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584662 ANDALE CONSTRUCTION INC - CONTRACT - SOLE SOURCE - ANDALE CONSTRUCTION INC
SPECIFICATIONS AND CONTRACT DOCUMENTS FOR MULBERRY CORRIDOR RE-CHANNELIZATION PROJECT PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 CONTRACT DOCUMENTS TABLE OF CONTENTS BID INFORMATION 00300 Proposal 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-A1 - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order SPECIFICATIONS DUST PREVENTION AND CONTROL MANUAL DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 SECTION 00300 PROPOSAL DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Areas deemed by Andale to be saturated with motor oil must be identified to the City Project Manager and an agreed upon solution must be reached prior to application of surface treatment. Areas not identified prior to surface treatment will not be subject to any waivers or limitations of the warranty. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Areas deemed by Andale to be saturated with motor oil must be identified to the City Project Manager and an agreed upon solution must be reached prior to application of surface treatment. Areas not identified prior to surface treatment will not be subject to any waivers or limitations of the warranty. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 SECTION 00510 NOTICE OF AWARD DATE: July 13, 2018 TO: Andale Construction, Inc. PROJECT: Mulberry Corridor Re-Channelization Project OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Proposal dated March 22, 2018 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for the Mulberry Corridor Re-Channelization Project. The Price of your Agreement is One Hundred Eighty-Four Thousand Fifty-Two Dollars and Twenty Cents ($184,052.20). 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. The Construction Documents must be executed in DocuSign within fifteen (15) calendar days of the date of this Notice of Award. Contractor shall attach Payment and Performance Bonds and Certificate of Insurance (COI) to the Work Order Documents in DocuSign. In addition, one original set of executed Bonds and COI shall be provided to the Buyer. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Proposal abandoned and to annul this Notice of Award. City of Fort Collins OWNER By: Gerry Paul Purchasing Director DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 13th day of July in the year of 2018 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Andale Construction, 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 Mulberry Corridor Re-Channelization Project and is generally described in Section 00300. ARTICLE 2. ENGINEER The Project has been designed by Alta Planning + Design, 1836 Blake St., Suite 100, Denver, CO 80202, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete August 1, 2018 as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within five (5) calendar days after the date of Substantial Completion. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal 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: Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after the date of Substantial Completion. 2) Final Acceptance: After Substantial Completion, Two Hundred Fifty Dollars ($250) for each calendar day or fraction thereof that expires after the Five (5) calendar DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: One Hundred Eighty-Four Thousand Fifty-Two Dollars and Twenty Cents ($184,052.20), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit an invoice in accordance with Article 14 of the General Conditions upon project completion and the Work is ready for Final Payment and Acceptance. The invoice will be processed by ENGINEER as provided in the General Conditions. 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 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of “Contract Documents” in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: • RP01 • RP04 • RP07 • RP02 • RP05 • RP08 • RP03 • RP06 • RP09 Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers NA to NA, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNER: CITY OF FORT COLLINS CONTRACTOR: ANDALE CONSTRUCTION, INC. By: PRINTED By: GERRY PAUL Title: PURCHASING DIRECTOR Date: Date: Attest: (CORPORATE SEAL) Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Attest: Approved as to Form Address for giving notices: License No.: DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 cfo 7/25/2018 Lori Payne K02332187 Wichita, KS 3170 N. Ohio Senior Assistant City Attorney 7/25/2018 City Clerk SECTION 00530 NOTICE TO PROCEED Description of Work: Mulberry Corridor Re-Channelization Project To: Andale Construction, Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20 . The dates for Substantial Completion and Final Acceptance shall be , 20_ and , 20__, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20__. CONTRACTOR: Andale Construction, Inc. By: Title: DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 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 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that Andale Construction, Inc. 7700 N Hayes Dr. Valley Center, KS 67147 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of One Hundred Eighty-Four Thousand Fifty-Two Dollars and Twenty Cents ($184,052.20) 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 13th day of July 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, Mulberry Corridor Re-Channelization Project. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _____ day of _____ ____, 20__. IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners _____________________________ By: _____________________________ By: IN PRESENCE OF: Surety _____________________________ By:_____________________________________ _____________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that Andale Construction, Inc. 7700 N Hayes Dr. Valley Center, KS 67147 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of One Hundred Eighty-Four Thousand Fifty-Two Dollars and Twenty Cents ($184,052.20) 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 13th day of July 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, Mulberry Corridor Re-Channelization Project. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of , 20__. IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners _____________________________ By: _____________________________ By: IN PRESENCE OF: Surety _____________________________ By:_____________________________________ _____________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following requirements: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: 1. 