. All machinery, tools, and equipment used shall be maintained in a satisfactory and workmanlike manner. Fly ash is furnished in trucks. Each truck shall have the weight of fly ash recorded on certified scales. XIIL%ITIT;i7lylYL�Ii;1u General It is the purpose of this specification to secure a completed course of treated material which contains a uniform fly ash/soil mixture with no loose or segregated areas; has a uniform density and moisture content; is well bound for its full depth; and has a smooth surface suitable for placing subsequent courses. It shall be the responsibility of the Contractor to regulate the sequence of his work; to process a sufficient quantity of material to provide full depth as shown on the plans; to use the proper amounts of fly ash; to maintain the work; and to rework the courses as necessary to meet the above requirements. Preparation of Subgrade Before other construction operations are begun, the subgrade shall be graded, moisture conditioned, and shaped to enable the fly ash treatment of materials in place, in conformance with the lines, grades, and thickness shown on the plans. The subgrade elevation shall anticipate the entire of fly -ash material incorporated into the subgrade. Application The fly ash shall be spread by a method approved by the Engineer at the rates shown on the plans or as directed by the Engineer. Fly ash shall not be applied when wind conditions, in the opinion of the Engineer, are such that blowing fly ash becomes objectionable to traffic or adjacent property owners. During final mixing, the materials shall be sprinkled with water, as directed by the Engineer, until the proper REVISION OF SECTION 307 LIME TREATED SUBGRADE moisture content has been secured. However, initial mixing after the addition of fly ash will be accomplished dry, or with a minimum of water, to prevent fly ash balls. Final moisture content of the mix, prior to compaction, shall not exceed the optimum moisture content of the mix by more than 2%, nor be less than optimum by more than 2%. Should the natural moisture content of the soil be above the specified range, aeration of the soil may be required prior to addition of the fly ash. Mixing The soil and fly ash shall be thoroughly mixed by approved road mixers/recyclers or other approved equipment. The mixing shall continue until, in the opinion of the Engineer, a homogeneous, friable mixture of soil and the mixture should be added after initial mixing. There shall be a 6" overlap between passes to assure a consistent mix. Compaction Compaction of the mixture shall begin immediately after mixing of the fly ash and shall be completed within 2 hours following addition of water to the fly ash. The material shall be sprinkled as necessary to maintain the optimum moisture. Compaction of the mixture shall begin at the bottom and shall continue until the entire depth of mixture is uniformly compacted to the specified density using a sheepsfoot roller. All non -uniform (too wet, too dry, or insufficiently treated) areas which appear shall be corrected immediately by scarifying the areas affected, adding or removing material as required, and reshaping and re -compacting by sprinkling and rolling. The surface of the course shall be maintained in a smooth condition, free from undulations and ruts, until other work is placed thereon or the work is accepted. The stabilized section shall be compacted to the extent necessary to provide the density specified below. DESCRIPTION DENSITY For fly ash treated subgrade, existing subbase or existing Not less than 95% maximum dry density base that will receive subsequent subbase or base courses. (ASTM D 698) For fly ash treated base that will receive surface course. Not less than 97% maximum dry density (ASTM D 698) In addition to the requirements specified for density, the full depth of the material shown on the plans shall be compacted to the extent necessary to remain firm and stable under construction equipment. After each section is completed, tests as necessary will be made by the Engineer. If the material fails to meet the density requirements, the Engineer may require it to be reworked as necessary to meet those requirements or require the Contractor to change his construction methods to obtain required density on the next section. Throughout this entire operation the shape of the course shall be maintained by blading, and the surface, upon completion, shall be smooth and in conformity with the typical section shown on the plans and to the established lines and grades. Blading should be terminated within 2 hours after blending of the fly ash. Should the material, due to any reason or cause, lose the required stability, density or finish before the next course is placed, or the work is accepted, it shall be reprocessed, re -compacted, and refinished at the sole expense of the Contractor. Reprocessing shall follow the same pattern as the initial stabilization, including the addition of fly ash. Finishing, Curing, and Preparation for Surfacing After the final layer or course of the treated subgrade, subbase or base has been compacted, it shall be brought to the required lines and grades in accordance with the typical sections. (a) The resulting base surface shall be thoroughly rolled with a pneumatic tire roller and "clipped", "skinned", or "tight bladed" by a power grader to a depth of approximately 1/4", removing all loosened stabilized material from the section. Re -compaction of the loose material should not be attempted. The surface shall then be thoroughly compacted with the pneumatic roller, adding small increments of moisture as needed during rolling. If plus No. 4 aggregate is present on the surface of the mixture, one complete coverage of the section with the flat wheel roller shall be made immediately after the "clipping" operation. When REVISION OF SECTION 307 LIME TREATED SUBGRADE directed by the Engineer, surface finishing methods may be varied from this procedure provided a dense, uniform surface, free of surface compaction planes, is produced. The moisture content of the surface material must be maintained within the specified range during all finishing, and shall proceed in such a manner as to produce, in not more than 2 hours, a smooth, closely knit surface, free of cracks, ridges, or loose material conforming to the crown, grade and line shown on the plans. (b) After the fly ash treated course has been finished as specified herein, the surface shall be protected against rapid drying in a thorough and continuously moist condition by sprinkling for a period of not less than 3 days, or until the surface or subsequent courses are placed. METHOD OF MEASUREMENT Subsection 307.13 is revised to include the following: Fly ash treatment of the subgrade, existing subbase, and existing base shall be measured by the square yard to neat lines as shown on the typical sections. Payment is based on the square yards of the finished product. No payment shall be made for overlapping treatment sections. BASIS OF PAYMENT Subsection 307.14 is revised to include the following: Work performed and materials furnished as prescribed by this item and measured as provided under "Measurement' will be paid for as follows: Pay Item Unit 307.10 Class C Fly Ash Treated Subgrade Delivered and Spread 12" Depth, 12% by Weight — Tilled, Watered, Compacted Square Yard 307.20 Stabilize Subgrade — Tilled & Watered & Compacted Square Yard "Fly Ash Treated Subgrade" will be paid for at the unit price bid per SY. The unit price bid shall be full compensation for all correction of secondary subgrade; for loosening, mixing, pulverizing, spreading, drying, application of fly ash, and maintaining; for all curing, including all curing water and/or other curing materials; for all manipulations required; and for all hauling and freight involved; for all tools, equipment, labor, and for all materials necessary to complete the work, including fly ash, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION REVISION OF SECTION 401 PLANT MIX PAVEMENTS - GENERAL Section 401 — PLANT MIX PAVEMENTS — GENERAL - of the Standard Specifications is hereby revised as follows: MATERIALS Subsection 401.02 — Composition of Mixtures — shall delete the following two paragraphs : (a)(3) "A sufficient quantity of each aggregate for the Department to perform the tests specified in Section 3.2.1 of CP 52." "The Contractor's proposed job mix formula for each hot mix asphalt grading will be tested by the Department utilizing materials actually produced and stockpiled for use on the project." Subsection 401.02 — Composition of Mixtures - is hereby revised to include the following: Requests made in writing by the Contractor for changes in the job mix formula will be considered by the City Engineer. A job mix formula shall be determined by the Contractor and submitted to the Project Manager for approval a minimum of one week prior to the beginning of construction for each proposed change. The Contractor shall provide a report from an independent testing laboratory acceptable to the Project Manager. The report shall state the Superpave properties, optimum oil content, job mix formula, and recommended mixing and placing temperatures. The costs for all job mix formulas shall be the responsibility of the Contractor. Mix design verification testing shall be the responsibility of the Contractor. A minimum of one verification per mix design or one per 10,000 ton of mix used shall be provided to confirm oil content, gradation, air voids, VMA, and stability. The Contractor shall keep a log of tonnage produced by the plant for each mix and the necessary verification testing for presentation to the Engineer as demanded. Contractor mix designs shall be prepared by an independent laboratory acceptable to the Engineer and approved for use in the City of Fort Collins. The criterion for the mix design is as follows: Designed according to most recent set of SUPERPAVE Specifications available at the time of this contracts signing, and the requirements for Hot Mix Asphalt (HMA) from Chapter 22 of the Larimer County Urban Area Street Standards (LCUASS) Warm mix asphalt (WMA) with foaming equipment approved by CDOT CP-59 shall be used by the Contractor unless otherwise directed by the Engineer. The Contractor shall submit CDOT approval, the proposed delivery and compaction temperature range for the foamed and unfoamed mix, for approval by the Engineer. The Contractor shall prepare a quality control plan outlining the steps taken to minimize physical and temperature segregation of (HMA). This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. A maximum of 20% recycled asphalt pavement (RAP) shall be incorporated in all HMA mix Gradings (SG, S, and SX) in both top and bottom lifts. RAP content shall be processed and mixed to produce a homogenous material of known gradation and oil content. Testing of the processed RAP pile intended for use during the season shall be submitted for review, and shall be available for inspection as requested. Emulsified Asphalt for tack coat shall be Grade CSS-1h. The tack coat shall consist of a 1:1 dilution (one (1) part emulsified asphalt to one (1) part water). The application rate for tack coat shall be approximately 0.2 to 0.3 gallons per square yard with a target residual asphalt content (AC) of. 12 to .15 or as directed by the Engineer. Contractor shall submit the intended manufacturer material handling procedures to assure a quality application to achieve the desired residual AC rate. The surface to which tack coat material shall be applied shall be cleaned of all dirt, dust and grit to facilitate proper adherence of the tack and subsequent lifts. The Engineer may require supplemental application of tack coat material, if failure to properly clean the lower surface results in areas of missing or lost tack REVISION OF SECTION 401 PLANT MIX PAVEMENTS - GENERAL coat. Failure to properly tack coat the lower surface in advance of the overlay will results in a stop work order. The design mix for Grading S, SX, and SG shall conform to the current Larimer County Urban Area Street Standards and the following: Grading Property Test Method Grading SX Grading S SG Minimum Dry Split Tensile Strength, kPa (psi) CPL 5109 Method B 205 (30) 205 (30) 205 (30) Grade of Asphalt Cement PG 64-28 Top Layer PG 64-22 PG 64-22 PG 64-22 Grade of Asphalt Cement Layers Below Top *PG 58-28 PG 64-22 PG 64-22 PG 64-22 Voids in the Mineral Aggregate (VMA) % minimum CP 48 (a) (a) (a) Voids Filled with Asphalt (VFA) % Al MS-2 (b) (b) (b) *PG 58-28 is to be used on residential and minor collectors and the lower lifts of Major collector roads. a. Current CDOT Design Criteria b. Residential 75, Collector 75, Arterial 75 — See Table 22-4 LCUASS CONSTRUCTION REQUIREMENTS Subsection 401.12 — Surface Conditioning - shall be revised to include the following: A straight vertical cut shall be made through the pavement to provide a square or rectangular opening, such that each edge of the finished patch will be parallel or at right angles to the direction of traffic unless otherwise approved by the Engineer. Tack coat shall be placed against clean, vertical edges on all sides of the area to be patched. All patched areas in pavement that will not be overlaid shall be saw cut unless otherwise approved by the Engineer. The Contractor shall be responsible for the protection of the subgrade/base course until subsequent courses have been placed. If the surface of the road has irregularities after the planning process has been completed and/or once the prep work is completed, the Engineer may require leveling courses to be placed on the surface course prior to the top lift overlay. This process may consist of performing fills on certain settlements, or a full width leveling process. The Contractor shall perform this work just prior to the top lift overlay, unless directed differently by the Engineer. Leveling courses must be tacked prior to the overlay. Subsection 401.16 - Spreading and Finishing - shall be revised to include the following: I MA Grading S (75) PG 64-22 shall be used for all patching unless otherwise directed or approved by the Engineer. All patching under items 403.07 and 403.08 are to be performed with S mix and placed in two (2) even bottom lifts not to exceed a four (4) inch thickness per lift The Engineer reserves the right to require that the ground section be paved back immediately in the case of surface planing is performed on a Friday in the event that severe weather is imminent, or in the case that the ground section presents an extreme safety hazard to the traveling public or inconvenience to the residents. REVISION OF SECTION 401 PLANT MIX PAVEMENTS - GENERAL In Locations where curbside patching is being performed prior to a scheduled milling operation, the Contractor will leave the patches one to one and a half inches ( 1 to 1 '/2 inches) below the toe of the concrete unless directed otherwise by the Engineer. HMA grading SX and S shall be placed in equal thicknesses approved by the Engineer. The minimum lift thickness for SX mix shall be one and a half (1 ''/z) inches. The minimum lift thickness for S mix shall be two (2) inches. Overlaying layers of HMA shall not be placed until the lower layer has cooled sufficiently to provide a stable material which will support the equipment without rutting, shoving or moving in any manner. All Speed Bumps/Humps shall be installed in accordance with detail drawing located in section 3000 Details. If an existing speed bump requires removal to perform the paving operation, it shall be replaced in accordance with the said detail for a "Speed Hump". The Contractor shall contact the Engineer to confirm the layout and location prior to installation. Subsection 401.17 — Compaction - shall be revised to include the following: All pneumatic tire rollers shall be equipped with rubber skirts. END OF SECTION REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 — HOT MIX ASPHALT - is hereby revised as follows: DESCRIPTION Subsection 403.04 shall delete the following sentence: "These quantities will be restricted to small areas which require hand placement methods and where conventional paving equipment cannot be used." METHOD OF MEASUREMENT Subsection 403.04 shall include the following: Hot Mix Asphalt (HMA) SX, S, and SG, will be measured by the ton and paid for at the Contract Unit Price for Hot Mix Asphalt. Haul, asphalt materials, aggregate, asphalt cement, asphalt recycling agent, additives, hydrated lime, saw cutting and all other work necessary to complete each Hot Mix Asphalt item will not be paid for separately but shall be included in the unit price bid. Also see Section 109, Measurement and Payment. Load slips/tickets shall be consecutively numbered for each day and shall include batch time and weights. All leveling shall be performed using HMA Grading SX unless otherwise approved by the Engineer. The total tonnage used in each project area for the leveling operations shall be paid for by the corresponding line items located under 403.09 through 403.11. For example, if the total tonnage of leveling for the project area comes to 75 tons, it shall be paid for under line item 403.10 "HMA Grading SX Leveling 51 to 100 Tons." If the project area exceeds one hundred tons, the total amount of tonnage used for leveling for the project area shall be paid for under line item 403.11 "HMA Grading SX Leveling>100 Tons" Line item 409.12 "HMA Grading SX Leveling/Thin Overlay: 151 Tons and Greater" is intended for use when a single roadway or group of roadways in a project area have a leveling course performed in a continuous paving process, during a single days work, and the tonnage used exceeds one -hundred and fifty (150) tons. BASIS OF PAYMENT Subsection 403.05 is revised to include the following: Work performed and materials furnished as prescribed by this item and measured as provided under "Measurement" will be paid for as follows: Pay Item Unit 403.01 HMA - Grading SX, (75) 58 - 28 Binder Ton 403.02 HMA - Grading SX, (75) 64 - 22 Binder Ton 403.03 HMA - Grading S, (75) 58 - 28 Binder Ton 403.04 HMA - Grading S, (75) 64 - 22 Binder Ton 403.05 HMA - Grading S, (75) 64 - 28 Modified Binder Ton 403.06 HMA - Grading SG, (75) 64 - 22 Binder Ton 403.07 HMA S 75 Hand Patching - Remove & Replace Ton REVISION OF SECTION 403 HOT MIX ASPHALT 403.08 HMA Paver Patching - Remove & Replace Ton 403.09 HMA - Grading SX, (75) 64-22 Leveling 5 50 Tons Ton/Project 403.10 HMA - Grading SX, (75) 64-22 Leveling: 50 to 100 Tons Ton/Project 403.11 HMA - Grading SX, (75) 64-22 Leveling: > 100 Tons Ton/Project 403.12 HMA - Grading SX, (75) 64-22 Leveling/Thin Overlay >-150 Tons Ton/Day 403.13 HMA — Speed Humps, Grading S/SX (75) 64-22 Square Yard The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, temporary access ramps, and incidentals, and for doing all the work involved in Hot Mix Asphalt, including compaction, rolling, haul, surface preparation, and asphalt materials, complete in -place, as shown on these plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION REVISION OF SECTION 420 GEOSYNTHETICS Section 420 — GEOSYNTHETICS - is hereby revised as follows: DESCRIPTION Subsection 420.01 is revised to include the following: This work shall consist of placing Geotextile Paving Fabric as manufactured by Phillips Fibers Corporation, Hoechst Fibers Industries, Amoco Fabrics Company, or an approved equal in designated areas in substantial compliance with the plans, specifications and as directed by the Engineer. This work shall also include the placing of GlasGrid® 8511 or an approved equal in compliance with the plans, specifications, and as directed by the Engineer. MATERIALS Subsection 420.02 is revised to include the following: Geotextile Paving Fabric described in line item 420.01 shall be a non -woven, needle -punched pavement reinforcing fabric which conforms to the following properties: Grab Strength, either direction, minimum (ASTM D-4632) 90 Ibs Elongation, either direction, minimum (ASTM D-4632) 50 percent Burst Strength, minimum (ASTM D-3786) 185 PSI Weight, minimum 3.6 oz. /sq. yd. Asphalt Retention, minimum (TF25 #8) 0.2 gal. /sq. yd. Melting Point, minimum (ASTM D-276) 300' Fahrenheit The tack coat to be applied to the road surface and/or to the Geotextile Paving Fabric shall meet the following requirements: Asphalt Cement PG 64-22 Emulsified and/or Cutback Asphalt shall not be used as tack coat for Geotextile Paving Fabric. Line item 420.02 shall be the material GlasGrid® or an approved equal chosen by the direction of the Engineer CONSTRUCTION REQUIREMENTS Subsection 420.03 is revised to include the following: Surface preparation: The pavement to be repaired shall be cleaned and free of dirt, dust, water and vegetation. Cracks shall be cleaned and filled in accordance with 'Revision of Section 403, Crack Sealing" of these Specifications. If the crack sealing materials contain volatiles, adequate curing time must be allowed prior to placement of the fabric. The pavement must be cleared of all sharp or angular protrusions. While installing GlasGrid® the asphalt surface temperature must be between 5°C (40°F) and 60°C (140°F). On asphalt surfaces less than 24 hours old, the surface temperature must be between 5°C (40°F) and 46°C (110°F). GlasGrid® must be placed on an asphalt surface, either existing pavement or a leveled surface that has cooled to at least 100 ° F or less. If a tack coat is specified, it may be applied before or after the installation of G1asGrid, depending on site conditions. Tack must be completely cured prior to paving. Line item 420.02 "GlasGrid #8511— Small Quantity Installation" is not intended for use to cover the full length and width of the roadway prior to paving. This item is intended to be used in specific locations of damage prior to paving, which are identified by the Engineer. This could include but is not limited to transverse cracks, wheel path REVISION OF SECTION 420 GEOSYNTHETICS rutting, or other similar damages. In areas where the Engineer choses to use this line item, the process would include a five (5) foot roll of the GlasGrid material placed over the damaged location, tacked down with paving nails, and then applied with tack coat prior to the overlay. Application of Tack Coat: The tack coat shall be applied at a rate in accordance with the manufacturer's specifications (approximately 0.25 gal. /sq. yd). The use of.25 gal/SY is subject to change based on the condition of the roadway at the direction of the Engineer. Application must be performed by a distributor. Temperature of the tack coat must be sufficiently high to permit a uniform spray pattern. The asphalt temperature shall be between 2757 and 375°F. Subsection 420.04 — Paving - is revised to include the following: Geotextile Paving Fabric Placement: The Geotextile Paving Fabric shall be placed into the tack coat with a minimum of wrinkles. If Geotextile Paving Fabric folds greater than one inch (I") occur, the Geotextile Paving Fabric shall be slit and allowed to lie flat. Additional tack coat shall be placed as required to insure fabric bonding. If Geotextile Paving Fabric is placed adjacent to patched sections of roadway, the fabric shall overlap said patched section a minimum of 12 inches. All joints shall overlap adjacent fabric approximately 2-6 inches. Transverse joints of the Geotextile Paving Fabric shall be shingled in the direction of the paving to prevent edge pickup by the paver. Additional tack coat shall be uniformly applied to the joints and overlaps to insure bonding. Burning or torching of PGM-G Composite Paving Grids to remove wrinkles or folds shall never be done. It shall be the Contractors responsibility to maintain the Geotextile Paving Fabric until the overlay is complete. If the Geotextile Paving Fabric begins to be picked up, the Contractor shall immediately broadcast sand or hot mix asphalt over the area or "skin" the Geotextile Paving Fabric with Hot Mix Asphalt. Excess sand or hot mix shall be removed before paving. Sand used for this purpose will not be measured and paid for separately under the terms of this contract. Hot Mix Asphalt (SC Type 1 or 2) used for this purpose will be measured and paid for at their respective contract unit prices per ton. Geotextile Paving Fabric shall be clean, dry and sufficiently bonded to the tack coat prior to commencing the paving operations. Paving operations shall be completed the same day as the Geotextile Paving Fabric placement. METHOD OF MEASUREMENT Subsection 420.09 is revised to include the following: Geotextile Paving Fabric will be measured by the square yard of surface area covered, complete in place, including surface preparation and PG64-22 tack coat. Overlap shall not be paid for but included as incidental to the work. GlasGrid® or an approved equal will be measured and paid for by the square yard of surface area covered, complete in place, including preparation and strait AC PG 64-22 tack coat. Overlap shall not be paid for but included as incidental to the work. BASIS OF PAYMENT 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 420 GEOSYNTHETICS Subsection 420.10 is revised to include the following: The accepted quantities of Geotextile Paving Fabric will be paid for at the contract unit price per square yard complete -in -place, including surface preparation and PG64-22 tack coat. GlasGrid® or an approved equal will be measured and paid for by the square yard of surface area covered, complete in place, including preparation and PG64-22 tack coat. Payment will be made under: Pay Item Pay Unit 420.01 Geotextile Paving Fabric Square Yard 420.02 GlasGrid® #8511 Small Quantity Installation Square Yard The above prices and payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in placing tack coat and Paving Fabric, including haul and bituminous materials, complete -in -place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION REVISION OF SECTION 626 MOBILIZATION Section 626 — MOBILIZATION - is hereby revised as follows: BASIS OF PAYMENT Subsection 626.02 is revised as follows: All costs associated with Section 626 Mobilization are to be included within the lump sum line item of 103.03 "Bond Procurement and Mobilization". The Contractor shall refer to Section 103 Award and Execution of Contract within the contract documents for further clarification and basis of payment. END OF SECTION REVISION OF SECTION 627 PAVEMENT MARKING Section 627 — PAVEMENT MARKING - shall include the following: The following standards are from the City of Fort Collins Traffic Department and are to be used throughout the contract. In the event of conflicting specification information or missing information, governing specifications are in this order: City of Fort Collins Traffic Markings Standard Specifications, 2017 CDOT Standard Specification for Road and Bridge Construction, Section 627 and then the Manual for Uniform Traffic Control Devices, most recent version. CITY OF FORT COLLINS TRAFFIC MARKINGS STANDARD SPECIFICATIONS PART 1 — GENERAL A. The WORK under this Section includes providing all labor, materials, tools and equipment necessary for furnishing and placing painted and Thermoplastic traffic markings in accordance with these specifications and as shown on construction drawings. B. Traffic Markings shall be in conformity with the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD) and the directions of the City of Fort Collins Traffic Engineer. C. This WORK shall also include repair of all traffic markings to their original conditions, if damaged by the CONTRACTOR's operations. This includes damage resulting from track out. PART 2 — PRODUCTS 2.1 MATERIAL All products must be purchased from the Colorado State DOT Approved Products List (APL) and must meet the same size and dimensions as used by the City of Fort Collins Operations. A. White and yellow traffic longitudinal lane markings shall be High Build Acrylic Waterborne Paint B. All other markings including parking stall lines and hash marks shall be 125 mil no preheat thermoplastic. C. All Thermoplastic applied to Portland cement concrete shall have a 1 '/2 -3-inch black contrast border depending on width of line and letters. D. Glass spheres for reflectorizing traffic paint shall conform to City of Fort Collins standard P20+ AC 110 type glass beads and shall include a moisture resistant coating PART 3 — EXECUTION Ullmlwl IRMA� A. Lines shall be applied as solid, dashed, or dotted stripes either singly or in combination, as shown on the drawings. Dashed lines shall be applied in a 40 foot cycle consisting of a ten -foot dash and a 30-foot gap between dashes, unless otherwise shown on the drawings. A dotted line for line extensions within an intersection or taper area shall consist of 2-foot line segments and 4 foot gaps. A dotted line used as a lane line shall consist of 3-foot line segments and 9-foot gaps. The CONTRACTOR shall use an accurate dashing mechanism, which is capable of being easily adjusted to retrace existing dashed markings or to apply new materials at the correct spacing. Dashed lines which are to be applied over plainly visible existing dashed lines shall begin within six inches of the beginning of the existing dash, unless otherwise directed by the Traffic Engineer. REVISION OF SECTION 627 PAVEMENT MARKING B. Pavement markings shall be free of uneven edges, overspray, or other readily visible defects which detract from the appearance or function of the pavement markings. C. Lines shall be sharp, well defined, and uniformly retroreflective. The width of the applied shall be the width specified plus or minus '/o-inch. Fuzzy lines, excessive overspray, or non -uniform applications are unacceptable. Lines shall be inspected by the Traffic Engineer or designee with a retro reflectometer to verify effective retro reflectivity. Initial retro reflectivity for lane lines shall be White — 300 mcd. Yellow — 250 mcd. D. Pavement markings which are improperly applied, located, or reflectorized shall be corrected. Lines applied with insufficient material quantities shall be properly reapplied. Improperly located lines shall be removed. New lines shall then be applied in the correct locations at the CONTRACTOR's expense, including the furnishing of approved materials. E. Methods and equipment used for pavement preparation, marking removal shall be subject to the approval of the Traffic Engineer. Glass beads shall be kept dry during storage and prior to use. F. Other construction work such as shoulder paving, topsoil placement, grading, and seeding shall be scheduled and performed in a manner to avoid damage to applied pavement markings. 3.2 PAVEMENT PREPRARATION A. The CONTRACTOR shall clean all visible loose or foreign material from the surface to be marked. The pavement marking equipment shall be equipped with an air jet to remove all debris from the pavement in advance of the applicator gun. The air jet shall operate when marking material is being applied and be synchronized with marking material application. B. Pavement markings shall be applied only when the surface is clean and dry and free of any de-icing agents. The CONTRACTOR shall power broom or pressure wash all surfaces where lines are to be applied if the area is dirty or covered by de-icing material. C. Marking shall not be applied to Portland cement concrete until the concrete in the areas to be marked is clean of membrane curing material and is dry. All Thermoplastic placed on Portland cement concrete shall be lightly ground or pressure washed to expose virgin concrete. An approved sealer must also be applied before installing the Thermoplastic material. D. All Thermoplastic material other than white shall use an approved sealer according to the manufacturer. E. CONTRACTOR shall conform to all City of Fort Collins environmental standards. 