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 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: Mulberry Corridor Re- Channelization Project PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Andale Construction, Inc. CONTRACT DATE: July 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: DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE , 20__ TO: Andale Construction, Inc. Gentlemen: You are hereby notified that on the day of , 20__, the City of Fort Collins, Colorado, has accepted the Work completed by Andale Construction, Inc. for the City of Fort Collins project, Mulberry Corridor Re-Channelization Project. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated July 13, 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 Collins By: Title: ATTEST: Title: DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Andale Construction, Inc. (CONTRACTOR) PROJECT: Mulberry Corridor Re-Channelization Project 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Signed this day of , 20__. CONTRACTOR: ANDALE CONSTRUCTION, INC. By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20__, by . Witness my hand and official seal. Notary Public My Commission Expires: DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Andale Construction, Inc. PROJECT: Mulberry Corridor Re-Channelization Project CONTRACT DATE: July 13, 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) By: ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 SECTION 00700 GENERAL CONDITIONS DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 SECTION 00800 SUPPLEMENTARY CONDITIONS DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 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). DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 SC-13.12 Correction Period A. Remove paragraph 13.12.1 and replace with: If within five 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 (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or 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 repairs or replacement of work of others) will be paid by CONTRACTOR. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Mulberry Corridor Re-Channelization Project CONTRACTOR: Andale Construction, Inc. 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: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $60,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Revised March 18, 2015 SECTION 32 01 13.68 HIGH DENSITY MINERAL BOND SEAL PART 1 GENERAL 1.1. SECTION INCLUDES A. Application of an asphalt-aggregate bond seal coat as a high density roadway surface preservation treatment. 1.2 REFERENCES A. AASHTO Standards: T 59 Standard Method of Test for Emulsified Asphalts. T 111 Standard Method of Test for Mineral Matter or Ash in Asphalt Materials. B. ANSI Standards: B74.8 Ball Mill Test for Friability of Abrasive Grain. C. ASTM Standards: C 128 Density, Relative Density (Specific Gravity), and Absorption of Fine Aggregate. C 170 Compressive Strength of Dimension Stone. C 1326 Knoop Indentation Hardness of Advanced Ceramics. D 1644 Nonvolatile Content (Solids by weight). D 2172 Quantitative Extraction of Bitumen From Bituminous Paving Mixtures. D 2196 Rheological Properties of Non-Newtonian Materials by Rotational (Brookfield type) Viscometer. D 2486 Determining Wear Resistance in Cycles. D 2939 Emulsified Bitumens Used as Protective Coatings. D 3740 Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction. D 6937 Determining Density of Emulsified Asphalt. D 3960 Determining Volatile Organic Compound Content of Paints and Related Coatings. E 70 pH of Aqueous Solutions with the Glass Electrode. 1.3 SUBMITTALS A. Mix Design: Provide the following. Allow ENGINEER 10 days to evaluate the submittal. 1. Date of mix design. If older than 60 days from date of submission, recertify mix design. 2. Proportions of aggregate, filler, water, polymer, and emulsion in the mix. 3. Residual in-place bitumen content, in pounds per square yard. 4. Residual in-place aggregate or mineral solids content, in pounds per square yard. 5. Thickness target for each application coat, in gallons per square yard. 6. Total minimum thickness, in gallons per square yard. 7. Results of a wear resistance test current within one (1) calendar year of the DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 High Density Mineral Bond Seal 32 01 13.68 - 2 proposed mix design. B. Before Placement: Submit at least 48 hours before delivery. 1. Traffic control plan, Section 01 55 26. 2. List of construction equipment to be used. 3. Certificate from emulsion supplier stating emulsion meets requirements in this section. 4. Names, certification levels, and years of experience of testing agency's field technicians that are assigned to the Work. Verify laboratory complies with ASTM standards. 5. Warranty. C. Reports: If requested by ENGINEER, submit the following. 1. List of five (5) projects that have successful product applications on bituminous surfaces. Provide names of project contacts. 2. Source and field quality control testing reports performed by CONTRACTOR and Suppliers. 1.4 QUALITY ASSURANCE A. Foreman of CONTRACTOR's crew or Supplier's representative has completed at least three (3) projects of similar scope. If crew foreman does not have such experience, Supplier must provide a full-time representative on site during application. B. Use a laboratory that complies with ASTM D 3740 and follows Section 01 45 00 requirements. C. Verify mixture delivered to site contains the same emulsion specified in the mix design. D. Do not change source of the asphalt emulsion or aggregate without supporting changes in the mix design. E. Reject product that does not meet requirements. 1.5 WEATHER A. Temperature: 1. Apply surface treatment material if air and pavement surface temperatures in the shade are 55 deg F. and rising. 2. Cease application if air or pavement surface temperatures are projected to fall below 45 deg F. within 48 hours. B. Moisture and Wind: 1. Do not apply surface treatment material to a wet surface (no visible standing water or high sheen), during rain, 24 hours prior to forecast rain, or in unsuitable windy weather. 2. Cease work if weather or other conditions prolong opening pavement surface to traffic. 1.6 NOTICE A. Follow Laws and Regulations concerning when and to whom notices are to be given at least three (3) days before applying surface treatment material. B. Indicate application time and when the surface can be used. If necessary, include a map showing closed-off areas. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 High Density Mineral Bond Seal 32 01 13.68 - 3 C. Provide phone numbers of at least two (2) individuals who represent the CONTRACTOR who can be reached at any time during the work. D. Warn of potential vehicle tow away and other construction issues affecting neighborhood. E. Should work not occur on specified day, issue an updated notice. 1.7 ACCEPTANCE A. General: 1. Acceptance is by Lot. 2. If non-complying material has been installed and no price for the material is specified, apply price adjustment against cost of work requiring complying material as part of its installation, Section 01 29 00. 