3.3 LAYOUT AND PREMARKING A. The CONTRACTOR shall lay out the locations of all lines, words and other symbols to assure their proper placement. The layout and pre -marking lines shall be approved by the Traffic Engineer or designee before marking operations are started. When applying longitudinal or transverse lines, the CONTRACTOR shall use existing lines, construction joints or pre -marking to guide the marking equipment. B. Pre -marking shall be located from survey data or reference points and offset to parallel the theoretical edge of the marking lines at a maximum distance of one inch. Templates are required for the layout of arrows, words and other symbols. Pre -marking for longitudinal lines shall be placed at a minimum of 40-foot intervals, and shall not exceed two inches in width or 12 inches in length. Pre -marking for auxiliary markings shall be located as shown on the drawings or schematic forms provided by the Traffic Engineer. REVISION OF SECTION 627 PAVEMENT MARKING 3.4 LINE PLACEMENT TOLERANCE A. Pavement marking lines shall be straight or smoothly curved, true to the alignment of the pavement, and shall not deviate laterally from the proper location at a rate of more than two inches in 100 feet. No deviation greater than three inches will be permitted. 3.5 LINE TYPES A. Painted marking materials shall be applied to achieve a 22-mil minimum wet thickness and be uniformly retroreflective. The minimum rate of application for broken traffic stripes shall be prorated. Proof of proper rates shall be readily available either by a tank stab or computer -generated report accompanied by a recent calibration of the machine. Mil thickness may be checked manually with a wet film thickness gauge anytime during the operation. All Thermoplastic markings shall be chisel tested per the manufacturers recommended procedure to assure the markings are properly melted and bonded to the surface. All leading edges of Thermoplastic markings shall be feathered to reduce damage from snow plow operations. B. Bike lanes and edge lines shall be continuous stripes, six inches in width. Center of stripe shall be located as shown on the Drawings. C. Lane lines shall be four -inch -wide white stripes between contiguous lanes of pavement carrying traffic in the same direction. They shall be dashed unless specified solid. They shall be offset to the left of the longitudinal joint, if present, or the theoretical line lying between contiguous lanes, if a joint is not present. The nearer edge of the stripe shall be two inches to the left of the joint or line. D. Centerlines shall be single or double yellow stripes between contiguous lanes of pavement carrying traffic in opposite directions. Centerline marking shall also include two way left -turn lane striping and the outline of left -turn island. Each stripe shall be four inches wide, solid or dashed. E. Channelizing lines shall be continuous white stripes, eight inches wide. F. Stop lines shall be solid white stripes, 24-inches wide at Rail Road Crossings. 18-inch solid white stripes may be used in other areas. Crosswalk lines shall be sold white stripes, 18 inches wide x12 feet long. G. Parking lot stall marking lines shall be continuous white 125 mil thermoplastic stripes, four inches in width. H. Lane arrows and letters shall be white 125 mil Thermoplastic markings. I. Dotted lines for line extensions within an intersection shall be 8" 125 mil white Thermoplastic markings 3.6 EQUIPMENT AND APPLICATION OF PAINTED TRAFFIC MARKINGS A. The markings shall be applied by machine methods acceptable to the Traffic Engineer. The paint machine shall be of the spray type capable of satisfactorily applying the paint under pressure with uniformity of feed through nozzles spraying directly upon the pavement. Each machine shall be capable of applying two separate stripes, either solid or skip, at the same time. Each paint tank shall be equipped with a mechanical agitator. Each nozzle shall be equipped with satisfactory cutoff valves which will apply broken or skip lines automatically. Each nozzle shall have a mechanical bead dispenser that will operate simultaneously with the spray nozzle and distribute the beads in a uniform pattern at the rate specified. Each nozzle shall also be equipped with suitable line guides consisting of metallic shrouds or air blasts. REVISION OF SECTION 627 PAVEMENT MARKING B. The paint shall be thoroughly mixed prior to application, and shall be applied when the air temperature is above 50❑F and rising, to a clean and dry surface C. Glass beads shall be applied at a minimum rate of 8 pounds of beads for each gallon of paint. D. The painted area shall be protected from traffic until the paint is thoroughly dry. 3.7 REMOVAL OF PAVEMENT MARKINGS A. When indicated on the Drawings, pavement markings shall be removed. The markings shall be removed by high-pressure water blast, sand blast, fine line grinding, or other methods with the approval of the Traffic Engineer. Care shall be exercised during marking removal not to scar, discolor or otherwise damage the pavement surface. Overpainting or other methods of covering markings in lieu of removal shall not be permitted unless otherwise determined by the Traffic Engineer. 3.8 WARRANTY OF PAVEMENT MARKINGS A. All Thermoplastic material shall have a warranty of two years from the date of installation and be free of any workmanship or material defects during the period. All marking shall be repaired or replaced to the Traffic Engineer's satisfaction if defective during this period at the CONTRACTORS expense. B. All painted lines shall have a 6-month warranty and must have a minimum retro- reflect ivity reading of 50 mcd at the end of the period. All painted lines shall be repaired or replaced to the Traffic Engineer's satisfaction if defective during this period at the CONTRACTORS expense. METHOD OF MEASURMENT Sub -Section 627.12 shall be revised to include the following: All line items associated with the placement of temporary and permanent pavement markings shall include any additional costs for traffic control. All traffic control needed for striping shall be incidental to the work. BASIS OF PAYMENT Subsection 627.13 is revised to include the following: Work performed and materials furnished as prescribed by this item and measured as provided under "construction requirements" shall be paid for as follows: Pay Item Pay Unit 627.01 Installation of Thermoplastic HOUR 627.02 Lead Worker for Striping Layout HOUR 627.03 Support Workers for Striping Layout HOUR 627.04 Pavement Marking Paint GALLON 627.05 Pavement Mark Removal 4in (Surface Grinding) SQUARE FOOT 627.06 6 Inch White Line (Thermo) LINEAL FOOT REVISION OF SECTION 627 PAVEMENT MARKING 627.07 18 Inch White Line (Thermo) 627.08 24 Inch White Line (Thermo) 627.09 Speed Bump Stencil (Thermo) 627.10 Bike Symbol (6 ft) W/ Arrow (Thermo) 627.11 Right /Left Arrow Stencil (Thermo) 627.12 8 ft "ONLY" Stencil (Thermo) 627.13 "RR Kit Narrow" Stencil (Thermo) 627.14 Temporary Yellow Striping Tape Roll 627.15 Temporary White Striping Tape Roll 627.16 Green Bik Box (Thermo) END OF SECTION LINEAL FOOT LINEAL FOOT EACH EACH EACH EACH EACH EACH EACH SQUARE FOOT REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 — CONSTRUCTION ZONE TRAFFIC CONTROL - is hereby revised as follows: DESCRIPTION Subsection 630.01 shall be amended to include the following: This work shall consist of furnishing, installing, moving, maintaining, and removing temporary construction traffic control devices, including but not limited to signs, advance warning arrow panels, variable message boards, barricades, channelizing devices, and delineators as required by the latest revisions of the City of Fort Collins "Work Area Traffic Control Handbook," the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the Larimer County Urban Area Street Standards (LCUASS), and the Colorado Department of Transportation Road and Bridge Standard Specifications (CDOT). In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. MATERIALS Subsection 630.02 — Signs and Barricades - shall be amended to include the following: All traffic control devices shall meet or exceed the required minimum standards. Traffic control devices shall be clean and in good operating condition when delivered and shall be maintained on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand, etc.) Sign blanks with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists and bicyclists traveling in the opposite direction and residents potentially affected by information the sign may present. CONSTRUCTION REQUIREMENTS Subsection 630.10 shall be amended to include the following: The Contractor shall be responsible for ensuring safe passage through the work zone for vehicles, pedestrians, and bicycles. The City of Fort Collins shall not be responsible for any loss or damage to equipment due to theft or vandalism or for any damages to public or private property caused by the Contractor's construction activities. Private or public property which is damaged by the Contractor's installation, equipment, or employees will be the sole responsibility of the Contractor. The Contractor may be required to use Variable Message Boards to advise road users about upcoming work on arterial, collector, or residential streets as required by Traffic Operations through the approved traffic control plan. When required, the Engineer will issue direction for the number of boards, general locations for placement, and message verbiage. Typical quantities of Variable Message Boards may be: Six (6) on Arterial streets, four (4) on Collector streets, none on Residential streets, or as directed by the City Traffic Department. Variable Message Boards shall be placed a minimum of five (5) calender days prior to the project or as directed by the Engineer. For full closures on Arterials and Collectors, Variable Message Boards shall remain in place until completion of the project. See Method of Measurement contained herein. Two-way traffic shall be maintained at all times unless approved by the Engineer. Lane width shall be maintained at a minimum of ten (10') feet. The Contractor will provide twenty-four (24) hour minimum notice to the City of Fort Collins Traffic Department when construction operations will be near a signalized intersection. REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Hand drawn plans shall NOT be accepted. Notification of residents and businesses shall be the responsibility of the Contractor, Contractor Representative, Traffic Control Supervisor JCS) 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, watering newly installed sod from an area damaged by the loader during patching operations, etc.), dates and times of the work, and parking and access restrictions that will apply. These notices shall be provided by the Engineer. Notification letters or door hangers shall include a local phone number which residents with questions may use to contact the Contractor and a link to the City of Fort Collins Street Department web site where citizens may find additional information and project updates at "www.fcgov.com/streets". Only approved notifications shall be distributed a minimum of five (5) calender days prior to the commencement of each phase of the Work. Traffic Control Plans shall be submitted for approval prior to commencement of any work. Traffic control conditions vary significantly in the field and the Contractor is responsible for submitting traffic control plans for each work location. Minimum traffic control requirements for Arterial, Collector, and Residential streets are contained herein. Devices temporarily not in use shall be removed from the area. Moving shall include devices removed from the project and later returned to use. Devices may be temporarily placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists, and vehicles, as approved by the Engineer. Traffic control devices shall be removed from the site immediately upon completion of the work for any street(s). In the event there is a safety issue, the Engineer may issue a "Stop Work Order" until the issue(s) is corrected. The Contractor shall not be entitled to any additional compensation for delays associated with the "Stop Work Order". Approved traffic control plans shall be available on site at all times. See Revision of Section 104. Traffic control plans shall be submitted for all work locations prior to commencement of any work. Plans shall be submitted along with the City of Fort Collins Traffic Approval Forms. Traffic control plans shall be prepared by a Traffic Control Supervisor certified by the American Traffic Safety Services Association (ATSSA) or a Worksite Traffic Control Supervisor certified by the Colorado Contractor's Association (CCA). Hand drawn plans shall NOT be accepted. Typical Traffic Control Plans for work within the right-of-way shall be submitted for approval to the Engineer as follows: Typical submittals for scheduled residential work shall be submitted by 8:00 a.m. two (2) working days priorto commencement ofthe work. Typical submittals for residential work scheduled on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m. Submittals for full closures on residential streets shall be submitted one five (5) working days prior to the commencement of work. Submittals for full closures on arterial and collector streets shall be submitted ten (10) working days prior to the commencement of work. All plans shall be delivered to the Engineer, 625 Ninth Street, Fort Collins. Facsimiles of plans shall not be accepted. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work. See Revision of Sections 104 and 105. A Traffic Control Plan shall be submitted for each Arterial and each Collector street scheduled for work. Each residential area shall have one typical Traffic Control Plan submitted for the area. When changes to the Area Traffic Control Plan(s) are required, a re -submittal for the area shall be provided for approval. For required closures in a residential (i.e., closure for a crosspan repair) a separate submittal from the Area Traffic Control Plan shall be provided. The Traffic Control Plan shall include, as a minimum, the following: REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 1. A Traffic Control Approval Form shall be submitted with each traffic control plan. The Approval Form shall be legibly written and filled out completely. 2. A detailed diagram which shows the location of all sign placement&, including advance construction signs (if not previously approved) and speed limit signs; method, length and time duration for lane closures, and location of flag persons. 3. A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panels; vertical panels with lights; Type I, Type II, and Type III barricades; cones; drum channelizing devices; advance warning flashing or sequencing arrow panels. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. 4. Number of flaggers to be used. Flagger stations shall be located where approaching motorists, bicyclists, and pedestrians shall have sufficient distance to safely stop at the specified location. 5. Parking Restrictions to be in effect. 6. Detailed pedestrian and bicycle movement. 7. All applicable notes (i.e., sign spacing, taper length and posted speed limit, pedestrian routes, etc.) Approval of the proposed method of handling traffic does not relieve the Contractor of liability specifically assigned under this contract. Subsection 630.11 — Traffic Control Management - shall be revised to include the following: The Contractor shall designate an individual, other than the Superintendent, to be the Traffic Control Supervisor. Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or a current Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. Proof of certification for all personnel assigned to the project(s) shall be provided to the City Traffic Department and the Engineer. The Traffic Control Supervisor shall have approved traffic control plans 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 control for street and highway construction, available on site at all times. The TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of five (5) working days prior to commencement of the work. The TCS shall be required to be on site at all times during construction. It is the intent of the specifications that the TCS be the same throughout the year. The TCS shall be equipped with a working cellular phone at all times during construction operations. Traffic Control Management shall be maintained on a 24 hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times, and available upon request of the Engineer during non -working hours. A 24 hour telephone number shall be provided to the Engineer. Outside of construction hours, the response time from the Engineers' contact shall be 30 minutes or less and correction of the issue(s) shall be one (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. TCS duties shall include, but are not limited to: 1. Supervise and direct project flaggers. SECTION 00610 PERFORMANCE BOND Bond No. 016215495 KNOW ALL MEN BY THESE PRESENTS: that Martin Marietta Materials Inc 1800 N Taft Hill Road, Fort Collins, GO 80521 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Liberty Mutual Insurance Company (Address) 450 Plymouth Road, Suite 400, Plymouth Meeting, PA 19462 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins 300 Laporte Ave, Fort Collins, Colorado_80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum Five Million Two Hundred Eighteen Thousand Three Hundred Seventy -Nine Dollars and Eighty -Eight Cents ($5 218 379 88) 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 20th day of A ril 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, 8320 Asphalt Overlay 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 performers 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, o22 of 3 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 2. Prepare, revise, and submit Traffic Control Plans as required. 3. Coordinate all traffic control related operations, including those of the Subcontractor and supplier. 4. Coordinate project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. 5. Notify residents and businesses five (5) calendar days prior to construction. a. Notifications maybe accomplished by a representative of the TCS such as a flagger and shall be hand typed and hand delivered to all businesses and residents. 6. Inspect traffic control devices on a calendar day basis for the duration of the project to ensure devices are functioning properly and are clean and legible. 7. Oversee all requirements covered by the plans and specifications which contribute to the convenience, safety, and orderly movement of traffic. 8. Break flaggers for short periods of no more than fifteen (15) minutes over a sixty (60) minute period. 9. Set up and removal of traffic control device. 10. Maintain a project traffic control diary which shall become part of the City's project records. This diary/log shall be submitted to the Engineer daily and shall include the following information as a minimum a. Date. b. The time of traffic control inspections. c. Project description and location. d. Traffic Control Supervisor's name. e. Types and quantities of traffic control devices used per approved MHT. f. List of flaggers used, including start time, stop time and number of flagging hour breaks. g. Traffic control problems (traffic accidents; damaged, missing or dirty devices, etc.) and corrective action taken. The Engineer reserves the right to request traffic control personnel be replaced when, in the opinion of the Engineer, the minimum industry standards for performing duties are not being met on site. METHOD OF MEASUREMENT Subsection 630.15 shall be revised to include the following: "Construction Zone Traffic Control" shall include the cost for all traffic control necessary to allow the Contractor to complete the Work on the corresponding streets as shown in Sections 02500, Quantity Estimate and Section 03500, Maps, as required herein, as referenced in the example traffic control plans of sub -section 630.01 above, and as directed by the Engineer. The price shall include a full time TCS dedicated to the project, all flagging equipment, all traffic control devices, and for doing all Traffic Control work needed for the projects outlined within the documents approved by the City Of Fort Collins Traffic Department and those that may be added. The items not included in this percentage shall be the flagging personnel hours, variable message boards, arrow boards, and night work up - charge. "Night Work Up -Charge" shall be measured by the number of nights work is performed after normal working hours, typically extending from 7pm to 5am of the said working day. It is a one-time charge, meant to cover the costs of lighting stations, additional work site protection and safety requirements, asphalt plant costs, and the allocation of resources required for work at night. "Variable Message Board" shall be measured and paid per day per each. "Flagging" shall be measured and paid per hour based on the rate provided. Overtime shall not be measured and paid for separately, but shall be included in the line item price for "Flagging". Hours of non -flagging work in excess of those authorized shall not be measured and paid for separately but shall be at the Contractor's expense. Flagging shall follow the current MUTCD standards and shall not be included in the percentage price provided under line item 630.01. The quantity of flaggers shall be determined by the classification of the roadway (Arterial, Collector, and Residential) and the Contractors' flagging needs based on the work being performed. Flaggers shall be provided with hand signs such as Stop/Slow paddles and electronic communication devices when required. REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Flagging equipment and devices shall not be measured and paid for separately but shall be included in the percentage on line item 630.01 — Construction Zone Traffic Control. Batteries, electricity, fuel for lighting or warning devices, sand bags, fencing, and caution tape shall not be measured and paid for separately and shall be considered a subsidiary obligation in conjunction with the Work. All costs associated with Traffic Control Plan review shall not be measured or paid for separately, but shall be considered incidental to the Work including review and re -submittal fees. The City may deduct from compensation due the Contractor $10.00 per day for each traffic control device not removed from the site immediately upon completion of the work or as directed by the Engineer. The Contractor may provide larger construction traffic signs than those typically used in accordance with the City of Fort Collins Work Area Traffic Control Handbook and the MUTCD as approved by the Engineer, however, no payment shall be made for the additional panel size. Business signs, Neighborhood Traffic Only signs and detour placard street names are not considered Specialty Signs and shall not be measured or paid for separately but shall be included in the cost of the Work under the corresponding street classification. "The City of Fort Collins Master Street Plan" maps depicting the street classifications (Arterial, Collector, and Residential) can be found at the following link: http://citydocs. fcgov.com/?dt=Master+Street+Plan+M ap&dn=G I S+MAPS&vid= l 92&cmd=showdt BASIS OF PAYMENT Subsection 630.16 shall be amended to include the following: Line item 630.01 — "Construction Zone Traffic Control" is paid for as a percentage of total work performed for the corresponding month. The total cost for the work shall be the subtotal of costs extending from line item 202.01 through 420.02. To achieve the traffic control payments amount, line item subtotal shall be multiplied by the established percentage located on line item 630.01 and shall be added to the monthly pay application. Payment shall be made under: Pay Item Unit 630.01 Construction Zone Traffic Control Percent 630.02 Variable Message Board Per Each Per Day 630.03 Flagging Hour 630.04 Night Work Up -Charge Per Night The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in setup/removal/modification, notifications and delivery for Construction Zone Traffic Control including vehicles, phones, sandbags, hand signs, break times, as shown on the plans, as specified in these specifications, and as directed by the Engineer. REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE ENGINEER IN WRITING. NOTE: WHEN PERFORMING WORK ON ARTERIALS, PLANS SHALL BE APPROVED A MINIMUM OF TWO (2) WEEKS PRIOR TO THE COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFYING THE PUBLIC THROUGH THE MEDIA. NOTE: CONSTRUCTION OR REPAIR WORK WILL NOT BE PERMITTED AT OR IN THE VICINITY OF A SIGNALIZED INTERSECTION OR ANY ARTERIAL AND COLLECTOR STREETS THAT HAVE MAJOR TRAFFIC VOLUMES BETWEEN THE HOURS OF 7:00 A.M. TO 8:30 A.M OR 3:30 P.M TO 6:30 P.M. (EXCEPT IN THE CASE OF AN EMERGENCY). EXCEPTIONS MAY BE MADE FOR CONSTRUCTION OR REPAIR WORK ON ARTERIAL AND COLLECTOR STREETS BETWEEN THE HOURS OF 7:00 A.M. TO 6: P.M., MONDAY THROUGH FRIDAY EXCLUDING HOLIDAYS, WHEN ALL EQUIPMENT, LABOR, TRAFFIC CONTROL DEVICES, AND CONSTRUCTION ARE NOT IN THE VICINITY OF AN INTERSECTION. THE ENGINEER SHALL AUTHORIZE SUCH WORK AND SPECIFY THE REQUIRED DISTANCE FROM THE INTERSECTION. NOTE: TIME RESTRICTIONS ON S.H. 287 AND HWY 17 (COLLEGE AVENUE AND MULBERRY STREET EAST OF LEMAY) SHALL TYPICALLY BE RESTRICTED FROM 9:00 A.M TO 3:00 P.M. NOTE: CONSTRUCTION HOURS, EXCEPT FOR EMERGENCIES SHALL BE LIMITED TO 7:00 A.M. TO 6:00 P.M., MONDAY THROUGH FRIDAY EXCLUDING HOLIDAYS, UNLESS OTHERWISE AUTHORIZED IN WRITING BY THE ENGINEER. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE TRAFFIC CONTROL PLANS. END OF SECTION SECTION 02500 QUANTITY ESTIMATE Specific locations are described herein in section 03500 of the contract documents; however, additional quantities may be included in the Bid Schedule for locations not yet identified at the time of the bid. All quantities stipulated in the Bid Schedule associated with unit pricing are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work completed Contractor agrees that he/she will make no claim for damages, anticipated profits, or otherwise on account of any differences between the amounts of Work actually performed, the materials actually furnished, and/or the estimated amount in these documents. Section 03000 - DETAILS Rock Sock (RS) Straw Bale Filter Gravel Filter Speed Hump Striping SC-5 D23 D24, D25 City of Fort Collins drawing attached Attachment A, B, and C Rock Sock (RS) SC-5 Description A rock sock is constructed of gravel that has been wrapped by wire mesh or a geotextile to form an elongated cylindrical filter. Rock socks are typically used either as a perimeter control or as part of inlet protection. When placed at angles in the curb line, rock socks are typically referred to as curb socks. Rock socks are intended to trap sediment from stormwater runoff that flows onto roadways as a result of construction activities. Appropriate Uses Photograph RS-l. Rock socks placed at regular intervals in a curb Rock socks can be used at the perimeter line can help reduce sediment loading to storm sewer inlets. Rock of a disturbed area to control localized socks can also be used as perimeter controls. sediment loading. A benefit of rock socks as opposed to other perimeter controls is that they do not have to be trenched or staked into the ground; therefore, they are often used on roadway construction projects where paved surfaces are present. Use rock socks in inlet protection applications when the construction of a roadway is substantially complete and the roadway has been directly connected to a receiving storm system. Design and Installation When rock socks are used as perimeter controls, the maximum recommended tributary drainage area per 100 lineal feet of rock socks is approximately 0.25 acres with disturbed slope length of up to 150 feet and a tributary slope gradient no steeper than 3:1. A rock sock design detail and notes are provided in Detail RS-1. Also see the Inlet Protection Fact Sheet for design and installation guidance when rock socks are used for inlet protection and in the curb line. When placed in the gutter adjacent to a curb, rock socks should protrude no more than two feet from the curb in order for traffic to pass safely. If located in a high traffic area, place construction markers to alert drivers and street maintenance workers of their presence. Maintenance and Removal Rock socks are susceptible to displacement and breaking due to vehicle traffic. Inspect rock socks for damage and repair or replace as necessary. Remove sediment by sweeping or vacuuming as needed to maintain the functionality of the BMP, typically when sediment has accumulated behind the rock sock to one-half of the sock's height. Once upstream stabilization is complete, rock socks and accumulated sediment should be removed and properly disposed. Rock Sock Functions Erosion Control No Sediment Control Yes Site/Material Management I No November 2010 Urban Drainage and Flood Control District RS-I Urban Storm Drainage Criteria Manual Volume 3 November 2010 Urban Drainage and Flood Control District RS-I Urban Storm Drainage Criteria Manual Volume 3 SC-5 Rock Sock (RS) RS IY2' (MINUS) CRUSHED ROCK ( DS ENCLOSED IN WIRE MESH 1i " (MINUS) CRUSHED ROCK ENCLOSED IN WIRE MESH WIRE TIE ENDS I a" TO 6" MAX AT 0" ON BEDROCK OR GROUND SURFACE CURBS, OTHERWISE HARD SURFACE, 2" 6"-10" DEPENDING IN SOIL ON EXPECTED SEDIMENT LOADS ROCK SOCK SECTION ROCK SOCK PLAN ANY GAP AT JOINT SHALL BE FILLED WITH AN ADEQUATE AMOUNT OF 16" (MINUS) CRUSHED ROCK AND WRAPPED WITH ADDITIONAL WIRE MESH SECURED TO ENDS OF ROCK ROCK SOCK, REINFORCED SOCK. AS AN ALTERNATIVE TO FILLING JOINTS TYP BETWEEN ADJOINING ROCK SOCKS WITH CRUSHED ROCK AND 12" 12" ADDITIONAL WIRE WRAPPING, ROCK SOCKS CAN BE I OVERLAPPED (TYPICALLY 12-INCH OVERLAP) TO AVOID GAPS. ROCK SOCK JOINTING 1. SEE PLAN VIEW FOR: -LOCATIONS) OF ROCK SOCKS. GRADATION TABLE SIEVE SIZE MASS PERCENT PASSING SOUARE MESH SIEVES NO. 4 2" 100 1 90 - 100 1 20 - 55 3•' 0 - 15 0 - 5 MATCHES SPECIFICATIONS FOR NO. 4 COARSE AGGREGATE FOR CONCRETE PER AASHTO M43, ALL ROCK SHALL 8E FRACTURED FACE, ALL SIDES. 2. CRUSHED ROCK SHALL BE 1,�" (MINUS) IN S12C WITH A FRA.CTUREO FACE (ALL SIDES) AND SHALL COMPLY WITH GRADATION SHOWN ON THIS SHEET (1.4" MINUS). 3. WIRE MESH SHALL BE FABRICATED OF 10 GAGE POULTRY MESH, OR EOUIVALENT, WITH A MAXIMUM OPENING OF h-, RECOMMENDED MINIMUM ROIL WIDTH OF 48- 4, WIRE MESH SHALL BE SECURED USING "HOG RINGS" OR WIRE TIES AT 6" CENTERS ALONG ALL JOINTS AND AT 2" CENTERS ON ENDS OF SOCKS. 5. SOME MUNICIPALITIES MAY ALLOW THE USE OF FILTER FABRIC AS AN ALTERNATVE TO WIRE MESH FOR THE ROCK ENCLOSURE, RS-1. ROCK SOCK PERIMETER CONTROL RS-2 Urban Drainage and Flood Control District November 2010 Urban Storm Drainage Criteria Manual Volume 3 Rock Sack (RS) SC-5 ROCK SOCK MAINTENANC NOT S T. INSPECT BMPs EACH WORKDAY, AND MAINTAIN THEM IN EFFECTIVE OPERATING CONOfT10N. MAINTENANCE OF BMPs SHOULD BE PROACTIVE, NOT REACTIVE. INSPECT BMPs AS SOON AS POSSIBLE (AND ALWAYS WITHIN 24 HOURS) FOLLOWING A STORM THAT CAUSES SURFACE EROSION, AND PERFORM NECESSARY MAINTENANCE. 2. FREQUENT OBSERVATIONS AND MAINTENANCE ARE NECESSARY TO MAINTAIN BMPs IN EFFECTIVE OPERATING CONOiriON. INSPECTIONS AND CORRECTIVE MEASURES SHOULD BE DOCUMENTED THOROUGHLY. 3. WHERE BMP9 HAVE FAILED. REPAIR OR REPLACEMENT SHOULD BE INITIATED UPON DISCOVERY OF THE FAILURE. 4. ROCK SOCKS SHALL BE REPLAC CO IF THEY BECOME HEAVILY SOILED, OR DAMAGED BEYOND REPAIR. 9. SEDIMENT ACCUMULATED UPSTREAM OF ROCK SOCKS SHALL BE REMOVED AS NEEDED TO MAINTAIN FUNCTIONALITY OF THE BMP, TYPICALLY WHEN DEPTH OF ACCUMULATED SEDIMENTS IS APPROXIMATELY )� OF THE HEIGHT OF THE ROCK SOCK. 6, ROCK SOCKS ARE TO REMAIN IN PLACE UNTIL THE UPSTREAM DISTURBED AREA IS STABILIZED AND APPROVED BY THE LOCAL JURISDICTION. 7. WHEN ROCK SOCKS ARE REMOVED, ALL DISTURBED AREAS SHALL BE COVERED WITH TOPSOIL. SEEDED AND MULCHED OR OTHERWISE STABILIZED AS APPROVED BY LOCAL JURISDICTION. (DETAIL ADAPTED FROM TOWN OF PARKER, COLORADO AND CITv Of AURORA, COLORADO, NOT AVAILABLE IN AUTOCAO) fig; MANY JURISDICTIONS HAVE BMP DETAILS THAT VARY FROM UDFCO STANDARD DETAILS. CONSULT WITH LOCAL JURISDICTIONS AS TO WHICH DETAIL SHOULD BE USED WHEN DIFFERENCES ARE NOTED. NOTE: THE DETAILS INCLUDED WITH THIS FACT SHEET SHOW COMMONLY USED, CONVENTIONAL METHODS OF ROCK SOCK INSTALLATION IN THE DENVER METROPOLITAN AREA THERE ARE MANY OTHER SIMILAR PROPRIETARY PRODUCTS ON THE MARKET. UOFCD NEITHER NDORSES NOR DISCOURAGES USE OF PROPRIETARY PROTECTION PRODUCTS; HOWEVER, IN THE EVENT PROPRIETARY METHODS ARE USED, THE APPROPRIATE DETAIL FROM THE MANUFACTURER MUST BE INCLUDED IN THE SWMP AND THE BMP MUST BE INSTALLED AND MAINTAINED AS SHOWN IN THE MANUFACTURER'S DETAILS. November 2010 Urban Drainage and FIood Control District RS-3 Urban Storm Drainage Criteria Manual Volume 3 Area Inlet with Grato D iS �~I Q C O C p C SEratat Baps Staked tvi�h 2 SEakes Per Bale Al• O p ' D r O O A a C o C o C A 4 � I J I I r('I I� —, PLAN VIEW St Twine Runoff ^,:. ,b,�,,,,.o „ Compacted Soil � 6' Fiitered Wa�zr SecvoN A -A seneral Notes: 1. Wedge loose straw between the staked bales. 2. Inspect and repair filters after each Storm event. Remove sediment when one half of the filter depth has been filled. Removed sediment shall be deposited in an area tributary to a sediment basin or other filtering measure. 3. Sediment shall be removed immediately from traveled way of roads. FIGURE 6.2 AREA INLET FILTER STRAW BALES CITY OF;FORT COLLINS, COLORADO S r Q MVJATER UTILITY APPROVED BY! DATE: REVISIONS: D- 2 3 Sere en -- (App*ox. C r(!voi YFi%er . PLAN VIEW Concrete 310ck Grave! Fi (Ter Overflow -- ti j" Canc--o�z Block I --1 r---Wire Screen Runoff IS1=117H Gravel Filter wr.� '�Iz'� In = ^ cu � ns��sn k: 1,2* �t I�'�o�y+rr� Fi ltare,�' Wile r A SECTION A -A General Notes: 1. Inspect and repair filters after each storm event. Remove sediment when one half of the filter depth has been filled. Removed sediment shall be deposited in an area tributary to a sediment basin or other filtering measures. 2. Sediment and gravel shall be immediately removed from traveled way of roads. FIGU.0 6.3 AREA INLET FILTER GRAVEL CITY OF FORT COLLINS, COLORADO STORMWATER UTILITY AFFROVFD BY: DATE: n":'!is ONS- D-24 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 27th day of April 1 2p18 IN PRESENCE OF: Principal&&j ��z — LSO✓ `�- Todd Crump, Risk Manager (Title) (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: -,t lv' Dan Welsh. Insurance Analyst (Surety Seal) Byron Creech Vice President and Treasurer (Title) 2710 Wycliff Road, Raleigh, North Carolina 27607 (Address) Other Partners By: Surety B Rebeca L. Gomez Porras, Attorndy-In-Fact — 4309 Empe+or Blvd., Ste. 300, Durham, North Carolina 27703 Address NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR Is Partnership, all partners should execute Bond. PAGE 32 �r Dist i zr j Wi,, Scr E3106( PLAN VIEW Wcad J JC Sri i 10N A -A �—C,"rj 1naC_ e Ger:E�at Notes: CURB INLET FILTER 1. Inspect and repair fiiters after each storm event. Remove sedimeni when GRAVEL one half of the filter depth has been filled. Removed sediment shall be de- CITY OF -FORT COLLINS, COLORADO posited in an area tributary to e sadi- STORMWATER UTILITY meat basin or other filtering measure. A.rGROVED ;,Y: 2. Sediment and gravel shall be irnme ia;ely DATE: renoved from traveled way of roads. FEVISiCNS: ET_cli2= 6114 City of Fort Collins 22' Speed Bump 3/21 /13 Top View 22 feet Side View r 6 feet 1 10 feet 1 6 3.5 inches (+1- .5") 1 AiiacW--mwo4* A PreNlark'-` SA 90 SPECIFICATION PREFORMED THERMOPLASTIC PAVEMENT MARKINGS I of 2 USE: A durable, retroreflective pavement marking material suitable for use as roadway, intersection, commercial or private pavement delineation and markings. 1.1. The markings must be a resilient white or yellow thermoplastic product with uniformly distributed glass beads throughout the entire cross sectional area. The markings must be resistant to the detrimental effects of motor fuels, lubricants, hydraulic fluids, antifreeze, etc. Lines, legends and symbols are capable of being affixed to bituminous and/or portland cement concrete pavements by the use of the normal heat of a propane torch. Other colors shall be available as required. 1.2. The markings must be capable of conforming to pavement contours, breaks and faults through the action of traffic at normal pavement temperatures. The markings shall have resealing characteristics, such that it is capable of fusing with itself and previously applied thermoplastic when heated with the torch. 1.3. The markings shall not have minimum ambient and road temperature requirements for application, storage, or handling. 2. MANUFACTURING CONTROL AND ISO CERTIFICATION: The manufacturer must be ISO 9001:2008 certified and provide proof of current certification. The scope of the certification shall include manufacture of preformed thermoplastic marking materials. MATERIAL; Must be composed of an ester modified rosin resistant to degradation by motor fuels, lubricants etc. in conjunction with aggregates, pigments, binders and glass beads which have been factory produced as a finished product, and meets the requirements of the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways. The thermoplastic material conforms to AASHTO designation M249, with the exception of the relevant differences due to the material being supplied in a preformed state. 3.1. Graded Glass Beads: 3.1.1. The material must contain a minimum of thirty percent (301/6) intermixed graded glass beads by weight. The intermixed beads shall be conforming to AASHTO designation M247, with minimum 80% true spheres and minimum refractive index of 1.50. 3.1.2. The material must have factory applied coated surface beads in addition to the intermixed beads at a rate of 1 lb. (_ 10%) per 10 sq. ft. These factory applied coated surface beads shall have a minimum of 90% true spheres, minimum refractive index of 1.50, and meet the following gradation. Size Gradation Retained, % Passing, % US Mesh Pm 12 1700 0 - 2% 98 - 100% 14 1400 0 - 3.5% 96.5 - 100% 16 1 180 2 - 25% 75 - 98% 18 1000 28 - 63% 37 - 72% 20 850 63 - 72% 28 - 37% 30 600 67 - 77% 23 - 33% 50 300 89 - 950X0 5 - 11°r0 80 200 97-100% 0 - 3% 06 22 1 i PreMarkt SA 90 3.2. Pigments: 2of2 3.2.1. White: The material shall be manufactured with sufficient titanium dioxide pigment to meet FHWA Docket No. FHWA-99-6190 Table 5 and Table 6 as revised and corrected. 3.2.2. Red, Blue, and Yellow: The material shall be manufactured with sufficient pigment to meet FHWA Docket No. FHWA-99-6190 Table 5 and Table 6 as revised and corrected. The yellow pigments must be organic and must be heavy-metal free. 3.2.3. Other Colors: The pigments must be heavy-metal free. 3.3. Heating indicators: The top surface of the material (same side as the factory applied surface beads) shall have regularly spaced indents. These indents shall act as a visual cue during application that the material has reached a molten state so satisfactory adhesion and proper bead embedment has been achieved and a post -application visual cue that the installation procedures have been followed. 3.4. Skid Resistance: The surface, with properly applied and embedded surface beads, trust provide a minimum resistance value of 45 BPN when tested according to ASTM E 303. 3.5. Thickness: The material must be supplied at a minimum thickness of 90 mils (2.29 mm). 3.6. Versatility: As an option, turn arrows and combination arrows may come without surface applied glass beads, thus facilitating the use of those arrows as either left or right indicators, thereby reducing inventory requirements. 3.7. Environmental Resistance: The material must be resistant to deterioration due to exposure to sunlight, water, salt or adverse weather conditions and impervious to oil and gasoline. 3.8. Retroreflectivity: The material, when applied in accordance with manufacturer's guidelines, must demonstrate a uniform level of sufficient nighttime retroreflection when tested in accordance to ASTM E 1710. The applied material must have an initial minimum intensity reading of 500 mcd•m'•lz t for white and 300 mcd•m'•Iz t for yellow as measured with an LTL-2000 or LTL-X Retroreflectometer. Note: Initial retroreflection is affected by the amount of heat applied during installation. When ambient temperatures are such that greater amounts of heat are required for proper installation, initial retroreflection levels may be affected. 4. APPLICATION: 4.1. Asphalt: The materials shall be applied using the propane torch method recommended by the manufacturer. The material must be able to be applied without minimum requirements for ambient and road temperatures and without any preheating of the pavement to a specific temperature. The material must be able to be applied without the use of a thermometer. The pavement shall be clean, dry and free of debris. Supplier must enclose application instructions in English and Spanish with each box/package. 4.2. Portland Cement Concrete: The same application procedure shall be used as described under Section 4. L However, a compatible primer sealer shall be applied before application to assure proper adhesion. PACKAGING: The preformed thermoplastic markings shall be placed in protective plastic film with cardboard stiffeners where necessary to prevent damage in transit. Linear material must be cut to a maximum of 3' long pieces. Legends and symbols must also be supplied in flat pieces. The cartons in which packed shall be non -returnable and shall not exceed 40" in length and 25" in width, and be labeled for ease of identification. The weight of the individual carton must not exceed seventy (70) pounds. A protective film around the box must be applied in order to protect the material from rain or premature aging. 6. TECHNICAL SERVICES: The successful bidder shall provide technical services as required. T PERFORMANCE: The preformed thermoplastic markings shall meet state specifications and he approved for use by the appropriate state agency. 06.22 10 1160 SERIES A4t+"X0ftV Q WATERBORNE ACRYLIC TRAFFIC PAINT (TTP-1952E TYPE II) 1160 Series is a 100% acrylic waterborne traffic paint formulated to deliver extraordinary performance. It is extremely fast drying over a broad range of application conditions and has excellent durability. 1160 Series is recommended for striping long line traffic markings on roads and highways. or other traffic surfaces including parking lots, driveways, sidewalks and runways. It may be applied over asphalt, Portland cement and concrete pavement. 1160 Series is available in white, lead-free yellow, black, red, blue and green. TECHNICAL DATA Property --; 1160 1166 Other White ` iF Yellow Colors Pigment. 60 60 60 % by weight, Minimum Total Solids 77 77 76 by weight, Minimum Nonvolatile Vehicle 42 42 42 4% by weight, Minimum Weight 14 13.6 13.5 per gallon, Ibs (+/-0.3) Viscosity 80-95 80-95 80-95 77° F, KU Grind (Hegman Gauge) 4 4 4 Minimum Contrast Ratio 0.95 0,92 0.92 5 mil wet Minimum Directional Reflectance 90 50 NA 5 mil wet Minimum Field Test Time 20-90 20-90 20-90 No track time Q ambient conditions, seconds Dry Through Time 125 125 425 15 mils wet 0 901,'oRH, Minute, Max ASTM D-71 1 No Pick Up Time, 10 10 10 without Beads, minutes. Max ASTM D-711 Thinner Water Water Water VOC q/l, Max 100 1 co 1 G SWARC0 1 First in traffic Solutions. ADVANTAGES • Superior durability. • Excellent adhesion • Fast drying under a wide range of climatic conditions. • Remains flexible over time. • Can be applied with conventional or airless spray equipment. • No thinning for application. PACKAGING • 1 gallon can • 5 gallon pail • 55 gallon drum • 250 gallon tote COVERAGE • 100 square feet per gallon at 15 mil wet film • 300 linear feet of 4" line per gallon at 15 mil wet film. 1160 SERIES WATERBORNE ACRYLIC TRAFFIC PAINT (TTP-1952E TYPE II) SURFACE PREPARATION In general, coating performance is in direct proportion to the quality of the surface preparation. Before applying coatings, the surface should be clean and dry. The surface must be free of oil. grease, gasoline and moisture. APPLICATION • Do not apply when the temperature is below 50°F. • Do not heat coating in striping system above 1 10°F. • Do not apply first coat over fresh asphalt at more than 7 mils wet. • Allow first coat to dry before applying second coat. • New asphalt and concrete must be allowed to cure for a minimum of 30 days before application of product. • Do not leave water or water mixed with non -subsiding cleaner for more than 24 hours in spray equipment. It is re- commended to use a mixture of glycol solution and water for storing spray equipment longer than 72 hours. • Surface temperature must be at least 5°F above dew point to prevent condensation. • 00 NOT MIX WITH WATER. This product comes ready mixed. GOVERNMENT SPECIFICATIONS • Meets Federal Std. 141D and American Standard Test Method (ASTM) • Meets FS TTP-1952E Type 11 • Meets Caltrans PTWB-01 R2 MIXING To get an even coverage of paint pigment, the paint should be agitated for 10-15 minutes. If necessary, strain the paint and remove any skins before mixing, Do not attempt to mix hardened paint films with liquid paint ENVIRONMENTAL, a Meets SCAOMD Rtile 1113.' • Dry paint chips are non -toxic • Meets Federal Clean Air Act Regulations CLEAN UP Immediately clean all equipment after use with fresh water to remove any partially dried material. If paint is dry. a solvent may be necessary but be careful not to contaminate this and all waterborne paints with solvents. SAFETY PRECAUTIONS For industrial use only. Not for residential use. See and read MSDS and product labels before use. Safety precautions must be strictly followed during storage, handling and use. SHELF LIFE Water base paints are best utilized within 3 months of delivery but remains usable for 12 months. WARRANTY Colorado Paint warrants to the purchaser, for 6 months from the date of manufacturing. that this product when applied according to Colorado Paint Application Instructions, shall be manufactured without defects. This limited warranty covers material replacement only. Excluded from coverage is labor, any damage to the application surface or any failure of the coating caused other than by defects in the material. COLORA00 PAINT COMPANY 4747 Holly Street, Denver, CO 80216, U.S.. T 1 3Q3 388 92 >5, F. •F1 303 388 0881 wvtiw.ccloradopaint.com At+W%***AP cow Description This specification covers glass spheres for application on water borne traffic paint markings for the production of retroreffective pavement markings. The glass spheres shall be transparent, colorless and free from milkiness, dark particles or carbon residues, and excessive air inclusions. All +20 mesh beads shall be produced from virgin glass by direct melt methods. The glass spheres shall be free of hard lumps and clusters and shall dispense readily under any conditions suitable for paint striping. Specific Sphere Requirements A. Gradation Glass spheres for regular waterborne traffic paint coo + tic! to The glass spheres for regular waterborne traffic paint shall meet the gradation requirements for type as given below: Sieve Size Percent Passing 14 100 16 99-100 20 75- 95 30 55- 85 50 10- 35 100 0- 5 D. Coating The spheres shall have a Dual Coating. The coating shall have both a moisture resistant coating and an adhesion promoting coating. The beads shall pass the moisture resistance test and the adherence coating test. B. Roundness The glass spheres shall have a minimum of 80 percent true spheres. C. Refractive Index The glass spheres shah have a minimum refractive index of 1.50. SECTION 03500 PROJECT INDEX AND MAPS Overlay Project area list in alphabetical order: • Golden Meadows 2 • Griffin 1 • Lakeside • Larkborough 1 • Highlander 1 • University Acres 1 • Woodwest 1 & 2A Surface Treatment Project area pavement marking list in alphabetical order: • Brown Farm • College Heights 1 • Golden Meadows 2 • Lakeside • Landings 1 • Lark 1 • Provincetowne East 2 • Willox 1 Fort Collins , Stree! is STREET MAINTENANCE PROGRAM (SMP) Asphalt Projects 2018 Revised March 27, 2018 • __ � ■I � 4+�� r. � �,� Dui' ,�. �, iR •• '•ice' Zl�� r • r � �- � MUNK, R WA W-00 `1 +' (�Ei err♦ � 1 r r r �*d wy Legend �2018, Asphalt Overlay 2018, Reconstruction 2018, Surface Treatment 2018, Concrete Pavement NaturalArea City Limits �S ��'►' Project Area: ALL - 2018 Map 1 of 22 'Fort Collins ��treeets �- STREET MAINTENANCE PROGRAM (SMP) Asphalt Projects 2018 Revised March 27. 201a Project Area: Blue Spruce Map 2 of 22 SECTION 00615 PAYMENT BOND Bond No. 016215495 KNOW ALL MEN BY THESE PRESENTS: that Martin Marietta Materials Inc 800 N Taft Hill Road, Fort Collins, CO 80521 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Liberty Mutual Insurance Company (Address) 450 Plymouth Road, Suite 400, Plymouth Meeting, PA 19462 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave.. Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of Five Million Two Hundred Eighteen Thousand Three Hundred Seventy -Nine Dollars and Eighty -Eight Cents ($5.218 379.88) 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 20th 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, 8320 Asphalt Overlay 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 (D n D CD N G) O cD Cr tQ cD j 9 O� �O Cr U)p CD Ln Im cn T� N m m Z D_ z m z D z n m O 0 X D 9 a� 46 O -w N N i0 n O Cr �p m r--� in D U) O CD n rt N m m D_ z m z D z n m X O O D N Cl) o ;z 00 — Fort Collins Streets � STREET MAINTENANCE PROGRAM (SMP) Asphalt Projects 2018 Revised March 27. 2018 Project Area: Cherry and MaxShareway Map 5 of 22 City of Fort Collins STREET MAINTENANCE PROGRAM (SMP) Asphalt Projects 2018 Revised March 27. 2018 Project Area: Pine 1 Map 6 of 22 �F�ort of ' `. - Streets STREET MAINTENANCE PROGRAM (SMP) Asphalt Projects 2018 Revised March 27. 2018 Project Area: Linden Center 1 and Buckingham 3 Map 7 of 22 City of Fort Collins Streets~ STREET MAINTENANCE PROGRAM (SMP) Asphalt Projects 2018 Revised March 27, 2— Project Area: Laporte Ave Map 8 of 22 City of F6rt Collins ./ Streets W MULBERRY ST CORVID WAY RAVEN VIEW RD ORCHARD PL GLENMOOR DR 0 J J 3: W PLUM CT STREET MAINTENANCE PROGRAM (SMP) Asphalt Projects 2018 Revised March 27, 2018 s W OAK ST �9 LLJ y 9L G�� A z N ) l i t k tn� 0 DR 0 Q Z TMORE PL } m BIRCH ST w y Q } W PLUM ST y Q r z J > U Legend 0 0 0� w �2018, Asphalt Overlay 0 It �2018, Reconstruction 0 0 Q' 2018, Surface Treatment z Q4 2018, Concrete Pavement - U O 1 Natural Area w CLEARVIEW CT Parks J ® schools PVE Q City Limits V ^—LL\ Asphalt2018Grid SKYLINE DR eCitycrew 000OR M3 W ELIZABETH ST a z O_ cn m ~ F D Z -- ) z � C m cOi SJI! _� OR F N CT Q 0 360 720 1,440 Feet Project Area: Lakeside Map 9of22 9 m m D_ z m z D z n m -o O D N U) o � 00 ui CIRCLE DR W T ZCL N N 0 0 0 0 00 N uoi D n A > S.T o c m v l l w j "- m a "� o c 3 (D N 0) cn w 0 STOVER ST NEWSOM ST S� �C n m o m n� is r, 0 m co O y y In m NN D m (n T C7 m y WILLIAMS '{ GRFFH ST D W ST m _ -i x z ROBFRtSONST _ MORGAN ST ROBERTSON ST D X m -o r m S LEMAY AVE m HOSPITAL LN YOUNT ST z ROY CT L )LORADO ST UST CT I v m z Z O 0 r r m m D_ z m z D Dz n m a1 � rr X �0 17 O ° (D D 0 cl)^ r N cl) O 0 O Cr �0 @ I �--� N • V • cn T-q N m m D_ z m z D z 0 m O O X D N cn o 00 — IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 27th day of April , 2018. Todd Crump, Risk Manager (Title) (Corporate Seal) IN PRESENCE OF: IN PRFSF.NCF OF: Dan Welsh, Insurance Analyst (Surety Seal) Principal Byron Creech, Vice President and Treasurer (Title) 2710 Wycliff Road, Raleigh, North Carolina 27607 (Address) Other Partners By: Surety B � i Rebeca L. Gomez Porras, Attorney -In- act 4309 Emperor Blvd., Ste. 300, Durham, North Carolina 27703 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. City of �'F�ort Collins ��..,.n/' Streets STREET MAINTENANCE PROGRAM (SMP) Asphalt Projects 2018 Revised March 27, 2018 1 l DARTMOUTH TRL JD OVTH TRL RUTGERS AVE VODUKELNw aOW zQ>�ARTM OJ�4 COLUMBIA RD 3� N O rn r N W 2 _ Q � CORNELL AVE YALE WAY CAMBRIDGE DR QV�O UJ 1 Q BROWN AVE W L- w QU z > EFNS Cr O O 1-- g, G rn PRINCETON'RD �p PRINCETON RD p __ BAYLOR ST W z Legend g �2018, Asphalt Overlay �2018, Reconstruction E DRAKE RD 2018, Surface Treatment 2018, Concrete Pavement N U) Natural Area ?� Parks ,a= W Schools Q City Limits (n 0 Qsphalt2018Grid Z F E'THUNDERBIRD DR y CityCrew IB M3 0 230 460 920 Feet Project Area: College Heights 1 Map 13 of 22 0 CD 0 rt D 0 0 cD C. m 2) c0 m 9 0r) O 0 cn 0CT CD r� Un im CA a� T 0 (D 0 U) m m D_ z m z D z n m O O X D N U) o 3 00 I � , ? �j ICD TA FE CT LYMEN S !� w o w n w T v o 0 0 D f s N o m m CD S SHIELDS ST O O _ - CONESTOGA CT c O z-- � D CD � z O ?�C0 = RUSTIC CT lz ySa °z a r FCL O > PLACER ST O PLACER CT CIMARRON CT SILVERTHORNE DR m O O O 0 v IL z z cti cn N z APPALOOSA CT giOgR r+ .Q D q�a� WINDMILL DR SUN DISK CT a T CUMBERLAND CT TRADITION DRO'P,yO� o l Y ca c y C IQ'Q� O O COLONY DR CpCT BOZEMAN CT c% m cn O� m o ZUNI CIR CAVALRY CT ROCKY MOUNTAIN CT -O! O cn 3 z RIVA RIDGE DR v MEADOWLARK AVE A- o m a� D Cn O AP0 !n N KILLDEER DR N mn O Cr cnp CD X IT! m D_ z --1 m z D Dz u) n 'o m 01 rr -00 Z G) O CD D a 0� d N N � N 0 w d d o 0 o Q W 3 7 D? N m w d a o < d s UN -1 O v v D v v 8C] 3"IVCISNIH r° 0 N Ln CREST RD CD 0 9 GOSHAWK DR Z m FALL RIVER n m m x TABLE MOUNTAIN PL HUMMINGBIRD DR �m m z Ij WER CREEK DR = m z �m W -- c m m n U) v MOSS CREEK, DR GOLDENEYE DR J� O c WIDGEON ST 3 TANAGER ST MANHATTAN AVE � r cn m m D_ z m z D Dz N n m sy T ;7 X O D N cf) O " -0 00 E D N O CD n rr N M m m D_ z m z D z n m M O O M D N Cl) C Z -1 -0 00 City of STREET MAINTENANCE PROGRAM (SMP) F6rt Collins Asphalt Projects 2018 — Streets - Revised March 27, 2018 Project Area: Golden Meadows 2 Map 18 of 22 1 O CD 0 r* D cn W r+ O O <D 9 Cl) X m m 3 D z m z D z n m X 0 Q X D ic ic >v N O O N N ®� 0 IICD O pl O w -0 Z N N N 3 O O O 3 Q Q ° O � 3 � 3 (y 3 O A m ti -1 0 N o s =c cn c� 00 O1 i o �4fitlt rn 0 TI m m ENO DR a000pj2 (] 30011I IISSOj 40 31191iFi'fir -�— S COLLEGE AVE �O od�Ns FOSSIL RIDGE DR PARKWAY CIR W n V GREENWAY DR X n O� n 2 GRIFFITH DR T GREENVIEW DR N cn MAIL CREEK LN 1->D< SAWGRASS CT CD G r Z FRONTAGE RD DR X m m D_ z m z D Dz N n m S .-r X -o O ml Gi O D n 0 cn IJ cn 09 " -0 00 City of �'F�ort Collins � Streets - STREET MAINTENANCE PROGRAM (SMP) Asphalt Projects 2018 Revised March 27, 2018 Feet s4°a Project Area: Seton 1 Map 21 of 22 City of .City Collins — Streets � STREET MAINTENANCE PROGRAM (SMP) Asphalt Projects 2018 Revised March 27. 2019 Project Area: Skybiew GID 15 Map 22 of 22 F6rt of �Pur�chas�ingg SPECIFICATIONS .�� Financial Services Purchasing Division 215 N. ?Mason St. 2"" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970221.6707 fcgor.com%p rchasing CONTRACT DOCUMENTS FOR ASPHALT OVERLAY PROJECT - 2018 RENEWAL BID NO. 8320 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS it THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7956139 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Byron Creech; Todd Crump; Rebeca L. Gomez Porras; Kristy W. Kretzschmar all of the city of Raleigh state of NC each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of December , 2017 �(Y iVSo iNSU� ,.y tNSUn JP Oppol7ryJG 4? JJ NpyOrgr�^�.�.�` `u;F.rc:rin� C:c Q 0 1919 n 1912 ° 1991 s 0 o x ti STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West tAAmerican /Insurance Company By: David M. Carey; As— s�t Secretary On this 6th day of December 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. �yP PAgr� COMMONWEALTH OF PENNSYLVANIA�%�� O 'y<,, r Notarial seal O x Teresa Pastella, Notary Public By. of upper MerionTwp., Montgomery County Teresa Pastella, Notary Public ytV�w My Commission Expires March 28, 2021 �ssy� �G �qRY _, .per Member, Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -OFFICERS- Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn. the undersigned. Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this . rl day of 20 e Y As(/ i.iNSUi, .;;;N.s uh C yJPstvecagr R,92 r a a 19i9 a 1412 ° t 1991 By: Renee C. Llew ssistant Secretary �jyFwFIRMF i�'J��� 9/)?�S^�,11Ur ` t: ry �FiDIaN� i•: C to C O U f— >% OW C L E 00 Q M O O C M O E am rn O � 0 4 0 C m is d > .a y O C't N L N C co 00 UT- o 82 of 200 SECTION 04000 Erosion Control, Inlet Protection, Fugitive Dust Prevention Index: Part 1 - Dust Prevention and Control Manual Part 2 - Environmental Standard Operating Procedures d k�I R Ima 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 Eorthmoving 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 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 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 I 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 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, backfiII 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 (o required best management practice) and a wind barrier (an additional best management practice) for demolition and renovation activities. Dust generated from demolition activities may contain significant levels of silica, lead, asbestos, and particulate matter. Inhalation of silica and asbestos is known to cause lung cancer, and exposure to even small quantities of lead dust can result in harm to children and the unborn. In addition to complying with the dust control measures below, any person engaged in demolition or renovation projects must comply with applicable state and federal regulations for asbestos and lead containing materials and notification and inspection requirements under the State of Colorado Air Quality Control Commission's Regulation No. 8, Part B Control of Hazardous Air pollutants. Best 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 §3G02.1.1) 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 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 Best Management Practices to Control Dust (a) Required Best Management Practices: Any c (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 (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- (iii) Surface roughening cannot be immediately established. (iv) Stockpile location: locate stockpile at a distance equal to ten times the pile height from property boundaries that abut residential areas. (v) Vegetation: seed and mulch any stockpile that will remain inactive for 30 days or more. (vi) Enclosure: construct a three -sided structure equal to or greater than the height of the pile to shelter the pile from the predominant winds. (c) Additional requirements: (i) Stockpile permit compliance: comply with all conditions and requirements under any stockpile permit required under the Code or the Land Use Code. (ii) Erosion control plan compliance: implement and comply with all conditions and requirements of the "Fort Collins Stormwater Criteria Manual, as adopted in Code Sec. §26-500; specifically, Volume 3 Chapter 7 "Construction BMPs". The Stormwater Criteria Manual may require the use of Erosion Control Materials, soil stockpile height limit of ten feet, watering, surface roughening, vegetation, silt fence and other control measures. Dust Prevention and Control Manual Page 13 3.4 Street Sweeping Left: This figure illustrates the use of a wet suppression and vacuum system, an additional best management practice for street sweeping. Street sweeping is an effective method for removing dirt and debris from streets and preventing it from entering storm drains or becoming airborne. Regenerative air sweepers and mechanical sweepers with water spray can also be effective at removing particulate matter from hard surfaces. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator that conducts sweeping operations or services on paved or concrete roads, parking lots, rights -of -way, pedestrian ways, plazas or other solid surfaces, and whose operations are a dust generating activity or source shall implement the following best management practices to prevent off -property transport of fugitive dust emissions: (i) Uncontrolled sweeping prohibited: the use of rotary brushes, power brooms, or other mechanical sweeping for the removal of dust, dirt, mud, or other debris from a paved public road, right-of-way, or parking lot without the use of water, vacuum system with filtration, or other equivalent dust control method is prohibited. Mechanical or manual sweeping that occurs between lifts of asphalt paving operations or due to preparation for pavement markings are excluded from this prohibition, due to engineering requirements associated with these operations. (b) Additional Best Management Practices: In the event 3.4(a)(i) is ineffective to prevent off -property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: use a light spray of water or wetting agent applied directly to work area or use equipment with water spray system while operating sweeper or power broom. Prevent water used for dust control from entering any storm drainage facility or watercourse. (ii) Vacuum system: use sweeper or power broom equipped with a vacuum collection and filtration system. (iii) Other method: use any other method to control dust emissions that has a demonstrated particulate matter control efficiency of 80 percent or more. Dust Prevention and Control Manual Page 14 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 0 DATE (MM/DD/YYYY) ac oRo CERTIFICATE OF LIABILITY INSURANCE 04/20/2018 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 have ADDITIONAL INSURED provisions or 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 Marsh USA Inc. NAME: PHONE FAX 100 North Tryon Street, Suite 3600 A� Charlotte, NC 28202 EMAIL Attn: CA NON-RESIDENT NO.OB22889 ADDRE S: J56965-1. MMM-GAWX-17-18 INSURED Martin Marietta Materials, Inc Aft Todd Crump 2710 Wycliff Road PO Box 30013 Raleigh, NC 27622 CnVFRArFS CERTIFICATE NUMBER INSURER C : ACE Property And Casualty Ins Co INSURER D : INSURER E : INSURER F : ATL-004816791-01 REVISION NUMBER: 20699 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. INSR LTR TYPE OF INSURANCE ADDLISUBR POLICY NUMBER POLICY MM/DD/YYYY MM DD/YYYY Vim A X COMMERCIAL GENERAL LIABILITY HDOG27871525 09/30/2017 09/30/2018 EACH OCCURRENCE $ 3,000,000 CLAIMS -MADE 1XI OCCUR DAMAGE TO RNTED PREMISESEaEoccu.. $ 50,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 3,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 X POLICY JE Q LOC PRODUCTS -COMP/OP AGG $ 6,000,000 $ OTHER: A AUTOMOBILE LIABILITY ISAH09063717 09130I2017 09/3012018 COMBINED SINGLE LIMIT Ea accident $ 5,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X UMBRELLALIAB X OCCUR G28167581002 09/30/2017 09/30/2018 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTIONS $ B A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ H ANYPROPRIETOR/PARTNERlEXECUTNE OFFICER/MEMBEREXCLUE F_N] (Mandatory in NH) N/A WLRC64619457 (AOS) WLRC64619792(CA) / 7 09/30/2017 09/30/2018 09/30/2018 X ST TUiE ERA E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT 2,000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 2018 CITY OF FORT COLLINS OVERLAY - JOB # 1633272607 CERTIFICATE HOLDER IS ADDITIONAL INSURED UNDER GENERAL LIABILITY AND AUTOMOBILE LIABILITY AS THEIR INTEREST MAY APPEAR, IF REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED, SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICIES. WAIVER OF SUBROGATION IS APPLICABLE WHERE REQUIRED BY WRITTEN CONTRACT AND SUBJECT TO POLICY TERMS AND CONDITIONS. THIS INSURANCE IS PRIMARY AND NON-CONTRIBUTORY OVER ANY EXISTING INSURANCE AND LIMITED TO LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED SUBJECT TO POLICY TERMS AND CONDITIONS WITH RESPECT TO GENERAL LIABILITY AND AUTOMOBILE LIABILITY. CERTIFICATE HOLDER CANCELLATION CITY OF FORT COLLINS - PURCHASING DIV. 215 N. MASON ST. 2ND FLOOR FORT COLLINS, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Annette Stefan)-cJLx� © 1988-2016 ACORD CORPORATION. All rights reserved ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 3.7 Unpaved Roads and Haul Roads Left: This figure illustrates surface improvements on an unpaved road, an additional best management practice. Road dust from unpaved roads is caused by particles lifted by and dropped from rolling wheels traveling on the road surface and from wind blowing across the road surface. Road dust can aggravate heart and lung conditions as well as cause safety issues such as decreased driver visibility and other safety hazards. Best 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 on 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 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 sand blasting that contain hazardous materials may be 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 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 8320 Asphalt Overlay Project - 2018 Renewal PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Martin Marietta Materials Inc CONTRACT DATE: April 13, 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: 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 rCity Of Fort Collins DUST CONTROL PLAN PROJECT INFORMATION Project Name Project Location Start and Completion Dates Total Size of Project Site (acres) Maximum disturbed surface area at any one time (acres) Property Owner name, address, phone, e-mail Developer name, address, phone, e-mail General Contractor name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail Subcontractor or Operator of a dust generating activity or source name, address, phone, e-mail PROJECT PHASING OR SEQUENCING Provide a description of how this project will be phased or sequenced to minimize the disturbed surface area. Attach phasing plan or map if available. Dust Prevention and Control Manual Page 29 DUST CONTROL PLAN CERTIFICATION I certify the information and attachments contained in this Dust Control Plan are true and correct to the best of my knowledge and that I and the project's subcontractors have received a copy of this Dust Control Plan and acknowledge my understanding of and ability to comply with best management practices for controlling fugitive dust emissions. I hereby permit City officials to enter upon the property for the purpose of inspection of any dust generating activity or source for which I am the responsible person, owner, or operator. Name: Title: Role on project: Address: Phone: Signature: Date: *********************************************************** List of Subcontractors: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Title: Role on project: Dust Prevention and Control Manual Page 30 Dust Prevention and Control Checklist Instructions: For projects over 5 acres, in addition to developing a Dust Control Plan (see chapter 4 of the manual), place an X in each box indicating all best management practices (BMPs) that will be implemented for each activity. Fully shaded boxes are required BMPs, hatched boxes are additional BMPs. For projects less than 5 acres, the BMPs for bulk materials transport and saw cutting/grinding are required; other BMPs are listed for use as a guide for preventing and controlling dust. C bn 'Q \ Y fD — ro ro to * k o0 y Dust Generating Activity b > O o LULU a 41 7 ° L N O ° ° = cc v L �n _ O Z— °° C Q p 0 n u iF v o a _ c U > u ° /Best Management Practice a y o �^ v @� LU 6 H @_ a° > Q v °' O v m w Ln F m m �n Q Abrasive media Asbestos or lead materials K 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 I Ip *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 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. noaved Roads and Haul Roads Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a Roadways and §III.D.2.e Haul Roads. Parking Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Open Areas and Vacant Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Saw Cutting and Grinding Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual — 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 http1/www.fcgov.com/opserv/pdf/building-design-standards2.1)df?