3. Dispute resolution, Section 01 35 10. 4. Opening surface treatment to vehicular traffic does not constitute acceptance. 5. Observation of CONTRACTOR’s field quality control testing does not constitute acceptance. Such testing, however, may be used by ENGINEER for acceptance if requirements of Section 01 35 10 are met. B. Asphalt Binder: 1. Lot size is total contracted product placement. Sub-lot size is one (1) day's production. 2. Of all sub-lot samples collected, randomly select one and test it for the physical properties in this section. The lot is acceptable if this single test meets requirements. If the test does not meet requirements, continue testing other samples for compliance. 3. At ENGINEER's discretion, a lot with deficient sub-lot properties may be accepted if pay for the lot is reduced using one of the following applicable pay factors, or lot may be accepted at 50 percent pay if lot is in Reject. Pay Number of Factor Non-complying Tests 1.00 0 0.90 1 0.80 2 0.70 3 Reject 4 C. Placement: 1. Mat appearance. a. No runoff onto concrete curbs, gutter pans, and shoulders. b. No streaking, drilling, drag marks, or squeegee marks. c. No light spots. d. No de-bonding. e. Straight longitudinal edges with proper joints. 2. Mat thickness, bitumen content and aggregate content. a. Lot size is one (1) day's production. Sub-lot size is 0.5 lane mile. b. Collect and test five (5) equally spaced samples from the initial sub-lot. Upon DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 High Density Mineral Bond Seal 32 01 13.68 - 4 review of the initial sub-lot test results and at ENGINEER's discretion, acceptance of subsequent sub-lots may be based upon one or less samples from each subsequent sub-lot. 3. Pay Adjustment: Not applicable. Correct mat deficiencies at no additional cost to OWNER. 1.8 WARRANTY A. Both the CONTRACTOR and Supplier shall provide a two (2) year minimum written warranty when the existing pavement is in an appropriate condition (CONTRACTOR and Supplier to determine condition). Warranty covers delaminating, peeling and pre- mature surface wear. 1. Before placement notify ENGINEER if pavement condition or application condition voids the warranty. 2. ENGINEER may allow or cancel product application at no cost to OWNER if warranty cannot be given. B. Acceptable performance after two (2) year period is no delaminating, peeling, or inter- aggregate loss in surface wear. Mechanical disturbances by snow plow chatter, studded tires, etc. are excluded from warranty. Repair defective coverage at no additional cost to OWNER. PART 2 PRODUCTS 2.1 ASPHALT BINDER A. Crack Pouring Asphalt: Rubberized asphalt or asphalt rubber hot pour, Section 32 01 17. B. Tack Coat: SS or CSS grade, Section 32 12 13.13. Use a tack coat that is compatible with seal coat application. C. Emulsified Asphalt: Inorganic, non-ionic, thixotropic mineral colloid at 25 deg C that meets the following requirements. Inorganic is defined as a non-carbon based emulsifier. Table 1 – Emulsion Properties Criterion Standard Min Max Brookfield Viscosity at 77 deg F (Spindle 5, 20 rpm), cPs ASTM D 2196 11,000 20,000 pH ASTM E 70 5.0 7.5 Density, lbs/gal AASHTO T 59 8.5 9.0 Asphalt Cement Content, percent by weight ASTM D 2172 45 50 Solids Content, percent by weight AASHTO T 59 50 54 Ash Content, percent by weight AASHTO T 111 4.0 6.0 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 High Density Mineral Bond Seal 32 01 13.68 - 5 2.2 AGGREGATE A. Clean and free from organic matter or other detrimental substances. Composed of sand, clay, slate and corundum. Properties of slate and corundum as follows. 1. Slate Table 2 – Slate Physical Properties Criterion ASTM Min Max Specific gravity C 128 2.7 Compression, psi C 170 11,000 2. Refined Corundum: Table 3 – Corundum Physical Properties Criterion Standard Min Max Specific Gravity ASTM C 128 3.9 Knoop 100 Hardness ASTM D 1326 2,000 Ball Mill Friability (14 grit) ANSI B74.8 50 2.3 ADDITIVES A. Water is clean, non-detrimental, and free from salts and contaminant. B. Polymers and other additives as necessary to achieve mix design performance. 2.4 MIX DESIGN A. Completed high density mineral bond material, prior to being loaded for install, must meet the following requirements. Table 4 – Mix Properties Criterion Standard Min Max Asphalt Content, percent by weight ASTM D 2172 17 20 Solids Content, percent by weight ASTM D 1644 55 63 Initial Brookfield Viscosity at 77°F (Spindle 4, 20 rpm), cPs ASTM D 2196 5,500 9,000 Ash Content, percent by weight AASHTO T 111 38 Ash Content of Solids, percent by weight (a) AASHTO T 111 65 Density, lbs/gal AASHTO T 59 11 pH ASTM E 70 6.0 8.0 Total Inorganic Aggregate Content, percent by weight (b) AASHTO T 111 37 Total Sand Content, percent by weight 6.0 Maximum VOC, g/L ASTM D 3960 5 Resistance to Re-emulsification ASTM D 2939 No re- emulsification Wear Resistance, percent loss by weight (c) ASTM D 2486 4 NOTES: (a) Ash content as a percentage of solids content. (b) Ash content of completed mix minus ash content of base non-ionic emulsion. Total inorganic aggregate content is defined as slate, refined corundum, and DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 High Density Mineral Bond Seal 32 01 13.68 - 6 sand. (c) ASTM D 2486 (Modified): Prepare sample at 48 wet mils on glass panel. Dry at 77 deg F for three (3) days. Immerse in water for 24 hours at 77°F. Test scrub resistance with 1,000 gram brass brush for 12,000 cycles. Report percent of dry film lost. PART 3 EXECUTION 3.1 CONSTRUCTION EQUIPMENT A. Paver: Use a continuous flow mixing unit. 1. Capable of applying at least 15,000 square yards of material per day. 2. Equipped with full sweep agitation system to assure proper suspension of fine aggregates. 3. Equipped with an operator control station that adjusts material spread rate in accordance with project calibration process. 4. Equipped with a filtering system to catch particles that plug nozzles. 5. Equipped with a retractable spray bar capable of applying mixture without drilling. The bar should be positioned to meet calibration requirements. B. Storage Tanks: 1. When delivering mix from the central mixing plant to a job site storage tank, use only storage tanks with a capacity to contain the entire transport load. 2. Ensure that all site storage tanks have internal full sweep mixing mechanisms and mixing capability that can provide at any given point in the tank a homogenous mix. 3.2 PREPARATION A. Paver Calibration: On a test strip at least 300 feet long, determine the correct pump settings, spray bar height, and ground speed for the application equipment. Apply material with pump settings at 80 percent of maximum output (plus or minus 5 percent) and a ground speed of 300 to 400 feet per minute. 1. Do not begin or continue application without ENGINEER's knowledge of the calibration process and equipment settings. 2. Do not deviate from calibration settings without ENGINEER's knowledge. B. Surface Repair: Method of payment to be determined by ENGINEER if any of the following repairs are required. 1. Raising low areas to grade, lowering high areas to grade, hole patching, inlays. 2. Providing tack coat on highly absorbent, polished, oxidized, or raveled asphalt surfaces or on brick and concrete surfaces. 3. Crack sealing and crack repairing, Section 32 01 17. 4. Pushing or shoving pavement repairs. a. Mill damaged area at least three (3) inches below required surface elevation. b. Install and compact three (3) inches of PG64-22-DM-3/4 asphalt concrete, DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 High Density Mineral Bond Seal 32 01 13.68 - 7 Section 32 12 16.19. C. Masking: Mask-off Street Fixtures, end of streets, intersections. D. Traffic Control: 1. Implement traffic control plan requirements. Provide safe passage for pedestrians and vehicles. Do not proceed without flaggers if work requires maintaining two- way vehicular traffic. 2. Grind off existing pavement markings and lane stripes. If existing markings and stripes are to be reestablished, use reflective tabs to mark existing locations before applying surface treatment material. Unless specified otherwise, cost is included in the work of this section. E. Cleaning: 1. Remove loose material, mud spots, sand, dust, oil, vegetation and other objectionable material. 2. Do not flush water, or apply pressurized water over cracked pavement unless ENGINEER allows its' use and a sufficient time is allowed for drying. 3.3 PROTECTION A. Trees, Plants, Ground Cover: 1. Protect trees, plants and other ground cover from damage. 2. Prune trees to allow equipment passage underneath, Section 32 01 93. Repair tree damage at no additional cost to OWNER. B. Protect structures, curb, gutter, sidewalks, guard rails, guide posts, etc. from physical damage. 3.4 APPLICATION A. General: Two separate applications coats are required. The first application must be thoroughly set and free of any damp areas before the second application begins. B. Spreading: 1. Keep material delivery at a constant rate even if forward speed of lay-down machine varies. 2. Do not reduce application rate along edges or around manhole covers. 3. Apply both applications right to the edge of the pavement. Do not leave uncovered areas near curbs, Street Fixtures, or edges on either application. 4. Make straight lines at all locations. 5. Place product out to right-of-way line on side streets and intersections. 6. Use hand squeegees to spread mix in areas that cannot be reached with distribution spray bar. a. Provide complete and uniform coverage. b. Avoid unsightly appearance from hand work. C. Joints: 1. Make transverse joints straight-cut butt type, not over-lap type. 2. Place longitudinal joints on lane lines. Limit overlap to three (3) inches maximum. 3. Stop and correct paving operation if longitudinal or transverse joints have uncovered areas or unsightly appearance. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 High Density Mineral Bond Seal 32 01 13.68 - 8 D. Lines: 1. Make straight lines along lip of gutters, shoulders, end of streets, and in street intersections. No runoff on these areas will be permitted. 2. Vary edge lines no more than one (1) inch per 100 feet. 3.5 TOLERANCES A. First application = 0.20 gallons per square yard minimum. B. Second application = 0.16 gallons per square yard minimum. 3.6 FIELD QUALITY CONTROL A. Emulsion density testing, AASHTO T 59. If testing shows material non-compliance, remove installed product and halt operations until new material is delivered and is known to be in compliance. B. Measure the total amounts of material installed, and verify it meets the application rate. 3.7 AFTER APPLICATION A. Raise reflective tabs that were covered over by application. B. Clean Street Fixtures. C. Do not apply permanent pavement markings or striping material until layout and method of payment has been determined by ENGINEER, and final application of surface treatment material has been in place at least 10 days, or as permitted by ENGINEER. Layout must be verified by ENGINEER prior to application. 3.8 REPAIR A. Remove delaminated or non-compliant product found after installation and apply acceptable product. B. Remove spatter, mar and overcoat from curb, gutter, sidewalk, guard rails, guide posts, etc. C. Remove overcoat from Street Fixtures. D. Make edge and end lines straight. Provide a good appearance. E. Leave no streaks, holes, bare spots, or cracks through which liquids or foreign matter could penetrate to the underlying pavement. F. Repair collateral damage caused by construction. 3.9 OPENING TO TRAFFIC A. Cure time depends on type of asphalt, mixture characteristics and weather. Keep traffic off surface until material does not track out. END OF SECTION DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Material Safety Data Sheet Page 1 of 5 1. Product and Company Identification Supplier IPS, LLC 3828 E 1700 S St George, UT 84790 Company Contact: HA5 Product Services Telephone Number: (866) 500-7326 Web Site: www.holbrookasphalt.com Supplier Emergency Phone Number (435) 229-2686 Issue Date: 04/15/2009 Product Name: HA5 – High Density Mineral Bond Product Code: HA5 2. Composition/Information on Ingredients Ingredient Name CAS Number Percent Of Total Weight petroleum asphalt mixture 10 - 30 bentonite 1302-78-9 1 - 5 carbon black 1333-86-4 1 - 5 kaolin 1332-58-7 0 - 5 silica, quartz 14808-60-7 3 - 7 inert ingredients <Balance> EMERGENCY OVERVIEW CAUTION! Vapor may cause light-headedness, headache, nausea, loss of coordination and respiratory tract irritation. Causes skin irritation. Appearance/Odor: Black/brown liquid, petroleum and wood-like odor 3. Hazards Identification Primary Routes(s) Of Entry Inhalation Eye Hazards May cause eye irritation (burning, tearing, redness or swelling). Skin Hazards May cause skin irritation and contact dermatitis upon prolonged contact. Ingestion Hazards May be harmful if swallowed. May cause gastric distress, vomiting and diarrhea. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Material Safety Data Sheet Page 2 of 5 3. Hazards Identification - Continued Inhalation Hazards Exposure to vapors may cause respiratory tract irritation. Inhalation of vapors or mists may cause central nervous system depression, light-headedness, headache, nausea and loss of coordination. Chronic/Carcinogenicity Effects This product or one of its ingredients present at 0.1% or more is listed as a carcinogen by NTP, IARC or OSHA. See Section 11 (Toxicological Information) for more details. 