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.n4.us/health/surv/documents/dry cutting.pdf Centers for Disease Control and Prevention - Engineering Controls for Silica in Construction htto://www.cdc.gov/niosh/topics/silica/cutoffsaws.htmi Shepherd-S; Woskie-S, Controlling Dust from Concrete Saw Cutting. Journal of Occupational and Environmental Hygiene, 2013 Feb; 10(2):64-70. http://www.cdc.gov/niosh/nioshtic-2/20042808.htmi Akbar-Khanzadeh F, Milz SA, Wagner CD, Bisesi MS, Ames AL, Khuder S, Susi P, Akbar-Khanzadeh M, Effectiveness of dust control methods for crystalline silica and respirable suspended particulate matter exposure during manual concrete surface grinding. Journal of Occupational and Environmental Hygiene, 2010 Dec;7(12):700-11. http://www.ncbi.nlm.nih.gov/pubmed/21058155 HSE, On -Tool Controls to Reduce Exposure to Respirable Dusts in the Construction Industry —A Review. Health and Safety Executive, RR926, 2012, Derbyshire, U.K. http://www.hse.gov.uk/research/rrpdf/rr926.pdf Croteau G, Guffey S, Flanagan ME, Seixas N, The Effect of Local Exhaust Ventilation Controls on Dust Exposures During Concrete Cutting and Grinding Activities. American Industrial Hygiene Association Journal, 2002 63:458-467 http://deohs.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. http://ndep.nv.gov/adrnin/dustpal.pdf Bolander, Peter, ed. 1999. Dust Palliative Selection and Application Guide. Project Report. 9977-1207- SDTDC. San Dimas, CA: U.S. Department of Agriculture, Forest Service, San Dimas Technology and Development Center. http://www.fs.fed.us/eng/pubs/html/99771207/99771207.html Dust Prevention and Control Manual Page 36 Techniques for Fugitive Dust Control — Chemical Suppressants, City of Albuquerque NM, website last accessed on Oct. 25, 2014. littp://www.cabq.gov/airguality/business-programs-permits/ordinances/fugitive-dust/fugitive-dust- control USDA BioPreferred Catalog: Dust Suppressants http_1/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/Proaects.aspx?ProeectId=77 Street Sweeping U.S. Department of Transportation, Federal Highway Administration, Stormwoter Best Management Practices: Street Sweeper Fact Sheet. http://environment.fhwa.dot.gov/ecosVstems/ultraurb/3fsl6.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 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE , 20_ TO: Martin Marietta Materials Inc Gentlemen: You are hereby notified that on the day of 20, the City of Fort Collins, Colorado, has accepted the Work completed by Martin Marietta Materia►s Inc for the City of Fort Collins project, 8320 Aspha►t OverlaV 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 20, 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: City of Fort Co►►ins By: Title: ATTEST: Title: 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/n pdes/swbmp/Construction -Entra nces.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/recordisplaV.cfm?deid=216546#Down load 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. htta://www.arb.ca.Rov/om/fueitivedust 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 Possible Pollutants construction includes, but is not limited to buildings, structures, capital improvements, roadways, and recreational components Sediment such as trails, restrooms, and other structures. Procedures Chemicals provided are general in nature and can be applied to any scale Organics or type of municipal construction. Trash When services are contracted, this written procedure should be Good Housekeeping provided to the contractor so they have the proper operational Waste Management procedures. In addition, the contract should specify that the Employee/Contractor Training contractor is responsible for abiding by all applicable municipal, state, and federal codes, laws, and regulations. Proper Cleanup and Disposal Procedures Procedures Related Procedures . Obtain all applicable federal, state, and local permits for Heavy Equipment and Vehicle construction projects. Maintenance ■ The Colorado Stormwater Construction General Parks and Open Space permit applies to construction sites disturbing one Maintenance acre or more, or less than one acre but part of a larger Spill Prevention and Response common plan of development. Street, Curb, and Gutter Replacement and A larger common plan of development is defined as Construction a contiguous area where multiple separate and Utilities and Storm Sewer distinct construction activities may be taking place at System Replacement and different times on different schedules under one Construction plan. Vehicle Fueling ■ A dewatering permit may be required if construction activities require the removal and discharge of groundwater offsite. ■ A U.S. Army Corp of Engineers (USACE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, erosion control logs, check dams, and vehicle tracking control. Sediment and erosion controls will be Page 1 of 2 • installed and maintained in accordance with approved design criteria and/or industry standards. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Where feasible, grading activities should be scheduled during dry weather. • Best management practices will be periodically inspected and maintained as necessary. • Waste containment for concrete washout, masonry, paint, trash and other potential pollutants will be available when these activities are being conducted. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response. Employee Training Train applicable employees who perform new construction activities on this written procedure. Information regarding how to avoid and report spills will be presented during the training. Periodically conduct refresher training on the SOP for applicable employees who perform new construction activities. Records The following records could be used to document activities performed: • Records of employee training with sign -in sheet. References City of Centennial SOP: New Construction SOP, August 2007. Mesa County, Municipal Operations and Maintenance Program, July 2005. Page 2 of 2 Street, Curb, and Gutter For More Information Name Replacement and Address Construction City, State Phone Description e-mail Procedures involving the replacement and Possible Pollutants construction of streets, curbs, and gutters have the Fine-grained sediment potential to impact stormwater quality. Materials Organics involved in these activities should be used efficiently and disposed of properly. Oil Saw -cut slurry When services are contracted, this written procedure Trash should be provided to the contractor so they have the Good Housekeeping proper operational procedures. In addition, the Dumpster/Waste Management contract should specify that the contractor is responsible for abiding by all applicable municipal, Employee/Contractor Training state, and federal codes, laws, and regulations. Proper cleanup and disposal procedures Procedures Dry cleaning methods General Related Procedures Obtain all applicable federal, state, and local Spill Prevention and Response 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 • 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 Name Address City, State Phone e-mail Possible Pollutants Fine-grained sediment Organics Oil Saw -cut slurry Trash Good Housekeeping Dumpster/Waste Management Employee/Contractor Training Proper cleanup and disposal procedures Dry cleaning methods Street, Curb, and Gutter Maintenance Description Street, curb, and gutter activities include concrete and asphalt installation, maintenance, repair, and replacement; bridge maintenance; and painting and striping. Procedures involving the maintenance of streets, curbs, and gutters have the potential to impact stormwater quality. Materials involved in these activities should be used efficiently and disposed of properly. 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 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 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Martin Marietta Materials Inc (CONTRACTOR) PROJECT: 8320 Asphalt Overlay Protect - 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. Spill Prevention a n d ",For More Information Name Response Address City, State Description Phone Due to the type of work and the materials involved, many e-mail activities that occur either at a municipal facility or as part Possible Pollutants of municipal operations have the potential for accidental spills. Some municipal facilities operate under Spill Chemicals Prevention Control and Countermeasures (SPCC) plans Toxics that include procedures for spill response. Proper spill Oil response planning and preparation enables employees and Paint contractors to effectively respond to problems and Fuel minimize the discharge of pollutants to the storm sewer Good Housekeeping system. Waste Management When services are contracted, this written procedure should be provided to the contractor so they have the Employee/Contractor Training proper operational procedures. In addition, the contract Proper cleanup and disposal should specify that the contractor is responsible for procedures abiding by all applicable municipal, state, and federal Related Procedures codes, laws, and regulations. Fertilizer, Pesticide, and Herbicide Application Procedures Heavy Equipment and Vehicle Spill Prevention Maintenance Keep work areas neat and well organized. Material Storage Materials Management • Maintain a Material Safety Data Sheet (MSDS) for each hazardous chemical. Follow the 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. Spill Response Safety Consider safety at all times. Anticipate and avoid all likely hazards. Never approach, contact, or sample an unknown substance. If a highly toxic or flammable substance is discovered, staff should leave the immediate area and contact the appropriate identified response authority, such as the fire department. If there is any question about a substance, contact the appropriate identified response authority or other designated representative. Procedures • Stop the leading edge of the spill. Block or divert the spill to avoid discharge to the storm sewer system and to minimize the area requiring cleanup. • Determine the source of the spill and stop the spill at its source by closing a valve, plugging a leak, or setting a container upright. Transfer material from a damaged container. • Identify the material and volume spilled. Contact the appropriate identified response authority or other designated representative if you cannot identify the material and its properties. • Refer to the MSDS to determine appropriate personal protective equipment, such as gloves and safety glasses and appropriate cleanup methods. • Clean up spills immediately to prevent spreading of wastes by wind, rain, and vehicle traffic and potential safety hazards. • Use sand absorbents or socks, pillows, or pads to quickly capture spilled liquid and properly dispose of all clean-up materials. Use dry clean-up methods only. • Complete all necessary reports. Page 2 of 4 Spill Reporting • A spill of any chemical, oil, petroleum product, or sewage that enters waters of the state of Colorado (that include surface water, ground water, and dry gullies and storm sewers leading to surface water) must be reported immediately to the Colorado Department of Public Health and Environment. • Release of a substance into a storm drain, or onto a parking lot or roadway as part of a storm sewer leading to surface water, is reportable. However, if the material can be contained and cleaned within the storm sewer system to the degree that a subsequent flow in the storm sewer will not flush the substance to waters of the State, it may not need to be reported. • Contact the appropriate identified response authority within the municipality or other designated representative and be prepared to provide details needed to report the spill to the necessary agencies. • Detailed spill reporting guidance can be found at http:/ /www.cdphe.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. Page 3 of 4 Mesa County, Municipal Operation and Maintenance Program, July 4, 2005. USEPA Menu of BMP: Spill Response and Prevention, cfpub.epa.gov/npdes/stormwater/menuofbmps/, accessed July 5, 2009. Page 4 of 4 For More Information Utility and Storm Sewer Name Address System Maintenance City, State Phone Description This procedure addresses utility and storm sewer system e-mail maintenance. Utilities include power, sanitary sewer, Possible Pollutants water conveyance systems, and the storm sewer system. Sediment Power includes electrical and gas utilities. Maintenance Nutrients of power may require excavation and reinstallation of Metals lines including open cut trenching or directional boring Hydrocarbons in landscaped areas or street right of way. Electrical and Trash gas line maintenance ensures services are provided to businesses and households without interruption. Good Housekeeping Waste Management The sanitary sewer system is cleaned as part of routine maintenance and on an emergency basis. Without Employee/Contractor Training proper maintenance, sanitary sewer back-ups and Proper Cleanup and Disposal overflows may occur and can result in potential property Procedures damage and significant health concerns if not properly Related Procedures managed. Heavy Equipment and Vehicle Water conveyance systems are flushed and pressure .Maintenance tested as part of routine maintenance. Potable water Parks and Open Space systems must be properly maintained to ensure delivery Maintenance of water that meets State and Federal health standards. Spill Prevention and Response 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 HeavyEquipment/Vehicle Maintenance procedure. • Properly dispose of vac truck contents. • Stay alert for any signs of illicit discharges. This includes "dry weather" flows or pipes or hoses emptying directly into waterways or the storm sewer system. • Report any suspicious discharges or dumping to your supervisor. Electrical and Gas Utility Maintenance • To prevent sediment, mud and particles generated by power utility maintenance from entering the stormwater system implement inlet protection, perimeter control, street sweeping, vehicle tracking control, stockpile management and material management BMPs. Restore landscaped or hardscaped areas promptly. Potable Water Line Flushing Remove any debris from the gutter that could wash away with the water. If possible, sweep the flow line before flushing the line. Direct the water so that it is not flowing over exposed soil areas in order to minimize erosion. Water Line Breaks • Contain spoils by building berms or installing rock socks around the area of disturbance. • Dewater the excavation by using a vac truck. • Discharge high chlorine water to the sanitary sewer via the nearest manhole, to a water truck, through a dechlorinating diffuser, or other method of dechlorination. • Remove sediment from the street, curb, gutter and storm inlets as needed immediately following the repair. • Where needed, install a temporary patch or repave as soon as practicable following the repair. • If necessary, revegetate areas as soon as practicable following the repair. Sanitary Sewer Backup • Clear line stoppage to prevent backup into house basements and manhole overflows. Page 2 of 4 Contain overflows by using emergency generator, pump and/or a vac truck to intercept flows. It may be necessary to construct additional containment. Clean up spills by washing and vacuuming the affected areas. Lime may need to be applied for disinfection of affected areas. Lime must be removed once disinfection is complete. Storm Sewer System Pipes, Catch Basins, Inlet and Outlet Structures, and Culverts Clean storm sewer system by manual cleaning or jetting the pipes using a jet/vacuum truck to remove the material. Do not temporarily store collected storm system 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 (USAGE) Section 404 Permit may be needed if the work will be conducted in or impact waters of the United States, including wetlands, washes, drainages, ditches, creeks, streams, and rivers. Page 1 of 3 • Applicable sediment and erosion controls may be installed, such as inlet protection, silt fence, sediment traps, sediment control logs, check dams and vehicle tracking control. Sediment and erosion controls will be installed and maintained in accordance with approved design criteria and / or industry standards. • When saw cutting, ensure that no slurry enters the storm drain. Let the slurry dry, sweep it up, and properly dispose of the sweepings or vacuum while saw cutting. • Where feasible, grading activities will be scheduled during dry weather. • Do not perform concrete or asphalt paving work during wet conditions whenever possible. • Monitor construction equipment for leaks and use drip pans as necessary. • Leaking material containers should be properly discarded and replaced. • Store materials in containers under cover when not in use and away from any storm drain inlet. • Wash out mixers, delivery trucks, or other equipment in the designated concrete washout area only. • Locate concrete washout, portable toilets, and material storage away from storm drain inlets. • Material stockpiles will not be stored in stormwater flow lines. Temporary sediment control will be used during temporary, short-term placement while work is actively occurring. • Sweep or vacuum the roadway as needed, during construction and once construction is complete. • Best management practices will be periodically inspected and maintained as necessary. • Where practicable, non-structural controls will be used, such as phased construction, dust control, good housekeeping practices, and spill prevention and response procedures. Emergency Repair and Replacement Emergency Discharges are defined as situations in which it is not possible to implement all of the available BMPs due to the uncontrolled nature of the discharge. The primary focus during these events is to identify and mitigate the cause as soon as possible. Clean up of resulting sediment or other pollutants will be performed as soon as practicable following the emergency. Refer to the Spill Prevention and Response procedure for reporting requirements. Page 2 of 3 Signed this ATTEST: day of , 20. CONTRACTOR: MARTIN MARIETTA MATERIALS INC Title: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this by Witness my hand and official seal. Notary Public My Commission Expires: day of 20, 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 FOt'tCollins �.. Verification Originator Revised Approved Issued Initials Date LR Oct.09 ss 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater Persons who will City staff who perform power washing, and their supervisor/manager. use this ESOP: A variety of City departments perform power washing. The employee Area of who power washes, and his/her supervisor/manager, will use the application: information in this SOP to guide their power washing, and supply purchasing, activities. Document I:\RGA Division\SOPs\ESOPs location: Revisions Rev. Date 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 City of / FN-;� Verification Originator Revised Approved Issued Initials Date LR Oct.09 ss 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater 1.0 Purpose 1.1 The purpose of this ESOP is to describe the appropriate methods of handling power washing wastewater. 2.0 Scope 2.1 The scope of this ESOP is limited to the description of the allowable methods of the disposal of power washing wastewater and the protection of the storm drainage system; the scope does not include specifics on how to power wash. 3.0 Process 3.1 Power washing wastewater must be prevented from running uncontrolled in the City's storm water system. The system includes streets, inlets, gutters, ponds, creeks, ditches, and the Poudre River. During the power washing activity, ensure the wastewater is controlled by the utilization of the natural slope of the land, or barriers such as inlet covers. Use of barriers on an impermeable surface also requires that the wastewater be vacuumed, collected, and disposed of properly. 3.2 General pollution prevention procedures: A. Use dry methods for surface pre -cleaning, such as using absorbent on small oil spots and sweeping up trash, debris, dirt, and used absorbent before power washing. B. Minimize the amount of water used during power washing activities. C. Avoid using cleaning products that contain hazardous substances (e.g., hydrofluoric acid, muriatic acid, sodium hydroxide, bleach) that can turn wastewater into hazardous waste. 3.3 Prior to power washing, decide on one of the following methods of disposal: D. Landscape --power washing wastewater may be discharged to landscaped areas if the materials used and the material removed are not harmful to vegetation, there is no ponding, and there is no uncontrolled runoff to the stormwater system. E. Wastewater treatment system-- As long as the collected wastewater does not have an oil sheen, has a pH between 5 and 11, and does not contain any hazardous or toxic substances, the wastewater may be disposed of into the City's wastewater treatment system. x If you add anything to the wash water (ie—a cleaning agent) or if you have questions about the content of your power washing wastewater, Revision date: 10/19/2009 Page 2 of 3 City of Fort Collins Regulatory and Government Affairs Division City of FOI'tCollins � Verification Originator Revised Approved Issued Initials Date LR Oct.09 ss 10/19/09 Environmental Standard Operating Procedure (ESOP) ESOP —Power Washing (Pressure Washing) wastewater please contact the industrial pretreatment office at 221-6938. Disposal into the City's wastewater treatment system may be done either by discharging directly to an inside drain, or by pump truck at the Drake wastewater treatment facility. Disposing by pump truck requires a waste hauler's permit, and a 5 cent/gallon fee will be charged. For fee information, or to obtain a permit, contact the industrial pretreatment office at 221-6938. F. Truck the waste to a different waste disposal facility. 3.4 Once wastewater has been collected, visible solids remaining in the collection area must be swept up to prevent future discharges to the storm drain. 3.5 A sewer manhole cover may not be removed for disposal to the wastewater system. 3.6 If you are working in an area that is serviced by a neighboring wastewater district, such as South Fort Collins Sanitation or Boxelder, it is necessary to contact that district's industrial pretreatment coordinator before discharging to their system. 4.0 Training Requirements 4.1 The training requirement associated with this procedure is knowledge of the proper management of power washing wastewater. 5.0 References / Related Documents 5.1 http://www.cdphe.state.co.us/wq/PermitsUnit/PolicyandGuidance/powerwash.pdf 5.2 I:\RGA division\Illicit Discharge Program\Complaint Calls\pressure washing\City power washingguidance.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 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 before the equipment can be moved to the maintenance Metals building, breakdowns, service calls). Toxins Solvents (degreasers, paint Some potential pollutants typically associated with outdoor thinners, etc.) fleet maintenance activities include oil, antifreeze, brake Antifreeze fluid and cleaner, solvents, batteries, and fuels. Consult the Brake fluid and brake pad dust Spill Prevention and Response procedure and the Vehicle Fueling procedure for additional information on those Battery acid 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 If indoor maintenance is not possible, ensure Employee training maintenance is performed in a location where Related Procedures contact with stormwater is minimized, through Heavy Equipment and Vehicle berming and appropriate routing of drainage. Maintenance Provide inlet protection (berms, weighted inlet Material Storage covers, etc.) for all adjacent inlets when work is Spill Prevention and Response occurring in close proximity to a storm drain Vehicle Fueling inlet. Have absorbent pads and drip pans accessible to capture leaks and spills during maintenance activities. Keep equipment clean and do not allow excessive build-up of oil and grease. Page 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/bay or taken to a commercial car wash. Employee Training • Train applicable employees on this written procedure. Information regarding how to avoid and report spills will be presented during the training. • Periodically conduct refresher training on the SOP for applicable employees who perform outdoor vehicle maintenance. Records The following records could be used to document activities performed: Record of any major spills and the action taken. • Records of employee training with sign -in sheet. Heavy equipment and vehicle maintenance logs. Page 3 of 4 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Martin Marietta Materials Inc PROJECT: 8320 Asphalt Overlav Proiect - 2018 Renewal CONTRACT DATE: April 20, 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) 15 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 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 Potential pollutants generated at vehicle maintenance facilities Solvents (degreasers, paint thinness, etc.) include oil, antifreeze, brake fluid and cleaner, solvents, batteries and fuels. Antifreeze Brake fluid and brake pad dust When services are contracted, this written procedure should be Battery acid provided to the contractor so they have the proper operational procedures. In addition, the contract should specify that the Motor oil contractor is responsible for abiding by all applicable municipal, Fuel (gasoline, diesel, kerosene) state, and federal codes, laws, and regulations. Lubricating grease Good Housekeeping Procedures Maintenance activities should be performed inside a maintenance Drip pans building unless the equipment is too large to fit inside or Tarps temporary repairs need to be made before the equipment can be Covered outdoor storage areas moved to the maintenance building. Consult the Outdoor Fleet Secondary containment Maintenance procedure when it is necessary to perform repairs Proper disposal of used fluids outside of the facility (breakdowns, service calls, etc.). Spill cleanup materials Vehicle Storage Dry cleanup methods . Monitor vehicles and equipment closely for leaks and Employee training use drip pans as needed until repairs can be Related Procedures performed. Material Storage • When drip pans are used, check frequently to avoid Outdoor Fleet Maintenance overtopping and properly dispose of fluids. Spill Prevention and Response • Drain fluids from leaking or wrecked vehicles and Street Sweeper Cleaning and from motor parts as soon as possible. Dispose of fluids Waste properly. Vehicle Fueling Vehicle Washing Page 1 of 4 Vehicle Maintenance • Conduct routine inspections of heavy equipment and vehicles to proactively identify potential maintenance needs. • Perform routine preventive maintenance to ensure heavy equipment and vehicles are operating optimally. • Recycle or dispose of all wastes properly and promptly. • Do not dump any liquids or other materials outside, especially near or in storm drains or ditches. Sweep and pick up trash and debris as needed. Body Repair and Painting Whenever possible, conduct all body repair and painting work indoors. • Use dry cleanup methods such as vacuuming or sweeping to clean up all metal filings, dust, and paint chips from grinding, shaving, and sanding, and dispose of the waste properly. Debris from wet sanding can be allowed to dry overnight on the shop floor, then swept or vacuumed. Never discharge these wastes to the storm or sanitary sewer system. • Minimize waste from paints and thinners by carefully calculating paint needs based on surface area and using the proper sprayer cup size. • Do not use water to control over -spray or dust in the paint booth unless this wastewater is collected. This water should be treated and permission granted by the wastewater treatment plant prior to discharge into the sanitary sewer system. • Do not dispose of spray gun cleaner waste in the storm drain. • Use sanding tools equipped with vacuum capability (if available) to pick up debris and dust. Material Management • Store maintenance materials and waste containers (e.g., used oil and antifreeze) in labeled containers under cover or in secondary containment (e.g., double -walled tanks). Chemicals should not be combined in containers. • All hazardous wastes must be labeled and stored according to hazardous waste regulations. • Carefully transfer fluids from collection devices to designated storage areas as soon as possible. Do not store the transferred fluids adjacent to the containers (for example, oil drip pans with used oil in them should not be placed next to the used oil tank). • Store new batteries securely to avoid breakage and acid spills. • Store used batteries indoors or in secondary containment to contain potential leaks. Recycle used batteries. • Conduct periodic inspections of storage areas to detect possible leaks. Page 2 of 4 Do not wash or hose down storage areas except where wash water will enter the sanitary sewer as an approved discharge. Use dry clean-up methods whenever possible. Keep lids on waste barrels and containers, and store them indoors or under cover to reduce exposure to rain. • Periodically inspect and maintain all pretreatment equipment, including sumps, separators, and grease traps to ensure proper functioning. Parts Cleaning Use designated areas for engine, parts, or radiator cleaning. Do not wash or rinse parts outdoors. If parts cleaning equipment is not available, use drip pans or other containment to capture parts cleaning fluids. • Use steam cleaning or pressure washing of parts whenever possible instead of solvent cleaning. • When steam cleaning or pressure washing, only discharge wastewater to an oil/water separator connected to the sanitary sewer. • When using solvents to clean parts, rinse and drain parts over the designated solvent tank so that fluids will not drip or spill onto the floor. Use drip boards or pans to catch excess solutions and divert them back to the tank. Allow parts to dry over the hot tank. • Recycle cleaning solution when it becomes too dirty to use. Never discharge cleaning waste to the sanitary sewer or storm sewer. Vehicle and Equipment Washing • Vehicles should be washed in the municipality's vehicle and equipment wash area/ 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 M 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 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (08/30113) COLORADO DEPARTMENT OF REVENUE Denver CO 80261 - 0009 (303) 238-SERV (7378) Contractor Application for Exemption Certificate Pursuant to Statute § 39-26.708(1),(2),&(3) The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become apart of the structure, highway, road, street, or other public works owned and used by the exempt organization. Departmental Use Only IIIIIIIIIIIIIIIIIIIIIII�gII!