4. First Aid Measures Eye In case of contact, hold eyelids apart and immediately flush eyes with plenty of water for at least 15 minutes. Get medical attention immediately if irritation develops and persists. Skin Remove contaminated clothing and shoes. Wash affected areas with soap and water. Ingestion Get medical attention immediately. DO NOT INDUCE VOMITING. Never give anything by mouth to an unconscious victim. Call a physician or poison control center immediately. Inhalation Remove the person from the contaminated area to fresh air. If breathing is difficult, give oxygen. Get medical attention immediately. 5. Fire Fighting Measures Flash Point: >212 °F Flash Point Method: Setaflash Lower Explosive Limit: not available Upper Explosive Limit: not available Fire And Explosion Hazards Thermal decomposition (burning) may release irritating, corrosive and/or toxic gases, vapors and fumes. Extinguishing Media Chemical foam, carbon dioxide (CO2), water fog or dry chemical. Fire Fighting Instructions Firefighters should wear self-contained breathing apparatus and full protective gear. 6. Accidental Release Measures Contain and/or absorb spill with inert material (e.g. sand, vermiculite). Collect and dispose in accordance with applicable regulations. Avoid runoff to waterways and sewers. 7. Handling And Storage Handling And Storage Precautions Keep containers tightly closed. Store in a cool, dry, well-ventilated area. Do not handle or store near strong oxidants or strong acids. Use only with adequate ventilation. 8. Exposure Controls/Personal Protection Engineering Controls Use with adequate general and local exhaust ventilation. When used outdoors, stay well away from building air intakes or close and seal the intakes to prevent product from entering building. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Material Safety Data Sheet Page 3 of 5 8. Exposure Controls/Personal Protection - Continued Eye/Face Protection Safety glasses with side shields or goggles recommended. Skin Protection Use with chemical-protective gloves to prevent skin contact. Respiratory Protection This product is an encapsulated mixture which reduces the likelihood of exposure to hazardous particulates. Airborne exposures to hazardous dusts or mists may be generated by spraying, sanding or grinding. The level of respiratory protection needed should be based on the evaluation of chemical exposures by a health or safety professional. If required, use a NIOSH-approved air purifying respirator with organic vapor cartridge and particulate filter or supplied air respirator. Occupational Exposure Limits for individual ingredients (if available) are listed below. Ingredient(s) - Exposure Limits petroleum asphalt ACGIH TLV-TWA 0.5 mg/m3 (inhalable fraction, as benzene-soluble aerosol) bentonite ACGIH TLV-TWA 10 mg/m3 (total dust) ACGIH TLV-TWA 3 mg/m3 (respirable dust) OSHA PEL-TWA 15 mg/m3 (total dust) OSHA PEL-TWA 5 mg/m3 (respirable dust) carbon black ACGIH TLV-TWA 3.5 mg/m3 OSHA PEL-TWA 3.5 mg/m3 kaolin ACGIH TLV-TWA 2 mg/m3 OSHA PEL-TWA 15 mg/m3 OSHA PEL-TWA 5 mg/m3 silica, quartz ACGIH TLV-TWA 0.025 mg/m3 OSHA PEL-TWA 30mg/m3 / (%SiO2+2) (total dust) OSHA PEL-TWA 10 mg/m3/ (%SiO2+2) (respirable dust) 9. Physical And Chemical Properties Appearance Black/brown liquid Odor Petroleum and wood-like odor Chemical Type: Mixture Physical State: Liquid Boiling Point: 212-220 °F Specific Gravity: 1.35 Percent Volatiles: 42.5 Vapor Pressure: 18@77ºF Vapor Density: >1 pH Factor: 9-10 Solubility: dispersible Evaporation Rate: <1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Material Safety Data Sheet Page 4 of 5 10. Stability And Reactivity Stability: Stable Hazardous Polymerization: Will not occur Incompatible Materials Avoid contact with strong oxidizing agents and acids. Hazardous Decomposition Products Toxic and irritating gases, vapors or fumes, carbon monoxide (CO), carbon dioxide (CO2). 11. Toxicological Information Chronic/Carcinogenicity IARC has concluded that the following chemicals in this product are carcinogenic to humans (Group 1): silica, quartz IARC has concluded that the following chemicals in this product are possibly carcinogenic to humans (Group 2B): carbon black ACGIH has designated the following chemicals in this product as suspected human carcinogens (A2): silica, quartz NTP has listed the following chemicals in this product as known human carcinogens: silica, quartz Risk of cancer depends on duration and level of exposure to this product as a dust or aerosol mist. Miscellaneous Toxicological Information Toxicological testing has not been conducted for this product overall. Available toxicological data for individual ingredients are summarized below. Ingredient(s) - Toxicological Data carbon black rat LC50: 6750 mg/m3 4-hr exposure silica, quartz iv-rat LD50: 500 mg/kg bw/Quartz (10-200 um) 12. Ecological Information No specific information available. 13. Disposal Considerations Dispose in accordance with applicable federal, state and local government regulations. 14. Transport Information Ground Not Restricted IMDG Not Restricted IATA Not Restricted 15. Regulatory Information U.S. Regulatory Information Asphalt may contain detectable amounts of chemicals known to the State of California to cause cancer or reproductive harm. Ingredient(s) - State Regulations petroleum asphalt New Jersey - Workplace Hazard Pennsylvania - Workplace Hazard Massachusetts - Hazardous Substance DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Material Safety Data Sheet Page 5 of 5 15. Regulatory Information - Continued Ingredient(s) - State Regulations - Continued New York City - Hazardous Substance carbon black New Jersey - Workplace Hazard Pennsylvania - Workplace Hazard California - Proposition 65 Massachusetts - Hazardous Substance kaolin Pennsylvania - Workplace Hazard silica, quartz New Jersey - Workplace Hazard Pennsylvania - Workplace Hazard California - Proposition 65 Massachusetts - Hazardous Substance Canadian Regulatory Information This product has been classified in accordance with the hazard criteria of the CPR and the MSDS contains all the information required by the CPR. WHMIS Classification: D2A - Very Toxic Ingredient(s) - Canadian Regulatory Information carbon black WHMIS - Ingredient Disclosure List silica, quartz WHMIS - Ingredient Disclosure List WHMIS - Canada (Pictograms) NFPA HMIS HEALTH 1 0 FLAMMABILITY 0 1 0 REACTIVITY 0 PERSONAL PROTECTION 16. Other Information Revision/Preparer Information This MSDS Supersedes A Previous MSDS Dated: 03/04/2007 Disclaimer Although reasonable care has been taken in the preparation of this document, we extend no warranties and make no representations as to the accuracy or completeness of the information contained therein, and assume no responsibility regarding the suitablility of this information for the user's intended purposes or for the consequences of its use. Each individual should make a determination as to the suitability of the information for their particular purposes(s). DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Adopted by Ordinance No. 44, 2016 Dust Prevention and Control Manual DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page i CONTENTS 1.0 Introduction 1 1.1 Title 1 1.2 Purpose of Manual 1 1.3 Applicability 1 1.4 Definitions 2 2.0 Fugitive Dust and the Problems it Causes 5 2.1 What is Fugitive Dust, Generally? 5 2.2 Why is the City Addressing Fugitive Dust? 5 2.3 Health and Environmental Effects 6 2.4 Nuisance and Aesthetics 6 2.5 Safety Hazard and Visibility 6 3.0 Best Management Practices 7 3.1 Earthmoving Activities 8 3.2 Demolition and Renovation 10 3.3 Stockpiles 12 3.4 Street Sweeping 14 3.5 Track-out / Carry-out 15 3.6 Bulk Materials Transport 16 3.7 Unpaved Roads and Haul Roads 18 3.8 Parking Lots 19 3.9 Open Areas and Vacant Lots 21 3.10 Saw Cutting and Grinding 22 3.11 Abrasive Blasting 24 3.12 Mechanical Blowing 26 4.0 Dust Control Plan for Land Development Greater Than Five Acres 28 Dust Prevention and Control Checklist 31 5.0 Resources 32 5.1 Cross Reference to Codes, Standards, Regulations, and Policies 32 5.2 City of Fort Collins Manuals and Policies 35 5.3 References for Dust Control 35 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 1 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). DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 2 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. Dust generating 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 Dust Prevention and Control Manual Page 3 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. Dust Prevention and Control Manual Page 4 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 5 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 6 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 7 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. Minimize – reduce dust emissions with methods that capture, collect, or contain emissions. Mitigate – when preventing fugitive dust or minimizing the impacts are not feasible, the Manual provides specific measures to mitigate dust. More specifically, the Manual establishes the following procedures for each dust generating activity outlined in this Chapter: 1. Required Best Management Practices – this section includes the specific measures that are required to be implemented if the dust generating activity is occurring. For example, high wind restrictions (temporarily halting work when wind speeds exceed 30 mph) are required best management practices for earthmoving, demolition/renovation, saw cutting or grind, abrasive blasting, and leaf blowing. 2. Additional Best Management Practices – this section includes additional measures if the required best management practices are ineffective at preventing off-property transport of particulate matter. At least one of the additional best management practices outlined in the Manual must be implemented on the site to be in compliance with the Manual and Code. 3. Additional Requirements – When applicable, additional measures are also required, e.g., a dust control plan when project sites are over 5 acres in size. The Dust Prevention and Control Checklist included on page 31 of this Manual provides a “quick guide” to dust control BMPs covered in the following sections of the Manual. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 8 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 9 (b) Additional Best Management Practices: In the event 3.1(a)(i)-(v) are ineffective to prevent off- property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: apply water to disturbed soil surfaces, backfill materials, screenings, and other dust generating operations as necessary and appropriate considering current weather conditions, and prevent water used for dust control from entering any public right-of-way, stormwater drainage facility, or watercourse. (ii) Wind barrier: construct a fence or other type of wind barrier to prevent wind erosion of top soils. (iii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iv) Surface roughening: stabilize an active construction area during periods of inactivity or when vegetation cannot be immediately established. (v) Cover: install cover materials during periods of inactivity and properly anchor the cover. (vi) Soil retention: stabilize disturbed or exposed soil surface areas that will be inactive for more than 30 days or while vegetation is being established. (c) Additional requirements: Any person, owner, or operator who conducts earthmoving that is a dust generating activity or source at a construction site or land development project with a lot size equal to or greater than five (5) acres also shall implement the following measures: (i) Dust Control Plan: submit a plan that describes all potential sources of fugitive dust and methods that will be employed to control dust emissions with the development construction permit application or development review application (see Chapter 4 of this Manual). A copy of the Dust Control Plan must be onsite at all times and one copy must be provided to all contractors and operators engaged in dust generating activities at the site. (ii) Construction sequencing: include sequencing or phasing in the project plan to minimize the amount of disturbed area at any one time. Sites greater than 25 acres in size may be asked to provide additional justification, revise the sequencing plan, or include additional best management practices. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 10 3.2 Demolition and Renovation Above: This photo illustrates restricting access (a required best management practice) and a wind barrier (an additional best management practice) for demolition and renovation activities. Dust generated from demolition activities may contain significant levels of silica, lead, asbestos, and particulate matter. Inhalation of silica and asbestos is known to cause lung cancer, and exposure to even small quantities of lead dust can result in harm to children and the unborn. In addition to complying with the dust control measures below, any person engaged in demolition or renovation projects must comply with applicable state and federal regulations for asbestos and lead containing materials and notification and inspection requirements under the State of Colorado Air Quality Control Commission's Regulation No. 8, Part B Control of Hazardous Air pollutants. Best Management Practices to Control Dust (a) Required Best Management Practices: Any person, owner, or operator who conducts demolition or renovation that is a dust generating activity or source shall implement the following best management practices to prevent off-property transport of fugitive dust emissions: (i) Asbestos and lead containing materials: demolition and renovation