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 130172 19999 Any unauthorc-ed use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side.) Send completed forms to: Colorado Department of Revenue; Denver, CO 80261 - 0009 Failure to accurately complete all boxes will cause the application to be denied. Contractor/Account No. (Leave blank if filing for the first time) 89- Period (MM/Vv-MMnv)Q 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 Zip Principal contact at exempt organization -Last Name First Name Middle Initial Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) City State Zip Principal contact's telephone number Scheduled construction start date it M,DD;rv)Q Estimated completion date (r.1M;DDrrv)J; 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 (MM/DD/rv)Q (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. 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 PREVENTION AND CONTROL MANUAL EROSION CONTROL AND INLET PROTECTION SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-5 (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 C11' Y Or' FOR1 COLLINS MUDIfICA I IONS (IZE V 9/99) Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS......................................................I 1.1 Addenda.............................................J 1.2 Agreement.... .... _ ................................ J 1.3 Application for Payment.......................1 L4Asbestos .............................................1 L5Bid .....................................................I 1.6 Bidding Documents, ............................. 1 1.7 Bidding Requirements ..........................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 ............................................ J 1.16 Effective Date of the Agreement.... ....... 1 1.17 ENGINEER.........................................1 1.18 ENGINEER's Consultant ......................1 L19 Field Ordcr1 1.20 General Requirements .........................2 1.21 Hazardous Waste.................................2 1.22.a Laws and Regulations; Laws or Regulations ...................................... 2 L22.b Legal Holidays... ... ........... ................ . 2 1,23 Liens 1.24 ...........::...............:.....................7 Milestone.._.. ..................................... 7 115 Notice of Award..................................2 1.26 Notice to Proceed................................2 1.27 OWNER.............................................2 L28 Partial Utilization ................................ 1,29 PCBs..................................................2 1,30 Petroleum...........................................2 1.31 Project................................................2 1.32.a Radioactive Material,,,,,,,,,,,,,,,,,,,,,,,,,,,2 1.32.b Regular Working Hours .....................2 1.33 Resident Project Representative ...........2 1.34 Samples..............................................2 1.35 Shop Drawings 1.36 .................................... Specifications.....................................2 1.37 Subcontractor ............................. ....... 2 1.38 Substantial Completio........................ 2 1.39 Supplementary Conditions... ................ 2 1.40 Supplier...........:..................................2 1.41 Underground Facilities, .................... 2.3 1.42 Unit Price Work ..... ...... ....................... 1.43 Work..................................................3 1.44 Work Change Directive ........................3 1.45 Written Amendment ...........................3 Page Number 2. PRELIMINARY MATTERS................................3 2.1 Delivery of Bonds .............................3 2.2 Copies of Documents .......................3 2.3 Commencement of Contract Times; Notice to Proceed ............... 3 2.4 Starting the Work.__ .....................3 2.5-2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report; Preliminary Schediles; Delivery of Certificates of Insurance,_ . ..................... ......... 3-4 2.8 Preconstruction Conference,,,,,,,,,,,,, 4 2.9 Initially Acceptable Schedules ....... _4 3. CONTRACT DOCUMENTS: INTENT, AMENDING. REUSE .......................................... 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 Doctments,........ 5 3.6 Supplementing Contract Documents ........:.......................... 5 3.7 Reuse of Documents .........................5 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS., ....................................... 5 4.1 Availability of Lands.....................5-6 4.2 Subsurface and Physical Conditions .................................... 6 4.2.1 Reports and Drawings......................0 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data..................:......................... 6 4.2.3 Notice of Differing Subsurface or Physical Conditions,,,,,,,,,,,,,,,,,, 6 4.2A ENGINEER's Review.......................6 4 2.5 Possible Ccn"ct Documents Change........................... •.............6 4.2.6 Possible Price and Times Adjustments .............................. 4-7 4.3 Physical Cons6tions--Underground Facilities.......................................7 4.3.1 Shown or Indicated... ...... ................ 7 4.3.2 Not Shown or Indicates] ................... 7 4.4 Reference Points7 FJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w; CITY OF FORT COLLINS NIODMCATIONS (REV 9199) Article or Paragraph Page 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 CONTTRACTOR's Liability Insurance ......................................... 9 5.5 OWNER's Liability Insurance ...............9 5.6 Property Insurance ..........................P-10 5.7 Boiler and Machinery or Addi- tional Property Insurance,.................10 5.8 Notice of Cancellation Provision 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts .................... 10 5.10 Other Special Insurance .....................10 5.11 Waiver of Rights................................11 5.12-5.13 Receipt and Application of Insurance Proceeds ............. ........ 10-11 5.14 Acceptance of Bonds and Insa- ance; Option to Replace, ............... 11 5.15 Partial Utilization --Property Insurance ........................................ l l 6. CONTRACTOR'S RESPONSIBILITIES ............... l 1 6.1-6.2 Supervision and Superintendene4....... 11 6.3-6.5 Labe, 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; ENGIlVEF.R's Evaluation.............12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights .........................13-14 6.12 Patent Fees and Royalties,,,,,,,,,,,,,,,,,,„ 14 613 Permits.............................................14 6.14 Laws and Regulations ........................ 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 .............................)5 6.20 Safety and Protection ....................15-16 6.21 Safety Representative ......................... J6 6.22 Hazard Communication Programs,,,,,, 16 6.23 Emergencies .................... ............. ....16 6.24 Shop Drawings and Sam pies..............16 Article or Paragraph Page Number & Title Number 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal .................................... 16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER ...... 16-17 6.27 Responsibility for Variations From Contract Documents,,,,, ....... 17 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals ....................... . . .. . ....„.17 6.29 Continuing the Work......................17 6.30 CONTRACTOR's General Warranty and Guarante-q..............17 6,31-6.33 Indemnification ......................... 17-18 6.34 Survival of Obligations._...............J8 7. OTHER WORK.................................................18 7.1-73 Related Work at Site.......................1$ 7.4 Coordination.................................IS S. OWNERS RESPONSIBILITIES 8.1 Communications to CON- TRACTOR.................................18 8.2 Replacement of ENGINEER ............ 18 8.3 Furnish Data andPay Promptly When Due.. ......... I ...................... is 8.4 Lands and Easements; Reports and Tests18-19 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 Limitations on OWNER'S Responsibilities .... .......................19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material..,...,__.„.,.,,,,.19 8.11 Evidence of Financal Arra ngem ent s. ..... . ...... . . . .............19 9. ENGINEER'S STATUS DURING CONSTRUCTION.............................................19 9.1 OWNER's Representative ,,,,,,,,,,,,,,,19 9.2 Visits to Site. ,..... I ...... I...................19 9.3 Project Representative ...............19-21 9.4 Clarifications and Interpre- tations........................................ 21 9.5 Authorized Variations in 'frk 21 EJCCDC GENERAL. CONDITIONS 1910-8 (1990 EDITION} wt CITY OF FORT COUJNS MODIFICATIONS (REV 9i95) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 9.6 Rejecting Defective Work ...................21 9.7-9.9 Shop Drawings, Change Orders and Payments, ................................... 21 9,10 Determinatims for Unit Prices,,,,,, 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter.. ... 22 9.13 Limitations on ENGINEER's Authority and Responsibilities,,,, 22-23 CHANGES IN THE WORK... ......................... .......... 23 10.1 OWNER's Ordered Change................23 14. 10.2 Claim for Adjustment,, ......... _...........23 10.3 Work Not Required by Contract Documents ..................................... 23 10.4 Change Orders, ..... I—................I........23 10.5 Notification of Surety ... - ...................23 CHANGE OF CONTRACT PRICE .............................23 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work ................................... 23 24 11.4 Cost of the Work ......... ......... ........ 24-25 11.5 Exclusions to Cost of the Work.,,.,,.,., 25 11.6 CONTRACTOR's Fee ........ _............ 25 11.7 Cost Records.................................25.26 11.8 Cash Allowances,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,26 11.9 Unit Price Work................................26 CHANGE OF CONTRACT TIMES ,,,,,,,,,,,,,,,,,,,,,,,,26 12.1 Claim for Adjustment, 26 12.2 Time of the Essence ..........................26 12.3 Delays Beyond CONTRACTOR's Control 26.27 12.4 Delays Beyond OWNERS and CON'TRACTOR's Control................. 27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTNE WORK ................................................. 27 13.1 Notice of Defects�7 13.2 Access to the Work ............................27 13.3 Tests and Inspections; CONTRACTOR's Cooperation,,,,,,,,, 27 13.4 OWNER's Responsibilities; Independent Testing Laboratory ...... .27 13.5 CONTRACTOR's Responsibilities .................. .............27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval.................?7 13.8-13.9 Uncovering Work at ENGI NEER's Request ....... _........... 27-28 13.10 OWNER May Stop the Work_. .......28 13.11 Correction or Removal of Defective Work ...........................28 13.12 Correction Period ............................ 28 13.13 Acceptance ofDefective Work ......... 28 13.14 OWNER May Correct Defective Work..................................... 28-29 PAYMENTS TO CONTRACTOR AND COMPLETION.................................................29 14.1 Schedule of Values .........................29 14.2 Application for Progress Payment...................................... 29 14.3 CONTRACTOR's Warranty of Title 29 14.4-14.7 Review of Applications for Progress Payments ................. 29-30 14.8-14.9 Substantial Completion..................30 14.10 Partial Utilization, ..................... 30-31 14.11 Final Inspection .......................... .31 14.12 Final Application for Payment ........ 31 14.13-14.14 Final Payment and Acceptance ....... 31 14.15 Waiver of Claims ......................31-32 15. SUSPENSION OF WORK AND TERMINATION 32 15.1 OWNER May Suspend Work .......... 32 15.2-15.4 OWNER May Terminate,,,,,,,,,,,,,,,, 32 15.5 CONTRACTOR May Stop Work or Term inate...... .......... 32-33 16. DISPUTE RESOLUTION .................................. 33 17. MISCELLANEOUS ....................................,...... 33 ITT Giving Notice................................33 17.2 Computation of Times, ................... 33 17.3 Notice of Claim..............................33 IT4 Cumulative Remedies 33 17.5 Professional Fees and Court Costs Included �3 17.6 Applicable State Laws................33-34 Intentionally left blank.......................................35 EXHIBIT GC -A: (,Optional) Dispute Resolution Agreement,,,,,,,,,,,,,,,,,,,,,GC-Al 16.1-16.6 Arbitration ............................. .. GC -Al 16.7 Mediation GC -Al iv EICDC GENERA. CONDITIONS 1910.8 (1990 EDITION wt CITY OF FORT COLLMS MODIFICATIONS (REV 9199) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of — Bonds and Insuranc@........................................5.14 defective Work............................10.4.1. 13.5, 13.13 final payment........................................9.12, 14.15 insurance_ ................. ...... _ .............. _., 5.14 other Work, by CONTRACTOR ............................3 Substitutes and "Or -Equal" It=$.....................E.7.1 Work by OWNER..............................�.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. ......................................... 5.20, 9.13.3 OWNER .................................................... 0,20. 8.9 Addenda --definition of (also see definition of Specifications) ...... ,(1.6, 1.10, 6.19), 1.1 Additional Property Insurances ................................. 5.7 Adjustments -- Contract Price or Contract Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2, ....I........................4.5.3, 9.4, 9.5, 10.2-10.4, .........................................U. I2, 14.8. 15.1 progress schedule .............................................. 6-6 Agreement -- definition of...................................................._).2 "All -Risk' Insurance, policy form............................5.6.2 Allowances, Cash....................................................11.8 Amending Contract Documents ................................ 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, OWNER 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 thereto..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definition of.......................................................1.4 Article or Paragraph Number OWNER responsibility for ............................ 4.5.1, 8.10 possible price and times change ....................... 4.5.2 Authorized Variations in Work,,,,,_,,, 3.6, 6.25, 6.27, 9.5 Availability of Lands ......................................... 4.1, 8.4 Award, Notice of--defined......................................1.25 Before Starting Construction_ ............................ �.5-2.8 Bid —definition of... ......... ............ 1.5 (1.1, 1.10, 2.3, 3.3, ................ I ... ....A2.6.4, 6.13. 11.4.3. 11.9.1) Bidding Documents --definition of...................................................1.6 (6.8.2) Bidding Requirements --definition of.........................................1.7 (1.1. 4.2.6.2) Bonds -- acceptance of....................................................5.14 additional bonds..................................10.5, 11.4.5.9 Cast of the Work. definition of.......................................................1.8 delivery of...................................................2.1, 5.1 final Application for Payment,,,,,,,,,,,,,,,, 14,12-14.14 general......................................1.10. 5.1-5.3, 5.13, ........................................9.13, 10.5.14.7.6 Performance, Payment and Othe;...................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, ................................................... )1.8 Certificate of Substantial Completioit........ 1.38. 6.30.2.3, ..................................................14.8, 14.10 Certificates of Inspection ............ ....... 9,13.4, 13.5, 14.12 Certificates of Insurance ............. 2.7, 5.3, 5.4.11, 5.4.13, .......................5.6.5. 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances..............................................11.8 claim for price adjustment....,,,..... 4.1. 4.2.6, 4.5, 5.15, 6.8.2, 9.4 ...................9.5. 9.11, 10.2, 10.5. 11.2, 13.9, .......................13.13, 13.14, 14.7, 15.1, 15.5 CONTRACTOR'S fee.........................................11.6 Cost of the Work general ...............................................11.4-11.7 Exclusions to..............................................11.5 CostRecords ..................................................... )1.7 in general............ J-19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing..........................................11.3.2 Notification of Surety.........................................10.5 Scopeof....................................................10.3-10.4 Testing and Inspection, Uncovering the Work..................................13.9 EJCDC GENERAL CONDITIONS 1910.9 (1990 EDMOI) wt CITY OF FORT COLLINS MODMCATIOM (REV 9199) Unit Price Work ......................................... 11.9 Article or Paragraph Number Value of Work..........................................._......11.3 Change in Contract Times— Claim for times adjustm eat ........ 4.1, 4.2.6, 4.5, 5.15. ........ 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, ...... 1.,13.9,13.13,13.14,14.7.15.1,15.5 Contractual time limit;............................:.,,.....12.2 Delays beyond CONTRACTORS control........................................................12.3 Delays beyond OWNERs and CONTRACTOR's control.............................12.4 Notification of surety......................................... 10.5 Scope of change........................................10.3-10.4 Change Orders -- Acceptance ofDefecrive Work ..........................13.13 Amending Contract Docum ents ..........................3.5 Cash Allowances..............................................11.8 Change of Contract Price., ................ ............ ...... 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.....................................................4.23 ENGINEER's responsibility....... 9.8, 10.4, 11.2, 121 execution of.....................................................10.4 Indemnifrction .........................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 ............. .......................... 10.3-10.4 Substitutes,... . ........... ............. ......... 6.7.3,6.8.2 Unit Price Work...............................................11.9 value of Work, covered by.................................11.3 Changes in the Work......... ....... ......... .......JO Notification of surety ....................... .........10.5 OWNEWs and CONTRACTORS responsibilities .... ..... ..:..... I ... .,..,.,......... ....... 0.4 Right to an adjustment....................................10.2 Scope of change........................_...............10.3-10.4 Claims -- against CONTRACTOR....................................6.16 against ENGINEER.........................................6.32 against OWNER . ........... 32 Change of Contract Price ........................... 9,4. 11.2 Change of Contract Times ..........................9.4, 12.1 CONTRACTORS ............. 4, 7.1, 9.4, 9.5, 9.11, 10.2, ..........................11.2 IL9, 12.1, 13.9, 14.8, ............................................15.1, I5.5, 17.3 CONTRACTOR's Fee.......................................11.6 Article or Paragraph Number CONTRACTORS liability ........... 5.4, 6.1Z, 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 interpreto;...................... PA I Lump Sum Pricing.........................................11.3.2 Noticeof..........................................................17.3 OWNERs................... PA 9.5. 9.11, 10.2. 11.2, 11.9 ........................12.1,13.9,13.13.13.14,17.3 OWNER's liability .............................................. 5.5 OWNER may refuse to make payment.................)4.7 Professional Fees and Court Costs Included......................................................17.5 request for formal decision cm., .......................... ?,I I Substitute Items.............................................¢.7.1.2 Time Extension ....... ..... ................ ... .................12.1 Time requirements....................................9.1I, 12.1 Unit Price Work.............................................11.9.3 Valueof ....................................... .................... 1,1.3 Waiver of --on Final Payment ................. J4.14, 14.15 Work Change Directive.....................................10.2 written notice required ......................9.11, 11.2, 12.1 Clarifications and Interpretation* ...........,.3.6.3, 9.4, 9.11 CleanSite............................................................6..17 Codes of Technical Society, Organization orAssociation..................................................3.3.3 Commencement of Contract Tim e4..........................7.3 Communications-- general..............................................6.2, 6.9.2, 8.1 Hazard Communication Programs,,,,,,,,,,,,,,,,,,,,,.0.22 Completion — Final Application for Paym ent ..........................14.12 Final Inspection..............................................14.11 Final Payment and Acceptance ...............14.13-14,14 Partial Utilization ............ ............................... 14,10 Substantial Completion ...................... 1,38. 14.8-14.9 Waiver of Claims............................................14.15 Computation of Times., ...... .......... 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others ................................................. 6. MA 1 Conferences -- initially acceptable schedules .............................. 2.9 preconstruction ... ..................................... ........... 2.8 Conflict, Error, Ambiguity, Discrepancy - CONTRACTOR to Report ..........................2.5, 3.3.2 Construction, before starting by CONTRACTOR. . ...... ................................... 2. 5-2. 7 Construction Machinery. Equipment, etc .................. 6.4 Continuing the Work .................................... 6,29, 10.4 Contract Documents -- Amending..........................................................3.5 Bonds............................................................. 5.1 EXMC CENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CTTY OF FORT COLLINS MODIFICATIONS (REV 9/99) Cash Allowances 11.8 ............................................... Article or Paragraph Number Change of Contract Price ................................... Al 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 ................... .11 ENGINEER as OWNER's representative..............9.1 general3 Insurance...........................................................5.3 Intent........................................................3.1-3.4 minor variations in the Work..............................3.6 OWNER's responsibility to furnish data .............. 8.3 OWNER's responsibility to make prompt payment ..........................?.3, 14.4, 14.13 precedence................................................3.1, 3.3.3 Record Documents............................................6.19 Reference to Standards and Specifications of Technical Societies ................................... 3.3 Related Work.....................................................7.2 Reporting and Resolving Discrepancies ........ 2.5. 3.3 Reuseof.. ........................ ................................. 3.7 Supplementing..................................................3.6 Termination of ENGINEER's Employment .......... 8.2 Unit Price Work...............................................11.9 variations ......................................... 3.6, 6.23, 6.27 Visits to Site, ENGINEER's ............................... 9.2 Contract Price -- adjustment of .............. 3.5. 4.1. 9.4, 10.3, 11.2-11.3 Changeof..........................................................11 Decision on Disputes........................................9.11 definitionof.....................................................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......................................6.2, 6.9.2 Continue Work........................................6.29, 10A coordination and scheduling............................4.9.2 definition of 1.13 Limited Reliance on Technical Data Authorized.........................................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..................................4.5.2 CONTRACTOR's— Article or Paragraph Number Compensation...........................................11.1-11.2 Continuing Obligation.....................................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 .............................. .3 Differing condition*. .... ............................. 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 Plug..........................j 1.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee ........... ............ 6,30 Hazard Communication Programs .....................6.22 Indemnification ......................... .12, 6.16, 6.31-6.33 Inspection of the Work ............................... 7.3, 13.4 Labor, Materials and Equipment ............. ...... 0.3-6.5 Laws and Regulations, Compliance by.... ... -..... .14.1 Liability Insurance, ........................................... _5A Notice of Intent to Appeal.........................9.10, 10,4 obligation to perform and complete theWork....................................................0.30 Patent Fees and Royalties, paid for by................§.12 Performance and Other Bonds. ............................ 5.1 Permits, obtained and paid for by,,,,,,,,,,,,,,,,, , 6.13 Progress Schedule ...........................2.6. 2.8, 2.9, 6.6, ........................................ 6.29, 10.4, 15.2.1 Request for formal decisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities -- Changes in the Work..................................10.1 Concerning Subcontractors, Suppliers and Others ...................................... 6.8-6.11 Continuing the Work .......... ................ 0,29, 10.4 CONTRACTOR's expense,,,,,,.-„,,,,,,,,,,,,,,,, 6.T1 CONTRACTOR's General Warranty and Guarantee.......................................6.30 CONTRACTOR's review prior to Shop Drawing or Sample submittal ................0.25 Coordination of Work................................6.9.2 Emergencies, ........ L .............. ........ ......... 6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items.............................6.7.3 For Acts and Omissions of Others ............................. 6.9.1-6.9.2, 9.13 for deductible amounts.insuranck..................5.9 general........................................6, 7.2, 7.3, 8.9 Hazardous Communication Programs........,, 6.22 Indemnification 6.31-6.33 vii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATSONS (REV 9J99) Labor, Materials and Equipment .............0.3-6.5 CONTRACTORS --other ... ........................................... 7 Laws and Regulations, ................................. 6.14 Contractual Liability Insurance. ............................. 5..4.10 Liability Insurance.........................................5A Contractual Time Limits. ................. ....................... 12.2 Article or Paragraph Number Notice of variation from Contract Documents ........................................... 6.27 Patent Fees and Royalties............................6.12 Permits ............... ....................................... 6.13 Progress Schedule, ........................................ 6.6 Record Doewnents...................................... 6.19 related Work performed prior to ENGINEER's 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 Sample*........................4.24 Shop Drawings and Samples Review by ENGINEER ..................................... 6.26 Site Cleanliness 617 Submittal Procedures...................................6.25 Substitute Construction Methods and Procedures .................................... 6.7.2 Substitutes and "Or -Equal" Items................0.7.1 Superintendence ........................................... 6.2 Supervision.................................... ,............. 6.1 Survival of Obligations................................6.34 Taxes.........................................................615 Tests and Inspections..................................13.5 ToReport ......................................................2.5 Use of Premises .....................6.16.6.18, 6,30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................................ 6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim,.,,,,,,,,. 4, 7.1, 9A, 9.5. 9.11. 10.2,11.2, ...... ,... 11.9. 12.1. 13.9. 14.8, 15.1. 15.5, 17.3 Safety and Protections ................. 6.20-6.22, 7.2. 13.2 Safety Represenative....................................... 6.21 Shop Drawings and Samples Submittals,,,, 6.24-6.28 Special Consultants__ .... ............... .............. 11.4.4 Substitute Construction Methods and Procedureg, 6.7 Substitutes and "Or -Equal" Items, Expense .......................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others ........ ..6.8-6.11 Supervision and Superintendence ......... 6.1, 6.2, 6.21 Taxes, Payment by............................................415 Use of Premises ........................................ 6.16-6.18 Warranties and guarantees ......................... 6.5, 6.30 Warranty of Title..............................................14.3 Written Notice Required -- CONTRACTOR stop Work or terminate ....... 15.5 Reports of Differing Subsurface and Physical Conditions ....................... 4.2.3 Substantial Completion................................14.8 viii Article or Paragraph Number Coordination— CONTRACTOR's responsibility ........................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 ofDefective Work...........................13,13 Correction or Removal of Defective Work ..... ........ ___ ....... .... 6.30, 13.11 Correction Period............................................13.12 OWNER May Correct Defective Work..............j3.14 OWNER May Stop Work.................................13.10 Cost -- of Tests and Inspections....................................13.4 Recordsl1.7 Cast of the Work -- Bonds and insurance, additional ...................11.4.59 Cash Discounts..............................................11.4.2 CONTRACTOR'S Fee.......................................11.6 Employee Expenses......................................11.4,5.1 Exclusions to.....................................................11.5 General 11.4-11.5 Home office and overhead expenses...................11.5 Losses and damages.....................................11.4.5.6 Materials and equipment................................11.4.2 Minor expenses...........................................11.4.5.8 Payroll costs on changes.................................11.4.1 performed by Subcontractors...... ...... _ ....... _.J.1.4.3 Records 11.7 Rentals of construction equipment and machinery ...................................... 11.4.5.3 Royalty payments, permits and license fees., . ..................... ............ ...... J 1.4.5.5 Site office and temporary facilities ................11.4.5.2 Special Consultants, CONTRACTOR'S............ J I AA Supplem ental.................................................11.4.5 Taxes related to the Work............................11.4.5.4 Tests and Inspection ............................. ......13.4 Trade Discounts 11 A.2 Utilities, fuel and sanitary facilities ..............11.4.5.7 Work after regular hours.................................11.4.1 Covering Work ........................................... .... 13.6-13.7 Cumulative Remedies.....................................17.4-17.5 Cutting, fitting and patching, .............................. 11 ... 7.2 Data, to be furnished by OWNED ........... ................... $.3 Day --definition of............ ....................... ............. 17.2.2 Decisions on Disputes .................................... 9.11, 9.12 defective --definition of ............................. :............. 1.14 defective Work -- Acceptance of.......................................10.4.1. 13.13 EK DC GENERAL CONDMONS 1910-8 (1990 EDITION) w/ afy of FORT COLLINS MODIFICATIONS (REV 9199) Correction or Removal of„10.4.1, 13.11 Correction Period............................................13,12 in general,, . ..................................... 13, 14.7, 14.11 Article or Paragraph Number Observation by ENGINEER ............................... 9.2 OWNER May Stop Work, ................................ 13.10 Prompt Notice of Defects ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,13.1 Rejecting...........................................................9.6 Uncovering the Work ....................................... J3.8 Definitions................................................................ I Delays .................. I ...... I ............ U. 6.29, 12.3-12.4 Delivery of Bonds.....................................................2.1 Delivery of certificates of insurance ............................7.7 Determinations for Unit Prices ................................ 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 genera)16 Mediation........................................................16.6 Dispute Resolution Agreement......................_.J.6.1-16.6 Disputes, Decisions by ENGINEER ...................9.11-9.12 Docum ents-- Copiesof...........................................................7.2 Record 6.19 Reuseof .... ......... .................... ...................... __33 Drawings -.definition of..........................................1.15 Easements.............................................................4.1 Effective date of Agreement -- definition of . ............. J 16 Em ergencies...........................................................6, 23 ENGINEER — as initial interpreter on disputes .................9.11-9.12 definition of.....................................................1.17 Limitations on authority and responsibilities.....9.13 Replacementof, ................................................. 8.2 Resident Project Representative ...........................93 ENGINEER's Consultant -- definition of ..................1.18 ENGINEER's-- authority and responsibility, limitations on .......9.13 Authorized Variations in the Work ....................9.5 Change Orders, responsibility for...... 9.7. 10. 11, 12 Clarifications and Interpretations ...............3.6.3, 9.4 Decisions on Disputes 9.11-9,12 defective Work, notice of..................................13.1 Evaluation of Substitute Items ............ .............. ¢.7.3 Liability ...................................................0.32, %12 Notice Work is Acceptablq........ ...................... 14,13 Observationg...................................... _0.30.2, 9.2 OWNER's Representative........ I...........................9.1 Payments to the CONTRACTOR, Responsibility for.....................................9.9, 14 Recommendation of Payment ................. _14.4, 14.13 Article or Paragraph Number Responsibilities --Lim itations ort................ 9.11413 Review of Reports on Differing Subsurface and Physical Conditions..............................4, .2.4 Shop Drawings and Samples, review responsibility .............................................. 6.26 Status During Construction -- authorized variations in the Wcrls .................9.5 Clarifications and Interpretation$..................9.4 Decisions on Disputes ................... ....... 9.11-9.12 Determinations on Unit Price......................9.10 ENGINEER as Initial Interpreter .......... 9.11-9.12 ENGINEER's Responsibilities ................9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities— ..... I.....................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 Equipment ........................0.7 error or omissions..................................................0.33 Evidence of Financial Arrangements .......................?.I l Explorations of physical conditicns ....................... 4.2.1 Fee, CONTRACTOR's—Costs Plus ...........................11,6 Field Order — definition of., ................................................... 1.19 issued by ENGINEER ................................ 3.6.1. 9.5 Final Application for Payment...............................14.12 FinalInspection., ................................................. J4.11 Final Payment — and Acceptancq................................... ..14.13-14.14 Prior to, for cash alloiwnces..............................11.8 General Provisions ........... ............................... 17.3-17.4 General Requirements — definition of ............. ...... ...... .......... .................1.20 . principal references tp..............7.6, 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.....................................................1.21 general.............................................................4.5 OWVER's responsibility far ............................... .10 EKDC GENERAL CONDITIONS 1910-8 (1"0 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9Mk) SECTION 00300 BID FORM Indemnification ... ....... ....... .......... _6.IZ 6.16, 6.31.6.33 Initially Acceptable Schedules..................................2.9 Inspection-- Certificatesof..............................9.13.4, 13.5, 14.12 Final............ ...............................................14.11 Article or Paragraph Number Special, required byENGINEER .............. _........9.6 Tests and Approval ............................ 8.7, 13.3-13.4 Insurance -- Acceptance of, by OWNER...............................5.14 Additional, required by changes in the Work...........................................11.4.5.9 Beforestarting the Work.....................................2.7 Bonds and --in general..........................................5 Cancellation Provisions ..................................... 5.8 Certificates of....................2.7. 5, 5.3, 5.4,11, 5.4.13. ....................... 5.6.5, 5.8, 5.14, 9.13A, 14,12 completed operations.....................................5.4.13 CONTRACTOR's Liability ..................................5.4 CONTRACTOR's objection to coverage.............5,14 Contractual Liability......................................5.4.10 deductible amounts, CONTRACTOWs responsibility .......................... ...........5.9 Final Application for Payment...... ................... 14.12 Licensed Insurers...............................................5.3 Notice requirements, material changes 5.8, 10.5 Option to Replace .............................................5.14 other special insurances ................................... 5.10 OWNER as fiduciary for insureds,,,,,,,,,,,,,, 5.12-5.13 OWNER's Liability............................................5.5 OWNER's Responsibility.....................................8.5 Partial Utilization, Property InsurancF..............5.15 Property........ ...............,.,...........................5,6-5,10 Receipt and Application of Insurance Proceeds..............................................5.12-5,13 SpecialInsurance.............................................5,10 Waiver of Rights..............................................5.11 Intent of Contract Documents..............................3.1-3.4 Interpretations and Clarifications .....................3.6.3, 9:4 Investigations of physical conditions... ......................4.2 Labor, Materials and Equipment.,.._.__.................0.3-6.5 Lands -- and Easements...................................................$.4 Availability of_ . ........................................... 4.1,8.4 Reports and Tests...............................................8A Laws and Regulations --Laws or Regulations-- Bonds........................................................5.1-5.2 Changes in the Work........................................10.4 Contract Documents ............................ .............. �.1 CONTRACTOR's Responsibilities .....................0.14 Correction Period, defective Work....................13.12 Cost of the Work, taxes...............................11.4.5.4 definition of .............................. ....................... 1.22 genera16.14 Indemnification, .... .................................. 6.31-6.33 Insurance ................................ Precedence ................................................3.1. 3.3.3 Referenceto.....................................................3,3.1 Safety and Protection,,,,,,,,,, 5.20, 13.2 Subcontractors, Suppliers and Others ........... 6.8-6.11 Article or Paragraph Number Tests and Inspections..:................................13.5 Useof Premises.................................................0.16 Visits to Site.......................................................9.2 Liability Insurance-- CONTRACTORs............................................... 5.4 OWNER s...........................................................5.5 Licensed Sureties and Insurers ................................. 5.3 Liens -- Application for Progress Payment.......................14.2 CONTRACTOR's Warranty of Title_ . ................. 14.3 Final Application for Payment ..........................14.12 definition of......................................................1.23 Waiver of Claims14.15 Limitations on ENGINEER'S authority and responsibilities .................................... . .............9.13 Limited Reliance by CONTRACTOR Authorize.......................................................4.2.2 Maintenance and Operating Manuals -- Final Application for Payment......................14.12 Manuals (of others) -- Precedence....................................................3. 3.3.1 Reference to in Contract Documents ..................3.3.1 Materials and equipment -- furnished by CONTRACTOR...............................0.3 not incorporated in Work ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,14.2 Materials or equipment --equivalent ...........................0.7 Mediation (Optional)..............................................16.7 Milestones --definition of ......................................... 1.24 Miscellaneous -- Computation of Times.......................................17.2 Cumulative Remedies........................................17.4 Giving Notice ....................................................17.1 Notice of Claim.................................................17.3 Professional Fees and Court Costs Included__ .... 17.5 Multi -prime contracts ................................................. 3 Not Shown or Indicated, ......... .............................. 4.3.2 Notice of -- Acceptability of Project.....................................14.13 Award, definition of.. ......... ...................... ...... 1.25 Claim .......................... ..1.7.3 Defects,13.1 Differing Subsurface or Physical Condition;,,,,,, 4.2.3 Giving............................................................1.7.1 Tests and Inspections........................................13.3 Variation, Shop Drawing and Sample,,,,,,,,,,,,,,,,,0.27 Notice to Proceed — definition of......................................................1.26 giving of ........................................................ :.3 ... EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Notification to Surety..............................................10.5 Observations, by ENGINEER............................0.30, 9.2 Occupancy of the Work,,,,,,,,,,,,,,,,,,, 5.15, 6.3U.4, 14.10 Omissions or acts by CONTRACTOR...............0.9, 9.13 Open Peril policy form, Insurance .................... _,...5.6.2 Option to Replace .......................... _........................5.14 Article or Paragraph Number "Or Equal" Items......................................................6.7 Other work 7 Overtime Work --prohibition of.................................6.3 OWNER -- Acceptance of defective Work...........................13.13 appoint an ENGINEER ...................................... 8.2 as fiduciary ... ............................................ 5.12-5.13 Availability of Lands, responsibility .................... 4.1 definition of 1.27 data, furnish .............................................. ..... I_5.3 May CorrectDgfective Work..............................13.14 May refuse to make payment.............................a4.7 May Stop the Work.........................................13.10 May Suspend Work, Terminate,,,,,,,,,,,,,,,, ,,,,,,,,,,,,$.8, 13.10, 15.1-15.4 Payment, make prompt. ....................$.3, 14.4. 14.13 performano: of other work... ............................... 7.1 permits and licenses, requirements...................4.13 purchased insurance requirements,,,,,,,,,,,,,, ................ OWNERS— Acceptance of the Work..............................6.30.2.5 Change Orders, obligation to execute,.,..,,.,, 8.6, 10.4 Communications 8.1 Coordination of the Work 7.4 Disputes, request for decision............................9.11 Inspections, tests and approval* ................ _F.7, 13.4 Liability Insurance ............................................. 5.5 Notice of Defects0.1 Representative --During Construction, ENGINEER's Status......................................9-1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................. 8.10 Change Orders.............................................. 8.6 Changes in khc Work........_.... I....................10.1 communications............................................ 8.1 CONTRACTOR's responsibilities ................. 8.9 evidence of financial arrangements...............$.I] inspections, tests and approval* ......... ............8.7 insurance ....................................................... 8.5 lands and easements ...................................... 8.4 prompt payment by ........................... I ....... I.... 8.3 replacement of ENGINEER .................. ......... 8-2 reports and tests, ............. ­ ...........................8.4 stop or suspend Work.................8.8, 13.10, 15.1 terminate CONTRACTOR's services..........................................8.8, 15.2 separate representative at site .................. ............9.3 testing, independent...................................I.....13.4 use or occupancy of the Work .........................5,15, 6.30.2.4, 14.10 written consent or approval required.........................................9.1, 6.3, 11.4 fi. W GENERAL CONDMONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99.) Article or Paragraph Number written notice required, ........................ 7.1, 9.4, 9.11, ....... ... I...............I.........11.2, 11.9, 14.7, 15.4 PCBs -- definition of... .................................................. 1.29 general..............................................................4.5 OWNER's responsibility for., ................ ........ 8.10 Partial Utilization -- definition of........................:............................1.28 general 6.30.2.4, 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 ..................14.3 Final Application for Payment .........................14.12 Final Inspection.............................................14.11 Final Payment and Acceptance. .............. J4.13-14.14 general.........................................................$.3, 14 Partial Utilization14.10 Retainage..........................................................14.2 Review of Applications for Progress Payments ....... ................ ........ 14.4-14.7 prompt payment . ................................................. $.3 Schedule of Values...........................................14.1 Substantial Completion .............. ................. 1,4.8-14.9 Waiver of Claims, ........................................... 14.15 when payments due ................................ 14.4, 14.13 withholding payment........................................14.7 Performance Bonds_ .......................................... 5.1-5.2 Permits............................................................. ¢.13 Petroleum -- definition of......................................................1.30 general...........................::.................................4.5 OWNER's responsibility for ............. .................8,10 Physical Conditions -- Drawings of, in or relating tq........................ 4.2.1.2 ENGINEER's review ........................................ 4.2.4 existing structures.... ........ __ ................ _ ........... 4.12 general4.2.1.2 ..... . ............................. .............. Notice of Differing Subsurface or,.....................4.2.3 Possible Contract Documents Change,,,,,,,,,,,,,,, 4.2.5 Possible Price and Times Adjustments_ .......... A.2.6 Reports and Drawings......................................4.2.1 Subsurface and,...................................................4.2 Subsurface Conditions...................................4.2.1.i Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4.2.2 Underground Facilities— general.........................................................4.3 Not Shown or indicaed..............................4.3,2 Protection of........................................4.3, 6.20 Article or Paragraph Number Shown or Indicated ................................................ 4.3.1 Technical Data ............................................... 4.2.2 Preconstruction ConferenoF.......................................2.8 Preliminary Matters.....................................................7 Preliminary Schedules...............................................2.6 Premises, Use of ............................................. 6.16-6.18 Price, Change of Contract..........................................I I Price, Contract --definition of..........:.......................1.11 Progress Payment, Applications fb;.......................... J4.2 Progress Payment--retainage...................................14.2 Progress schedule. CONTRACTORs............ 2.6. 2,8.2.9. ................................. 6.6. 6.29, 10.4. 15.2.1 Project --definition of .............................. 1.31 Project Representative— ENGINEER's Status During Construction,,,,,,,,,,,, 9.3 Project Representative, Resident --definition of .........1.33 prompt payment by OWNER ..................................... 8.3 Property Insurance-- Additional.........................................................5.7 general5.6-5.10 Partial Utilization, ............................... 5.13, 14.10.2 receipt and application of proceeds ............ 5.12-5.13 Protection, Safety and .............................. ¢.20-6.21, 13.2 Punchlist..........................................................1.4.11 Radioactive Material-- defintionof..................::..................................1.32 genera14.5 OWNER's responsibility for...............................$.10 Recommendation of Payment................14.4, 14.5, 14.13 Record Documents ........................................ 6.19, 14.12 Records, procedures for maintaining ..........................7.8 Reference Points.......................................................4.4 Reference to Standards and Specifications of Technical Societies,__ ................................... 3.3 Regulations, Laws and (or) ....... .... .............. ...... 6.14 Rejecting Defective Work..........................................9.6 Related Work -- atSite........................................................7.1-7.3 Performed prior to Shop Drawings and Samples submittals review,,,,,,,,,,,,,,,,,,,, 6.28 Remedies, cumulative......................................17.4, 17.5 Removal or Correction ofDefective Work................)3.11 rental agreements, OWNER approval requireO ....11.4.5.3 replacement of ENGINEER, by OWNER, ................... $.2 Reporting and Resolving Discrepancies__............................2.5, 3.3.2, 6.14.2 Reports -- and Drawings.................................................4.2.1 and Tests, OWNER's responsibility ..................... 8 4 Resident and Project Representative-- definition of....................................................1.33 provision for............................................................9.3 X4 EJCW GENERAL CONDITIONS 1910-9 (1990 EI)MON) w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9199) Article or Paragraph Number Resident Superintendent, CONTRACTORs................ 6.2 Responsibilities-- CONTRACTORs-in general .,................................ 6 ENGINEERs-in general ........................................ Limitations on.- ........................... 9-13 OWNERS -in general.............................................8 Retainage............................................................1.4.2 Reuse of Documents, ................................................. 3.7 Review by CONTRACTOR Shop Drawings and Samples Prior to Submittal .........................f.25 Review of Applications for Progress Payments ....................... ................ 14.4-14.7 Right to an adjustment...........................................10.2 Rightsof Way..........................................................4.1 Royalties, Patent Fees and......................................6.12 Safe Structural Loading..........................................6.18 Safety -- and Protection................................4.3.2. 6.16, 6,18, ........ ........... ...... ............. 6.20-6.21, 7.2, 13.2 general....................................................6.20 6.23 Representative, CONTRACTORS ......................6.21 Samples -- definition of......................................................1.34 general....................................................6.24-6.28 Review by CONTRACTOR ............................... 6.23 Review by ENGINEER..............................6.26, 6.27 related Work.....................................................0.28 submittal of....................................................6.24.2 submittal procedures.........................................0.25 Schedule of progress.............................2.6, 2.8-2.9, 6.6, .........................................6.29, 10A, 15,2.1 Schedule of Shop Drawing and Sample Submittals..............................X6, 2.8-2.9, 6.24-6.28 Schedule of Values..............................2.6, 2.8-2.9, 14.1 Schedules — Adherence to..................................................15.2.1 Adjusting...........................................................0..6 Change of Contract Times,,,,,,,..........................10.4 Initially Acceptable ...................................... 2.8,19 Preliminary........................................................2.6 Scope of Changes.... .................................. J03-10.4 Subsurface Conditions4.2.1.1 Shop Drawings -- and Samples, general., .................... .........6.24-6.28 Change Orders & Applications for Payments, and .................... .................... 9.7-9.9 definition of......................................................1.35 ENGINEER's approval of ................................ 3.6.2 ENGINEER's responsibility for review ..................................... 9.7, 6.24-6.28 related Work.....................................................6.28 review procedures...............................2.8, 6,24-6.28 Article or Paragraph Number submittal required ........................ ....... 6.24.1 Submittal Procedures.........................................6.25 use to approve substitution$ .............................. 6.7.3 Shown or Indicated...............................................4.3.1 Site Access......................................................7.2, 13.2 SiteCleanlines....................................................... 0.17 Site, Visits to -- by ENGINEER ........................................... 2, 13.2 byothers .......................................................... 13.2 "special causes of loss" policy form, insurance........................................................5.6,2 definition of. .................................................... 1.36 Specifications— defmation of....................................................1.36 of Technical Societies, reference to,,, ................ 33,1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Before ....................... ....... � 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 .............................. _ ........ .18 Subcontractor — Concerning,,,,,,,,,,,,,,,,,,,,,, ,,,6.8-6.11 ....................... definition of.....................................................1.37 delays.............................................................12.3 waiver of rights................................................6. I l Subcontractors --in general.................................6.8-6.11 Subcontracts --required provisions........, 5.11, 6,11, 11.4.3 Submittals — Applications for Payment.................................14.2 Maintenance and Operation Manual*...............14.12 Procedures.......................................................0, 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 DrawingA........................................ 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...............................&7 CONTRACTOR's Expense............................0.7.1.3 ENGINEERs Evaluation.................................6.7.3 "Or-Equal"...................................................6.7.1.1 Substitute Construction Methods xiii EJCDC GENERAL CONDITIONS 1910-9 (1990 EDITION w/ CITY OF FORT COLUNS MODMCA77ONS (REV 91") Article or Paragraph Number or Procedures.. ...... .................................... 6 7.2 Substitute Items.. • ......................................... 6.7,1.2 Subsurface and Physical Conditions -- Drawings of, in or relatiig to••,.-•,•--,,,-.-,•--,-•• 4.2.1.2 ENGINEERs Review .......... ............................. .2.4 general..............................................................4.2 Limited Reliance by CONTRACTOR Authorize4................................................ 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....................4.2.1.1 Technical Data...............................................4.2.2 Supervision-- CONTRACTOR's responsibility .......•....................0.1 OWNER shall not supervis................................. 8.9 ENGINEER shall not supervis@................ 9.2, 9.13 2 Superintendence•......................................................0.2 Superintendent, CONTRACTORs resident ...............6.2 Supplemental costs, .............................................. 11.4.5 Supplementary Conditions -- definition of_ . ................................................. J39 principal references to•,•••,••••••••-••1.10, 1.18, 2.2, 2.7, ••••„•„-••••,-••••,•, 4.2„ 4.3, 5.1„ 5.3, 5.4. 5.6-5.9. ......•••....... 5.11, 6.8. 6.13, 7.4. 8.11, 9.3, 9.10 Supplementing Contract Document*.. ......... ............. 8.6 Supplier — definition of.....................................................1.40 principal references to ............6.5, 6.8-6.11, 6,20, ...... -.1................................0.24.9.13. 14.12 Waiver of Rights ............. .................................. 6.11 Surety — consent to final payment ....................... 34.12, 14.14 ENGINEER has no duty to................................9.13 Notification of.................................10.1, 10.5, 15.2 qualification of.............................................5.1-5.3 Survival of Obligations .......... ..................................f>-34 Suspend Work, OWNER May.......................J110, 15.1 Suspension of Work and Termination- ............... .......15 CONTRACTOR May Stop Work or Terminate...............................................15.5 OWNER May Suspend Work ..............................( 5.1 OWNER May Terminate . ............................ 15.2-15.4 Takes --Payment by CONTRACTOR .........................0.15 Technical Data -- Limited Reliance by CONTRACTOR ................ 4.2.2 Possible Price and Times Adjustment* .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions .................................... 4.2.3 xiv Temporary construction facilities.,....... I ....... — .......... .1 Article or Paragraph Number Term ination-- by CONTRACTOR...........................................15.5 by OWNER........................................8.8,15.1-15.4 of ENGINEERs employment ..... ..:. ............. ........0.2 Suspension of Work-in general......................••,,...15 Termsand Adjective;..............................................3A Tests and Inspections -- Access to the Work, by others ...........................13.2 CONTRACTORS responsibilities .......................13.5 cost of 13A covering Work prior t4..............................13.6-13.7 Laws and Regulations(or)....... ........... ............. 13.5 Notice of Defects• ............................................... 13.1 OWNER May Stop Work .......................... .......13.10 OWNER's independent testing ..........................13.4 special, required by ENGINEER.. ........................ 9.6 timely notice required ...................... •...............13.4 Uncovering the Work, at ENGINEERs request...............................................13.8-13.9 Times — Adjusting. .... . .. .................................. . .. . .............0.6 Change of Contract.............................................12 Computation of................................................17.2 Contract Times --definition of ...........................1.12 day..........................................................1,7.2,2 Milestones..........................................................12 Requirements-- appeals..................................................9.10, 16 clarifications, claims and disputes -................. 9.11, 11.2, 12 Commencement of Contract Time;-••,-•-„--,-.-. 2.3 Preconstruction Conference ............................8 schedules... ....... . ............................. 2A, 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... ................ ...................................... 11.9.3 definition of ............................1.42 general 11,9, 14.1, 14.5 Unit Prices-- generall 1.3.1 Determination for.............................................9.10 Use of Premises................................6.16, 6.18. 630.2,4 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 ...................... ..................... .6, 2.8-2.9, 14.1 EJCDC GENEM COMMONS 19104 (1990 EDMON) wi CITY OF FORT Cams MODIFECA ms (REv 9J99) Variations in Work --Minor Authorized ....................................... 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER ................................... 9.2 Waiver of Claims --on Final Payment ......................14.15 Waiver of Rights by insured parties..................5.11. 6.11 Warranty and Guarantee, General --by CONTRACTOR................................................0.30 Warranty of Title, CONTRACTORs........................j4.3 Work -- Accessto..........................................................13,2 byothers,.............................................................7 Changesin the.....................................................10 Continuing the ...........................: 0.29 ...................... CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of .............................................7.4 Cost of the.................................................a 1.4-11.5 definitionof......................................................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 Startingthe.......................................................2.4 Stopping by CONTRACTOR.............................15.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized, minor .......... .3.6 Work Change Directive — claimspursuant to.............................................10.2 definition of......................................................1.44 principal references to.......................3.5.3, 10.1.10.2 Written Amendm ent-- definition of ........................................ ..1.45 principal references to..............1.10, 3.5, 5.10,15.12, .........................0-6.2, 6.8.2, 6.19, 10.1, 10A, ............................11.2, 12.1,13.12.2,14.7.2 Written Clarifications and Interpretations...................................3.6.3. 9.4, 9.11 Written Notice Required -- by CONTRACTOR ......................... ..7.1, 9.10-9.11, ...................................... 10.4, 11.2, 12.1 by OWNER,,,,,,,,,,,,,........ .10.9.11, 10.4, 11.2, 13.14 xv E]CDC GENERAL CONDITIONS 1910.9 (1990 ED1710M w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9/99) (This page left blank intentionally) s%i E]CDC GENERAL CONDITIONS 1910-8 am EDITION) w( CITY OF FORT COLLTNS MODMCATIONS tUV 9/99) GENERAL CONDITIONS ARTICLE 1--DEFrMTIONS 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 perforned, other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos :Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Biddin,- 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. 1.8. Bondy —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. 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 EICDCOENFR.A1. C0?4N n0N5.;191M (1990 Eritionl wi aTy of FORT COLLINS MODIFICATIONS (REV V1000) same are more specifically identified in the Agreement, together With all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarification 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 ENGINEER'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 ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14,10). 1.15. Drayarngs--The drawings which show the scope, et -tent 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. gffective 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 persona, farm or corporation named as such in the Agreement. 1.18. ENGMEER's Conm4itant-: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 changes 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 1 of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 122.a. Laws and Regulations: Lams or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1 22.b. Legal Holidays --shall be those holidays observed tby the City of Fort Collins. 123. Liens --Liens, charges, security interests or encumbrances upon real property or personal property. 1.24, Afilestone--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 ofAward--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) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1,27, OWNER —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 Utilization —Use by OWNER of a substantially completed part of the Wok for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 129. 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 Afaterlal—Sourec, special nuclear, or byproduct material as defined by the Atomic Energy Act of EICDCOENTR.4I.CO DITIOJSl91 4(I49aF.fitimm w/ QTY OF FORT COLLINS MODIFICATIONS (REV 42000) 1954 (42 USC Section 2011 et seq) as amended from time to time. 1.32.b. Regular Working Hours --Regular working hours are defined as 7:00am to 6:00= unless otherwise specified in the General Req*ements. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 134. 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 submittal by CONTRACTOR to illustrate some portion of the Work. 1.36. Speccations—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. 1.3T 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 specked part) can be utilized for the purposes for which it is intended, or if no such certificate is issued, when the Work is complete and ready, for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms 'substantially complete' and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. 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 or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Bork —Work to be paid for on the basis of unit prices. 1.43. 6Vork--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 by the Contract Documents. 1.44. Work Change Directive —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in 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_ Written Anwndment--A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR an or after the Effective Date of the Agreement and normally dealing with the nonenginec>ring or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OVrNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to famish 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 fiunisl upon request, at the cost of reproduction Contmeneentent of Contract Times; Notice to Proceed• 23. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, FYT)(7GFWFR.AL COVDITiON41010$ OW M im) w! C1TY OF FORT COLLINS MODIFICATIONS (REV 42000) 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 Etective Date of the Agreement.- I cetun}erase �e-tttn deter--than-alas-sbctieth-day-af'ter�he der}: ^,ll= Starting the lVork: 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 urxfertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however. CONTRACTOR shall not be Gable to OWN`RR 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 (unle.<s 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 aUows less than 21 calendar days for each review by Ens;irteer. 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 and-G4 shall eaeh deliver to the etlter OWNER, with copies to Gonditions ENGINEER 2018 City of Furl Cullins (SMP) Project Item N.Item lknrrintinn InN 2i111 Cou"art ()uantilit+ 2019 Loft ('rrsl 'Itaal 20I8 (:'o."t 103.03 Bond Procurcnncnt and Mobilization 1. ump Sum 1 $59,('00.00 S59,000.00 202.01 Planing and Surrace Preparation: Elepth r or -3" (\lin Drum N idth 70") Squat' Yard I000 $.3.36 S.336SX)OAM) 202.02 Planing and Sri.11- Prepara6ar: Dcpth> 3" and I in - 5" (Min Drum Width 70") Square yard 10.000 $4. 23 S42,300.00 202.04 Paps Planing Adjacent to Guner Linal loot 100,006 $2.48 $248,000.00 202.06 Bobcat Sly], Milling < or a 3" - Dmum Wid lit 18-24" Sgaarr yard 1.500 S6 50 $9,750.00 202.07 Bobcat Style Milling- Additional Infi'Drickrw-ca Square yard,P,, Inelt 2W $0.65 S130.(M3 202.08 Additional Saw Cutting ot'Asphalt - 3" Minintrun Lineal Foot 1,200 $2.10 $2.520.00 203.01 L"xcavation Cubic Yard 500 $26.78 S13,3•),,A( 203.04 Borrow (Complete in Place) -1 a Than 160 Tan Ton 50 $41,00 $2,050.(X) 203.06 Borrovv (Shouldering - Complete in Place) 3'4" Mims RAP Lineal Foot 1,000 $1,46 SI,4%00 208.01 Reek Wattle Lineal Foot 700 $3.59 S2.513.00 208.02 Crumb Rubber Wattle Litical Foot lli $12.65 $126.30 208.04 SWMP Maintenance log - 14 Day Ia pecrion Each 15 SNOW $3,000.00 210.02 Adjust Valve Box Each 100 $172.0t) S17,200.00 210,03 Adjust Valve Box with Ring Fach 150 $76.69 S11,503.50 210.04 .Adjut Valve Box -Tyler 6860 Series, It m R 69, Screw Type Adjustable Riser Each 37 $W 00 S3,5520) 210.05 Adjtr a and Replax Top Section of Valve Box Lath 10 S34 t. G() S3.410.00 210.09 Total Valve Box Replacemrnl, Tyler 6860 Series, 30" Botlan Section Each 2 S520.00 S1,0400) 210.10 Adjust Standard Manhole 524" Ench 100 $405.00 S40,500.00 210.11 Adjust Special Manhole 124" L;wh 15 b195Ro $7.425.00 210.12 Adjust Manhole with Ring Each 35 S210.0x- S7,350.00 21.0.13 Adjust Manhole with Lacking Ring S24" dia, _<3" height Each 150 $215.01, S.11250 W1 210.14 .Adjta[ Manhole with locking Ring 124" dia. > 3" height Each 5 S215.00 S1,075.00 210.15 .Adjust Manhole with Locking Rung >24" dia, 5 3" height Each 10 $235.00 S2.350.00 210.16 Adjust Manhole with Locking Ring >24" dia, > 3" height Each 5 $235.00 S 1, 175.00 210.17 Arterial M--hole Incentive Achieved S5001Ea11 0 $0.00 S0,00 403.02 HMA- Grading SX, (75) 64-22 Binder Tat 5,000 $71.92 S359.600A I 403.03 IIMA - Grading S. (75) 58-28 Binder Ton 1,000 $70.7? S10.720.00 403.04 HMA- Grading S, (75) 64-22 Hinder Ton 29,500 $V32 S2,074,440.00 403.03 HMA- Caading S,(73) 64-29 Modified Binder Ton 5,500 $75,50 S415,250.00 403.07 HMA- Grading S 751100 Hand Patching - Removc & Replace Ton 3.000 S 13 3. Rk 5401,640.00 401OX HS1A Paves Patching - Remove & Replace "Can ZOOO S 127,50 $253,N)0.00 403.09 HMACtroding SX,(75)64.22Ltveling <_ 50Tuna 'r n'Prcj•ct 200 $75.00 SI.S,ow.t)0 403.10 H1IAGrading SX,(75)64-221.eveling: 51to100Torte Too, Tnrjed 200 $75.00 SlS(h00A0 403.11 EIMA Orating SX, (75) 64-22 Leveling:: > 100 Tool To Trojecl 400 $75.01) S30,W0.00 403.12 IIMAGrading SX, (75) 64-22 Loveli%Min Overlay 150 and Greater 'fons/Uay 1,000 $75,00 S75,W0.00 403.13 H)IA-Speed Htmps,Grading SiSX(75)64-22 Square Yard 600 $39.00 S23,400.N 420.01 00textile Paving Fabric Square Yard 3,000 SL85 $5.550.W 420.02 GlassGrid'°"8511 - S-11 Quantity hrtallation Jquare Yard 400 a�.. ,. o..... ,. 627.01 tnstailation of'17mtmoplastic 110w 20 S244.W $4,890,00 677.02 1 tad Wake for Striping I avoUt Hour 100 $49, s 1 S4,851 00 627.03 Support Workers fur Striping Lavvut Hour 250 $36.36 $9,090.00 627.04 Pavement Marking Pwnt Gallon 1.000 $72.72 S72,7200) 627.05 Privament Mark Removal 4in (Surface Grinding) Square Fool 200 S6.15 S1,230.00 627.06 6 hech White Lim: (Thermo) Lineal Foot 1,450 S5.76 S8352.0 627.07 IS Inch White line Clbema) lineal Foot 4,750 $17.49 S83,077.50 627.08 24 hich White Line (Thermo) Lineal Foot 200 $21.14 $4.228,0h) 627.09 Speed Bump Stencil Cnwnno) Each 6 S16200 S9721A 627.10 Bike Symbol (6 B),V/ Anrow (f -) Ench 90 S450.00 S40.500.W certificates of insurance (and other evidence of insurance reasae uest requested by OWNER) which CONTRACT OR-aFA- W -------------I-r- is required to purchase and maintain in accordance with paragraphs 5.4, 66 and 5.7. Preconstruetion Conference: 2.&. 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 understariding 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. InitiagrAeceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents, at least ten flsys beer Application-Car-Aaynient before any work at the site bestirs a conference attended by CONTRACTOR. ENGINEER and others as appropriate designated by OWNER will be held to review for acceptability to ENGINEER as provided below the-chedlules 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 sequencim scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to F,JC'DC' CWNFRAt. CONDITIONS I911 S (1990 EMM) wl aTY OF FORT COLLIM MOBIFICATIONS (REV V2000) describe a functionally complete Project for part thereol) 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 famished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications 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 Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may he otherwise specifically stated in the Contract Documents. 3.3.2. If during the perf4mance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall net 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 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2, the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of 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 furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or arty other provision of the Contract 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 I&-e 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 Documents. Amending and Suppfementing 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 1 Q.4), or FJMC OFNFRAL CONDIT10N31910 4 0 "t) FAtim) wJ CITY OF FORT COLLINS MODIFICATIONS (REV 4t2000) 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. ENGDMER'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 9A) Reuse ofDocuments: 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 ENGMEER'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--AY'AILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS AvaitabiGty 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 Upenreasenable BiJnvTER shall F....-ish !'VIAiTDAf''�cGTvR-it th-&- urreet eswly for accorc#arm--with--epplicrtblla—lzew�--end---Regulations 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 OOJNER's furnishing these lands rights of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4..2. Subsurface and Physical Conditions: 4 2.1. Reports and Drmrnngs: Reference is made to the Supplementary Conditions for identification of. 4.2.1.1. Substuface 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 4.2.12. 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 ENGIINTEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CON ICTOR Authorized• 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. ENGINEERZ or any of ENGINEER's Consultants with respect to: 4.2.2.1 the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2,2. other data, interpretations, opinions and information contained in such repots or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation or conclusion drawn from any "technical data" any such data, interpretations opinions information. 4.2.3. Notice of Differing Subsurface or Pln>sical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of 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 EJCDC OENERAL CONID1110*!S 19104 (1990 Fditim) cot CITY OF FORT COLLINS MODIFICATIONS (REV 4120M) 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 shallimmediately after becoming aware thereof and be ore further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as rp�rmitted by paragraph 6.23), notify OWIN'ER and L-NGINEER m wrttmg about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of 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 Doctments Change: If ENGRIMER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Tinges A4uctments: 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 cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorisation 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 Tunes if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of 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 Times, a claim may be made therefor as provided in Articles 1 I 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. Shown or Indicated 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 follo A* will be included in the Contract Rice and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documems,(iii) coordination of the Work with the owners of such Underground Facilities during eonstrueticm, 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. 43.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or perform ing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and EJCDCOFNMAI. CONDITIOM 1910.9 (19" Edda) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) give written notice to that owner and to OWNER and ENGINEER ENGINEER wilt 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 Undergroumd Faci lity 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 indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGiNEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 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 td irste or Radioactive Material: 4.5.I. 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. OWNTER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. s.00 9 t'•.•: tt' tt q.s = _. _,� �•: M, 1. iN• L.-. ;4�F�lS:IMM��4l0i EXTC'OENEM COND17IONS 1910.8 (1990Ed im) av/ CITY OF FORT COLLIM MODIFICAMNS a2EV 4/2000) I:\;�U�Ii71�:_I ►11 : ►17i►! ii;7�fr� Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bond.% 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 (amen<14 by the Audit Sta$ Bureau of Government Financial Operations, U.S. Treasury Department All Bonds signed by an agent must be acoompanied by a certified copy of such agent's authority to act. 5.2. If the surety on arty Bond famished 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 tan days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER 5.3. Licensed Sureties and Insurers; Certifreates 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 junsdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNI R, 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. GVa4E1't- 4,All re a sscar4t W4Akieh lh CONTR4CTOR's Liability Insurance. 5.4. CONTRACTOR shall purchasee 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 fi rmshm , 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 liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; per'srx�al injury liability core t4rie#rare-5stai . aldirecxly-re�latad-te-the-ample}`naent-ef-sttEkrf�t''u�tl-by C�1�1T1ZzAGl=alit-or-lii} by -any-other-Person-for-eny ether-reas� 5.4.5. claims for damages, other than to the Work itself because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINFER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.5. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; EX_'DC'ctEfaF7t.at, CONINTIONS t9to.4 (14�n E�Stinn} w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 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 wham 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 defective Work in accordance with paragraph 13.12, and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years 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). OTMER's Liability Insurance. 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. 1 Ctle%otherwise prorided#fr3-the-Suppkexeatar}, pf op ,fly-irytururiL upon the Work-avAheeite in the amount ltegu{a�ier�}-44zirirr-skarll= 5.6.1. inelrrde the interests of OWNER, �tnis-er�ny-�•or et�it�rs�iflztttiftad-in -the-�ttppknhattery-6enditi�s; snd�iallba4istedtrsnn-insures or additierral-insured; 5.6.2. be en-erz-a-i> l i�i-sim�i�a's�-rsac'•'=� opzn-}�artl-er=sPacial_ eat -that o k Iefl erary I il&, s,-falsewerk Q,o folle;�iog -perils: fare. I•ightning—e�4ended i h1•HAP .I •, 1. IH• `i.Y i•• F. .1 m1. a OR, 001 ..TSli!lT.I....S7�l!i!Ri z ar i I. IH• i.•Y a ill i • H. I. /.CHI S _ a fwereae'mrill not beself-'i>r maferie�}y wriizn- netiee ass been —given Fri—GIWT;R end anEl tt ill 5.9, OWNER shaU not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Werle te the e)aerd of any are iderAified in the 9- The rAk e pur .-st-t�ta-pttrohas�sewr}e>�ensa. EKTr C�'ERAL CONDITIONS 1910-8 (19" Edtim) 10 w! CITY OF FORT COLLINS MODIFICATIONS (REV U2000) reoav'ff"ga any of CONTIxitnnc t T dire6tarsjM Receipt and Application 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 insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5,13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in 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 interest-8 or-tha 1>F9par-pad'orrnans�tash-dt�ies. Acceptance of Bondy and Insurance; Option to Replace: 5.14_ 1f ejR or GQE , T OR0 OWNER has any objection to the coverage afforded by or other provisions of the Bonds-er insurance required to be purchased and maintained by the ether fetty CONTRACTOR in accordance with Article 5 on the basis of nonconformance with the Contract Documents, the objecting perty-shallsericntify-the-outer-patty OWNER will notify CONTRACTOR in writirg within ten fifteen days after receipt delivery of the certificates (or--othet,evidence requested) to OWNER as required by paragraph 2.7. ,to purehase rcquest� tthe> the GaRtFae Becumants.-suuekt-party--slnrtfl-netify-the-otlter�arty---in of the-reg edcovarage-- 4 t-.prf }rprtudiee o tn�y heher-ri ht at ot-r sii3-egt+ty,el�3t the e+tparrzo€ the perry-whe-was-required-ta-protida-sue.In cevaraga ands Chary 8rdshall bendjus4 the Fentrset-I'ricr 9e*cerdir�ip- Partial Utilization -Property Insurance: 5.15, If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial FYI)COFNFR.A1. CONMTTONS 1910-3 (199a F(Itim) w! CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 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 poficy 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 Supervision and Superintendence.• 6.1, CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of consmiction. 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 e-Mraordurary circumstances. The superintendent w711 be CONTRAC'TOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the sirperintendent 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 require:) by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without 06VNER's written consent given after prior written notice to ENGINEER CONTRACTOR shall submit requests to the ENGLN ER no less than 48 hours in advance of anv 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 fumish and assume full responsibility for all materials, equipment, labor, transportation construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, tern wary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6A1. Purchasing Restrictions: CONTRACTOR must comply with the Citv's purchasing restrictions. A wf the resolutions are available for review in the of the Purchasing and Risk Manacemertt Division or the City Clerk's office. 4.2. Cement Restrictions: Citv of Fort Co Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that bum hazardous waste m a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in 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 parafraph 2.9) proposed adjustments in the progress schedule that will not change 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. 6.62. 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 E1CDC r3FNM,41I, COVDITYONV 19104 (1990 Fdtim) wi aTy OF FORT COLLIM 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 Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENTGIIJEER will include the following as supplemented in the General Requirements and as ENGNEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, 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 work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may requ. CONTRACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CONMACTOR'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 Concbuction Methodr or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER in ENGMER'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 6.72. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEEK's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OIVNFR may 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 ENGINEER'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 proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6_8. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor. Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplies or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EICDCdENER.4L COVNT1ONS 191M (1990 Mlim) w/ CITY OF FORT COLLINS MOMFICATIONS (REV 42000) 6_9. CONTRACTOR shall inform not less than 20 percent of the Work with its own forces (that is without subcontractunn,) The 20 percent requirement shall be understood to refer to the Wort: the value of which totals not less than 20 parcent of the Contract Price. 6.8.2. Bidding Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER,-" timd list thereof -in OWNER's or ENGINEER's 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 er3y-5ueh Subeentf ergtttti then- i...... fte& ntsybe feyoked on the basis of reasa3ablc objeetTE�tralier-4ue-irwtastigatierr, in-w bffi t-ata aceeptab trait-s^�-iv�v:ll be adjusted-by-tha-di�afenea•ir!-Alta-e�sE�sasiettc�--by n 4ntendment-sign,4 will constitute a condition of the Contract requiring the use of the named subcontractors, suppliers or other persons or oreanuntion on the Work unless prior written approval is obtained from OWNER and FNGINFY.k 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 defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations perform ing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and 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 payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to anv subcontractor, supplier or other person or organization evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment'. 13 I-- ti,3. It -Description knit 'U 15 Cuuti n,t Quanti,i 21118 Lnit C'[at 'I',oal 201K C,et 627.11 Right74ft Arrow Stencil (Thermo) Each 75 $351,85 %26.388.75 627.12 8 It "ONLY" Stencil CR1 o) Each 1 S501 ?0 $50L30 627.13 "RR Kit Narrow" Stitcil (Thermo) Each 4 S907.00 S3.628.00 627.14 Tempm.)r Yellow Striping'rapc Roll Fach Roll 3 S101.55 S3(9.65 627.15 Tcutporary White Striping Tape Roll Each Roll 3 $101.55 S304.65 627.16 Green Bike Box (11mrnno) Square Foul 250 S24.00 S6.0w.00 630.01 Conetr u-tion Znne'1'raffic Control 5.75% Porce[n 1 5.73q;, S260,732.03 630.02 Variable Massage Board Per Ea rfi %Per Day 100 $187,,50 SI8,750.00 630.03 Flogging Hoar 2.500 S3136 $78.400.00 BID ALTERNATE - I CONTRACT COST 15,218.379.88 BID ALTERNATE - 1 It -,Nu 1lcm �,x rlp[ion fair 2018 Cuntn,al Quannri,, 2U18Unit( 'otit Total 2018 C,x[ 20203 Planing Surf- P,:pannLm 5" to 10" - Alin Dn- Width 70" Square Yard 3.000 S7, 73 S2,1J9U.00 202.05 Planing Support- Labor. Equipment, Malerials Hour 30 S767.35 S23 020.50 203.02 Excavation - General Over 100 CY Cubic Yard 1,000 S22S0 S22.500.00 203.03 Excavation - Muck Cubic Yard 1,000 S23.43 523A30.00 203.05 Borrow (Complete in Place) - Over I00'1'on Ton 105 S41.00 '".305.00 208.03 Sih Fence Lineal Foot 50 $2.16 %10800 21001 Rmcl Mailbox Fach I S25000 K-J 00 210.06 T14er 6850 Scrics, hcm 58, 14" Valve Box Extettsion (Part Only) Each 1 S0.00 $65.00 210.07 Tyler 6860 Series, 16" Valve Box Top Section Without I.id (Part Only) Each 15 S65.00 %975.(K) 210.08 Tvlcr 6860 Series, 26" Valve Box Top Section Without Lid (Part Only) Each 6 S65;00 $290,00 403.01 IIMA - Grading SY, (75) 59-28 Binder Ton 1.000 S73.22 1 73 .220.00 403.06 HMA Qnding SO, (75) 64-22 Binder Ton 1,000 S6500 S'65.00000 630.04 Night Work Up -Charge Per Night3Vorked 1 N5A0U.00 S5,46000 BID ALTERNATE -1 CONTRACT' COST $241,853.P1) 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 perfuming or furnishing any of the Work to communicate with the ENGLVEER through CONTRACTOR &M The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade, 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable ternis and conditiom of the Contract Documents for the benefit of OWNER and ENGINEER. ne*,m any suolragfeeirtrnt w add+tierial-irtsurzEl on tliz Property suram-e prowded-in ha eontairt rovisier>s svh� ttbemttraeter e�-Supplier ll-etl� ediditi�al $tsureds-€�-atl-losses-and dar{tages-catise�by: finsingeut of of fesulti#>t= freR ed-by . he��rape>*y-in�rraneeapplisal�la� the separate-waives-forms-te be-sjgnr<t b�-any�ubeor>fraetoF-er Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any, invention, design,, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or 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 OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages 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. EXT)C <3 NERAL CONDITIONS 1910 3 (1990 EAi W 14 col CITY OF FORT COLLIM MODIFICATIONS (REV 412000) Permits: 6.13. Unless otherwise }-ovided in the Su lementary Conditions, CONTRACTOR shall obtain and pay for ell construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if tyre 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. LawsandRegulafions: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to 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 CONTRACTORS primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTORS 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 perfonmance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be Wimartztitly inccTrporated into the pFg,iect. Said to shall not be included in the Contract price. CONTRACTOR must apply for, and receive. a Certificate of Exemption from the Colorado Dppartrnent of Revenue for construction materials to be phy2joal_ly ineoaymted into the project. This Certification of Exemption provides that the CONTRACTOR shall neither pair nor include in his Bi�L $ales and Use Taxes onthose buildina and construction materials phvsicaliv incorporated into the Mect. 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 buildir materials physicals ino mporated into the ps_oiect art____e_IQ he Daid by CONTRACTOR and are to be reduced in ap x}�opr>ate bid items. Else of Premises. 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other 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 anv 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 actiorm, legal or equitable, brought by any suck 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 Docum ents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents. - Etter nFNERAL COND[TiON31910 4 (I M Fd inn) w/ CITY OF FORT OOLLINS MODIFICATIONS (REV V2000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all Changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safeti• and Proleefion: 6.20. CONTRACTOR shall N 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 die site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR 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 directlyy or indirectly employed by any of them to perform or £umish 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). CONTR4CTOR'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 Is notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safe$, Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations F—mergencies: 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 01, WER 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. Strop Drawings and Samples: 6.24.1, CONTRACTOR strall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR 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 ENGINEER may require to enable ENGINEER to review the submittal for the limited ErDCC7F?t'ERAL CONMIONS 1910 S (199)E(fitim) 16 wt CITY OF FORT OOLLIM MODIFICATIONS (REV 4r2000) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifi(-iuions 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, 6.251.2. all materials with respect to intended use, fabrication, shipping, 1-mridling, storage, assembly and installation pertaining to the performance of the Work, and 6.25A.1 all information relative to CONTRACTOR's sole responsibilities in respect of mans, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2 Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR'S obligations under the Contract Documents with respect to CONTRACTOR'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. ENGINEI Rs 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. E1xTG1NEER's review and approval will not extend to means, methods, techniques, sequences or procedures of constriction (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 se ate 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 speck 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 ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry an the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTRACTOR's General Rizrranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warmnty 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 F.JrDr (+FNFR.AJ, CONK T1 OMS 1910,R 0 ogo t:rsrmt w! CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30 '2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER_ Indemnification: 6.31. To the fullest tent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage. (r) 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 suet 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 them 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 any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33, The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER. and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Sarmival ofObliga6ons: 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 tennination or completion of the Agreement. ARTICLE 7—OTHER NVORK 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: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 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 access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make 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 FKTr 0ENTR At, CONDITTONS 19104 Q 9" F.dit im) wl CITY OF FORT COLLIM MODIRCATION5 ktEV 42000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTORS Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly 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 anacceptance 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. Coorrknation: 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; 7A1 the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8—OWNERS RESPONSIBILITIES 8.1. Exceppt as othenvisc provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER- 8 2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer agairmst whose status under the Contract Documents shalt 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. OWNEWs duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents, ilities in respect of purchasing ant#-mainte 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. B.S. In connection with OWNER's right to stop 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. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish tlx: Work in accordance with the Contract Documents. 840. OWNER's responsibility itt rasPeot of wttiisclosed Asbestes�PC�s^-lra� lw. l lazardous—k1 aster- er faE fe #t in paragraph 4 5 &I i. if nd•totlto-extent-9W^�i�hasasraed-ro €trtnish amangement&-habeen--made -ta satisfy-{1WNBP s responsiibi be as set fart#r the ARTICLEARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNEWs 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 1 isitr to Site: 9.2. ENGINEER will make visits to the site at intervals ap�aopnate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress FICDCOFNFR.AL CONDIT10M 1910-8 (19" Ecilinn) V c m OF FORT COLLINS MODIFICATIONS (REV 4.2000) 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. ENGINEERSs 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. ENNGINEERSs visits and on -site observations are subject to all the limitations on ENGINEEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEERSs 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 furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENIGL�IEER 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 93 and 9.13 and - the suppleffientAF5 Conditions of these General Conditions. If OWNER designates another representative or agent to represent O\VNER 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 e �enrentrrt�eEN'G ER Wnti 9.3 he of these General Conditions, f the ENGINEER tumishes a Resident Proiect 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 aid limitations as provided in wag aph 9.13 of the General Conditions and shall be subject to the following: 9-3.1. The Representative's dealings in matters pertain a to the on -site work will. in >zeneral, be with the ENGINEER and CONTRACTOR But the Representative will keen the OWNER Ixo1vrly advised about such matters. The Representative's dealings with subcontractors will only be through or with the full knowledee and arnxoval of the CONTRACTOR 9.3.2. Duties and Responsibilities. Representative will: 9.3.2.1. Schedules - Review the progress 19 schedule and other schedules preMred by the CONTRACTOR and consult with the ENGINEER concerning, acceptability. 9.3.2.2. Conferences and Meeting - Attend meeting with the CONTRACTOR such as xonstruotion conferences o ass meetin and other job conferences an prepare and circulate copies of minutes of meet Ms. 9.3.2.3. Liaison 93.2.3.1, Serve as ENGINEER'S liaison with CONTRACTOR. working pnneelly through CONTRACTOR'S supc6ntendent to assist the GONTRACTOR m understandine the Contract Documents, 9.3.2.3.2. Assist in obtaining from OWNER additional details or information. when required for proper execution of the Work. 9.3.2.3.3. Advise the ENGIlVEER and CONTRACTOR of the commencement of = Work requiring a ,�jti4p Drawing or sample submission if the submission has not been aptxoved 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 Troceeding in accordance with the Contract Documents. for observation or requires special testing. inspection or approval. 9.3.2.4.3. Accompgay visiting iMc-tors representins public or outer agencies having jurisdiction over the Project record the results of these inspections and report to the ENGINEER. 9.3.2.5. Inwmretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and tmtt tt to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the A I001"7 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suaaestions for EJCDC OENERAL CONDITION,$19105 (1990 E(Itim) 20 wi can of FORT CO1.UM MODIRCATtotvs atsv 4nooa) modification in Dmwmo or Specifications and report these recommendations to ENGINEER. AcLumtely transmit to CONTRACTOR decisions issued by the ENGINEER 9.3.2.7. Records. 9.3.2.8, Repeats. 9.3.2.8.1. Furnish ENGINEER Deenodic rem as required of the prcrp�ess of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shop Drawing and sample submittals. 9.3.2.8.2. Consuh with ENGINEER in advance of scheduling major tests. inspections or start of important phases of the Work. 9.3.2.8.3. Draft proposed Change Orders and Work Drective Changm obtaining back-up material from the CONTRACTOR and recommend to ENGINEER Chance Orders, Work Directive Changes and field orders. 9.3.2.8.4. Report immediately to )1GINEER and OWNER the occurrence of any 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 ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, work completed and materials and egtt rent delivered at the site but not incorporated to the Work. 9.3.2.10. Completion. 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion vedsubmit to CONTRACTOR a list of obsetitems requiring correction or completion. 9.3 2.10.2. Conduct final inspection in the company of the ENGINEER. OWNER and CONTRACTOR and weyare a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the Seal list have been corrected or completed and make recommendations to ENGINEER conccning acceptance, 9.3.3. Limitation of Authority: The Representative shall 9.3.3.1. Authorize anv deviations from the Contract Documents or accept anv suhstitute materials or Nuipment, unless authorized by the ENGINEER 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents. 9.3.3.3 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 sneci ttcal v called for in the Contract Documents. 9.3.3.5. Advise on or issue directions regarding or assume control over safety precautions and progams in connections with the Work. 9.3.3.6. Accept Shop aawnnPnp_L submittals from anyone other than the =RACTOR 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 11ariationsin Work: 95. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract 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 parties are unable to agree as to the amount or extent thvereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 1 I or 12. Rejecting Defective Woric 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Pro ect as a functioning whole as indicated by the Contract ocuments. 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 Pa►jwtents.• 9.7. In connection with ENGINEERSs authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with E NGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.3.3.7. Authorize OWNER to occupy the Work in whole or in part. _ 9.9. In connection with ENGINEERSs authority as to Applications for Payment, see Article 14. 9.3.3.8. Particinate in specialized field or laboratory tests or inspections conducted by others except as specifically Lined LQGINEER Clarifications and Interpretadotcs: 9A4 ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC OENFRAL CON[. SISTIOM 191 M 0 "A Edtinnl w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 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 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 proccedling 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 proceduu•es 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 furnislting of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Tunes will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph ENGINEF.R's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless. W an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention 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 FKTiC MNIERAI. CONDIT[ONS 19 t q-8 (1990 Editim) 22 w/ QTY OF FORT cot -Lim MODffICAnoNs (REV 4120b0) 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 Mppaz u'ality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to 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 matterp ant to ele 4,6. 9.13. Limitations on ENGINEF.R'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. 9.132. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other 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 cornett 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--CIIANGES IN THE WORK 10.1. Without im•alidattmngg the Agreement and without notice to any surety, Okb-%, R may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the 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. 103. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and 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 (i) 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; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11, provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. if notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJC1?(' iiENE'RAL Cn*1DIT[OAt4191 n S (1994 Ec6ri�l w! aTY OF FORT COLIA NS MODIFICATIONS (REV 4t2000) (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 givin$. of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE II—CIUNGE 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 CONTRACTOR's 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 eencral 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 evert (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimam's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of grid 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 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3,1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 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 11.3.2, on the basis of the Cost of the Work (determmed as provided in paragraphs 11.4 and I I.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work., 11 A. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11 A.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel 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 inelud buE� be limited to salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and-retiren;ent benefits banuse , 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 connection therewith All cash discounu shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or famished by Subcontractors. If required by OWNER, EK )C GENERA[. CON NITONS 19104 0 990 Editim) 24 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONI'RACTORs employees incurred in discharge of duties connected with the Work. 11.4.52. 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 pro rty insurance established by OWNER in accordance with paragraph 5.91 provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTORS fee. If, however, any such lass or damage requires reconstruction and CONTRACTOR is placed in charge thereof CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11A.M. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the followirt_: 11.5.1. Payroll costs and other compensation of CONTRACTORS 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 CONTRACTORS 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 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR'S principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all ims nce whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EJCDC OFNFR.4L CONCA'I1OM 191" (1990 F i inO w,' CITY OF FORT COLLINS MODIFICATIONS (REV 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 habfe, including but not limited to, the correction of ckfeclive Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the 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 casts incurred under paragraphs 11.4.1 and 11.4 2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3. the CONTRACTOR's fee shall be five percent. 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work - plus a fee and no 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 any higher tier Subcontractor and CONTRACTOR will each be paid a fed *Ie- lowent:er Subcontractor; to be negotiated in good faith with the OWNER but not to exceed five percent of the amount paid to the next lower tier Subcontractor. 11.6.2A. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR' 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 CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 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 Alfawances: U.S. It is understood that CONTRACTOR has included in the Contract Price all allow•arices so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (lass any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional Payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract 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 tinges the estimated quantity of each item as indicated in the Agreement. The estimated quantifies of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an 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 l l if: 11.9.3.1, the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; EKrC 0ENFR 4LL CONDITIO`' 1910 S (199(l FANM) 26 * CITY OF FORT COLLINS MODIFICATIONS (REV 4It000) and 11.9,32 there is no corresponding adjustment with respect to any other item of Work; and 119.3.3. 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 acknowledees that the OWNER has the right to add or delete items in the Bud or change Quantities at OWNERS sole discretion without affecting the Contract Price of anv remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12--CHANGE OF CONTRACT TVES 12.1, The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general 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 claimant's written statement that the adjustment claimed is die entire adjustment to which the claimant has reason to believe it is entitled as a result of the oecun-enee of said event. All claims for adjustmert 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 stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other wok as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or 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 (11) delays beyond the control of both parties including, but not limited to, fires, Hoods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, RENIOVAL OR ACCEPTANCE OF DEFECTI fT 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. Access to li-ork: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work m reasonable times 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. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13A.1 that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 VCDCOENFRAL CON 1109S 191 A•R (149A F(Vim) of CITY OF FORT COLLI NS MODIFICATIONS (REV 4R000) 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 or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all 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 inspectiom% tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, 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 ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Mork: 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 at CONTRACTORS expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work, is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all casts 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 I I and 12. OWNER Afar Stop the IFork: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to ftirnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated, however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction 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.I.If within one -ye r 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 instruction., or in an emergency where delay would causew 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. 13.12.2.1n 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 defecMv Work (arid damage to other FKTV OFNMAL COND111ONS I910? (19"Editim) 28 wl CITY OF FORT COLLIM MODIFICATIONS (REV 4t2000) 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-year two years 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 ENGLNEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER_ OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any 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:.-, 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 ENGIIVEEWs Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revision 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 costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTORs defective Work CONTRACTOR shall not be allowed an extension 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--PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values. 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments 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 Payment: 14.1 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 OWNER'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 the CONTRACTOR with securites or arty arrang cments involving an escrow or custodianstup�y executing the application fortyment form the CONTRACTOR exlxessly waives his ri t to the benefitsColorado Revised Statutes. &ctim 24- 1--101., et sea. CONTRACTOR's Warranty of Title: 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 non, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EJrDCOENER.41, CONMT10MI 1910.8 (1990 F(Stion) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4r-000) 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 ENGINEER's recommendation, cite amount recommended will (subject to die provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNTER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief 14.5.1. the Work has progressed to the point indicated, 14.5 the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a ftinctioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be 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 fiunishirig or performance of Work, or for any failure of CONTRACTOR to perform or furnish Wort: 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 �q OWNER referred to in paragraph 14.5. ENGINEER. may also refine 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 required 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. 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or famishing 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 or paragraphs 15 2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, 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 notilr OWNER and ENGINEER in writing that the entire Work is substantiallv 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, 01Wi-ER, 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. If ENGINEER EJCDC OENERAL CONDITIONS 19103 r19'M Editim) 30 a,) CITY OF FORT COLLIES MODIRCATIONS (FEV 412000) 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 right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNTER'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 agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.19.1.01NNER 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 OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that pan 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 14.5 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 in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies_ Final Application for Payment. 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in pararnph6.19) 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 OWNER's property might in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails EICDC OF.NTRAI. CONDI7TON8191" (19" Edtinn) W CITY OF FORT COLLINS MODIFICATIONS (REV 472000) to furnish 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 suretv to finalize revmennt are to be submitted on forms conforming to the format of the OWNER'S standard forms bound in the Project 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 fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWZN'ER 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 EN(i1NHER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subiect to maeraph 17.6.2 of these 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 furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment, Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. ii'aiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents: and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE IS -SUSPENSION OF WORK AND TERMINATION 0"ER bfay Suspend 11,ork: 15.L At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles I I and 12. OWNER 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 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulatiom, 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 EXTr OFNER V, CONDITIONS 1910•Q f 1990 Efit im) 32 wl CITY OF FORT COLLIM MODIFICATIONS (REV V2000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, 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 b 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 effective date of termirration in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted 1Vtrork, 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 15A.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 loss arising out of or resulting from such termination. CONTRACTOR May Stop Work 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 ENGINEER, and provided OWNER or ENGLNEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the sane terms as provided in Paragraph 15.4. In lieu of tenninating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 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 permitter) by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 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—NIISCELLANEOUS Giving 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 Mivered 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.L 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 on a day made a legal hohda7 by the law of the applicable jurisdiction, such day will be omitted from the computation. EICDC(:ENF.R:V_ (7ONfNTIe)NS I I) I M (149f) F(Minn) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4t2000) 17.2.2_. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 173. 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 «till be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumular'ive Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, arrv• rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Include& 17.5. Whenever reference is made to "claims, costs, losses and damages', it shall include in each case, but not be limited to, all fees and charges of engineers architects, attorneys and other professionals and all court or arbitration or other dispute resolution casts. I T6. The laws of the State of Colorado aMlly to this Agreement. Reference to two pertinent Colorado statutes are as follows, 17.6.1. Colorado Revised Statutes (CRS 8-17-101� require that Colorado labor be employed to perform the Work to the extent of not less than 80 percent M(SO°ro) of each type or class of labor in the several classifications of skilled and common labor employed on the_proiect. Colorado labor means any person who is a bona fide resident of the State of Colorado at the time of employment, without discrimination as to race. color, creed age, religion or sear 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 payment of all claims for labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 SECTION 00510 NOTICE OF AWARD DATE: April 20, 2018 TO: Martin Marietta Materials Inc PROJECT: 8320 Asphalt Overlay Project - 2018 Renewal OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated April 20, 2018 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8320 Asphalt Overlay Project - 2018 Renewal. The Price of your Agreement is Five Million Two Hundred Eighteen Thousand Three Hundred Seventy -Nine Dollars and Eighty -Eight Cents ($5,218,379.88), which is the Base Bid. 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 Contract Documents att ched. City of Fo 1 n OWNER By: Ak Gerry P1a'U1/ Purchasing Director EICDC OWNER AL CONDITIONS 1910 S (1990 Edtim) 34 wj aTy OF FORT COLLIM MODIFICATIONS OtEV 42000) (This page left blank intentionally.) E1rDCt1FNER.At. CONDITIONS 1910Y (19" Ec6tin.nl 35 w/ CITY OF FORT COL.LINS MODIFICATIONS (REV 4P000) EKVC GENERAL COMMONS 1910.8 (1990E(itim) 36 ai CITY OF FORT COMIM MODIFICATIONS (REV 4/2000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waivecl by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court. having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11, and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any' written decision of ENGINEER rendered in accordance with paragraph 9,10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration 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 any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations, EJCDC GENERAL CONDITIONS 1910-3 (1990 Ecition) col CITY OF FORT COLLINS MODIFICATIONS (REV 9M) 16A 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. 1&5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Wok 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 165 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 ENGINEERS Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unwed 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 Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -Al EJCDC GENERAL CONDITIONS 1910-3 (1990 Ecitim) GC -A 1 w/ 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: 8320 Asphalt Overlay Project - 2018 Renewal CONTRACTOR: Martin Marietta Materials Inc PROJECT NUMBER: 8320 DESCRIPTION: 1. Reason for change: 2. Description of Change: _ 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $60,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing DATE: DATE: DATE: DATE: SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 20th day of April in the year of 2018 and shall be effective on the date this AGREEMENT is signed by the City. This AGREEMENT supersedes the Agreement between the parties for 8320 Asphalt Overlay Project — 2016 dated as of June 14, 2016. The City of Fort Collins (hereinafter called OWNER) and Martin Marietta Materials Inc (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 8320 Asphalt Overlay Project - 2018 Renewal and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by The City of Fort Collins, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 Contract Period. This agreement shall commence upon signing and shall continue in full force for one year unless terminated as herein provided. In addition, at the option of the City, the agreement may be extended for an additional one (1) year period not to exceed Two (2) additional one (1) year periods. Pricing changes, if any, shall be negotiated by and agreed to by both parties in writing. 3.2 The Work shall be Substantially Completed by the CONTRACTOR, in accordance with Article 14 of the General Conditions, as evidenced by the issuance of certificate of Substantial Completion, within One Hundred Fifty (150) consecutive working days after the date when the Contract Times commence to run. 3.3 The Work must be completed by the CONTRACTOR and ready for final payment in accordance with Article 14 of the General Conditions within Five (5) consecutive working days after Substantial Completion. 3.4 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence under this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.2 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY On Hand Item Invoice Previous Number Number Description Application Received This Period PAGE 4 OF 4 Installed On Hand This This Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 2018 ASPHALT OVERLAY PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules 01330 Survey Data 01340 Shop Drawings 01410 Testing 01510 Temporary Utilities 01560 Temporary Controls 01700 Contract Closeout 01800 Method of Measurement and Basis of Payment PAGE NUMBERS General Requirements 1-2 General Requirements 3-4 General Requirements 5-6 General Requirements 7 General Requirements 8-10 General Requirements 11-12 General Requirements 13 General Requirements 14-15 General Requirements 16 General Requirements 17 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of asphalt patching, asphalt overlays, base work, variations of paving fabric, and manhole and valve box adjustments on designated streets in the City of Fort Collins. Specific locations are described in Section 3500, Project Index and 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 6:00 p.m., Monday through Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1560. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Project Manager, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner, s costs in providing field engineering and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Tom Knostman/Bill Welborn will be the Program Manager/Project Manager). Tom Knostman 970-221-6576 Office 970-679-7947 Cell Bill Welborn 970-221-6654 Office 970-775-8357 Cell 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 17 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 Reyes970-225-7850 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: Latimer 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 17 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 and private development 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. E. The Contractor shall ensure that Subcontractors shall have visible company names on all vehicles that enter the work zone. 1.2 CONFERENCES A. A Pre -construction Conference will be held prior to the start of construction. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. Contractor shall designate/introduce Superintendent, and major Subcontractors' Supervisors assigned to project. The Engineer shall invite all utility companies involved. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 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. 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 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 Project Representative. 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Engineer or Owner. General Requirements - Page 3 of 17 SECTION 01040 COORDINATION C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule anticipated two weeks in advance. D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements - Page 4 of 17 SECTION 01310 CONSTRUCTION SECHDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance 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 or Project Manager, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 5 of 17