activities that involve asbestos or lead containing materials must be conducted in accordance with 2012 International Building Code (IBC), as adopted by the Code Sec. 5-26 and amended by Code Sec. 5-27 (59) (amending IBC §3602.1.1) and all other state and local regulations; (ii) Restrict access: restrict access to the demolition area to only authorized vehicles and personnel; (iii) High winds restriction: temporarily halt work activities during high wind events greater than 30 mph if operations would result in off-property transport; and (iv) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 11 (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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 12 3.3 Stockpiles Above: This photo illustrates wet suppression, an additional best management practice for stockpiles. Stockpiles are used for both temporary and long-term storage of soil, fill dirt, sand, aggregate, woodchips, mulch, asphalt and other industrial feedstock, construction and landscaping materials. Fugitive dust can be emitted from stockpiles while working the active face of the pile or when wind blows across the pile. The quantity of emissions depends on pile height and exposure to wind, moisture content and particle size of the pile material, surface roughness of the pile, and frequency of pile disturbance. Best Management Practices to Control Dust (a) Required Best Management Practices: Any owner or operator of a stockpile that is a dust generating activity or source shall implement the following best management practices to prevent off property transport of fugitive dust emissions: (i) Minimize drop height: Drivers and operators shall unload truck beds and loader or excavator buckets slowly, and minimize drop height of materials to the lowest height possible, including screening operations. (b) Additional Best Management Practices: In the event 3.3(a)(i) is ineffective to prevent off-property transport, the person, owner, or operator shall use at least one of the following best management practices: (i) Wet suppression: Apply water to the active face when working the pile or to the entire pile during periods of inactivity. Prevent water used for dust control from entering any public right- of-way, storm drainage facility, or watercourse. (ii) Cover: install cover materials during periods of inactivity and anchor the cover. (iii) Surface roughening: stabilize a stockpile during periods of inactivity or when vegetation cannot be immediately established. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 13 (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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 14 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 15 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 16 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 17 (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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 18 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 19 3.8 Parking Lots Above: This figure illustrates an unpaved parking lot in Fort Collins. This section applies to paved and unpaved areas where vehicles are parked or stored on a routine basis and includes parking areas for shopping, recreation, or events; automobile or vehicle storage yards; and animal staging areas. Best Management Practices to Control Dust- Unpaved Parking Lots (a) Required Best Management Practices: Any owners or operator of an unpaved parking lot greater than one-half acre shall use at least one of the following best management practices to prevent off- property transport of fugitive dust emissions (i) Surface improvements: install gravel or similar materials with sufficient depth to reduce dust or pave high traffic areas. (ii) Vegetation: plant vegetation appropriate for retaining soils or creating a wind break. (iii) Wet suppression: apply water as necessary and appropriate considering current weather conditions to prevent off-property transport of fugitive dust emissions. Prevent water used for dust control from entering any public right-of-way, storm drainage facility, or watercourse. (iv) Wind barrier: construct a fence or other type of wind barrier. (v) Reduce vehicle speeds: establish a maximum speed limit or install traffic calming devices to reduce speeds to a rate that prevents off-property transport of dust entrained by vehicles. (vi) Restrict access: restrict travel in parking lots to only those vehicles with essential duties and limit access to hours of operation or specific events. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 20 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 21 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 22 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 23 (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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 24 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 25 (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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 26 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 27 (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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 28 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 29 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 30 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: ________________________________ DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 31 Dust Prevention and Control Checklist Instructions: For projects over 5 acres, in addition to developing a Dust Control Plan (see chapter 4 of the manual), place an X in each box indicating all best management practices (BMPs) that will be implemented for each activity. Fully shaded boxes are required BMPs, hatched boxes are additional BMPs. For projects less than 5 acres, the BMPs for bulk materials transport and saw cutting/grinding are required; other BMPs are listed for use as a guide for preventing and controlling dust. Dust Generating Activity /Best Management Practice Earthmoving Demolition/ Renovation Stockpile Street Sweeping Track-out / Carry-out Bulk Materials Transport Unpaved Roads and Haul Roads Unpaved Parking Lot * Paved Parking Lot* Open Area* Saw Cutting or Grinding Abrasive Blasting Mechanical Blowing Abrasive media Asbestos or lead materials Construction sequencing Cover Cover Load Enclosure Equipment & work area clean up Erosion control plan High winds restriction Location Mechanical blowing techniques Minimize disturbed area Minimize drop height On-tool local exhaust ventilation On-tool wet suppression Other method Reduce vehicle speeds Remove deposition Restrict access Slurry clean up Soil retention Stockpile permit Surface improvements Surface roughening Sweeping Track-out prevention system Uncontrolled sweeping prohibited Vacuum Vegetation Wet suppression Dust Prevention and Control Manual Page 32 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 33 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 34 Fort Collins Stormwater Criteria Manual – Fact Sheet SM-4 Vehicle Tracking Control. Fort Collins Stormwater Criteria Manual – Fact Sheet SM-7 Street Sweeping and Vacuuming. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a.(ii).(B) General Requirements. Bulk Materials Transport Fort Collins Traffic Code, Part 1407 Spilling loads on highways prohibited. Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.f Haul Trucks. Colorado Revised Statutes. 42-4-1407 Spilling loads on highways prohibited. Unpaved Roads and Haul Roads Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. State of Colorado, Air Quality Control Commission, 5 CCR 1001-3, Regulation No. 1, §III.D.2.a Roadways and §III.D.2.e Haul Roads. Parking Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Open Areas and Vacant Lots Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Saw Cutting and Grinding Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Fort Collins Stormwater Criteria Manual – Fact Sheet SM-12 Paving and Grinding Operations. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 35 Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, Section 208.04 Best Management Practices for Stormwater. Abrasive Blasting Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. Mechanical (Leaf) Blowing Fort Collins City Code Chapter 20 Nuisances, Article 1 In General, §20-1 Air pollution nuisances prohibited. Fort Collins City Code Chapter 26 Utilities, Article VII Stormwater Utility, §26-498 Water quality control. 5.2 City of Fort Collins Manuals and Policies Fort Collins Stormwater Criteria Manual http://www.fcgov.com/utilities/business/builders-and- developers/development-forms-guidelines-regulations/stormwater-criteria City of Fort Collins Parks and Recreation Environmental Best Management Practices Manual 2011, Chapter Four: Best Management Practices for Construction http://www.fcgov.com/parks/pdf/bmp.pdf City of Fort Collins Building Design and Construction Standards, Oct. 2013 http://www.fcgov.com/opserv/pdf/building-design-standards2.pdf?1390850442 City of Fort Collins, Recommended Species and Application Rates of Perennial Native Upland Grass Seed for Fort Collins, Colorado. City of Fort Collins Plant List, April 2011. 5.3 References for Dust Control Leaf Blowing A Report to the California Legislature on the Potential Health and Environmental Impacts of Leaf Blowers, California Environmental Protection Agency – Air Resources Board, Feb. 2000. http://www.arb.ca.gov/msprog/mailouts/msc0005/msc0005.pdf Abrasive Blasting Sandblasting and Other Air-based Blasting Fact Sheet, Minnesota Pollution Control Agency, Dec. 2011. Protecting Workers from the Hazards of Abrasive Blasting Materials, OSHA Fact Sheet. California Air Resources Board, Abrasive Blasting Program. http://www.arb.ca.gov/ba/certabr/certabr.htm DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 36 Saw Cutting OSHA Fact Sheet on Crystalline Silica Exposure https://www.osha.gov/OshDoc/data_General_Facts/crystalline-factsheet.pdf State of New Jersey – Dry Cutting and Grinding Fact Sheet http://www.state.nj.us/health/surv/documents/dry_cutting.pdf Centers for Disease Control and Prevention - Engineering Controls for Silica in Construction http://www.cdc.gov/niosh/topics/silica/cutoffsaws.html Shepherd-S; Woskie-S, Controlling Dust from Concrete Saw Cutting. Journal of Occupational and Environmental Hygiene, 2013 Feb; 10(2):64-70. http://www.cdc.gov/niosh/nioshtic-2/20042808.html Akbar-Khanzadeh F, Milz SA, Wagner CD, Bisesi MS, Ames AL, Khuder S, Susi P, Akbar-Khanzadeh M, Effectiveness of dust control methods for crystalline silica and respirable suspended particulate matter exposure during manual concrete surface grinding. Journal of Occupational and Environmental Hygiene, 2010 Dec;7(12):700-11. http://www.ncbi.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.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025946.pdf CPWA, 2005, Dust Control for Unpaved Roads, A Best Practice by the National Guide to Sustainable Municipal Infrastructure, Canadian Public Works Association. Colorado Forest Road Field Handbook, Colorado State Forest, Editor: Richard M. Edwards, CF; CSFS Assistant Staff Forester, July 2011. Fay L., Kociolek A., Road Dust Management and Future Needs: 2008 Conference Proceedings, Western Transportation Institute, March 2009. Chemical Stabilizers Interim Guidelines on Dust Palliative Use in Clark County, Nevada. Nevada Division of Environmental Protection, Feb. 2001. http://ndep.nv.gov/admin/dustpa1.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 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 37 Techniques for Fugitive Dust Control – Chemical Suppressants, City of Albuquerque NM, website last accessed on Oct. 25, 2014. http://www.cabq.gov/airquality/business-programs-permits/ordinances/fugitive-dust/fugitive-dust- control USDA BioPreferred Catalog: Dust Suppressants http://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml USGS Columbia Environmental Research Center Project: Environmental Effects of Dust Suppressant Chemicals on Roadside Plant and Animal Communities, http://www.cerc.usgs.gov/Projects.aspx?ProjectId=77 Street Sweeping U.S. Department of Transportation, Federal Highway Administration, Stormwater Best Management Practices: Street Sweeper Fact Sheet. http://environment.fhwa.dot.gov/ecosystems/ultraurb/3fs16.asp Agriculture and Livestock Agricultural Air Quality Conservation Measures - Reference Guide for Cropping Systems and General Land Management, USDA-NRCS, Oct. 2012. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1049502.pdf Dust Control from Animal Activity on Open Lot Surfaces, Code 375, USDA-NRCS, Sept. 2010. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_025821.pdf Residue and Tillage Management, Reduced Till, Code 345, USDA-NRCS, Dec. 2013. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1251402.pdf Herbaceous Wind Barriers, Code 603, USDA-NRCS, Jan. 2010. http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_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://caaqes.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 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Dust Prevention and Control Manual Page 38 Earthmoving Activities CDPHE, An Overview of Colorado Air Regulations for Land Development, August 2014 https://www.colorado.gov/pacific/sites/default/files/AP_Land-Development-Guidance-Document_1.pdf Working With Dirt When the Wind Blows http://www.gradingandexcavation.com/GX/Articles/Working_With_Dirt_When_the_Wind_Blows_5455 .aspx EPA – Stormwater Best Management Practices: Dust Control http://water.epa.gov/polwaste/npdes/swbmp/Dust-Control.cfm EPA – Stormwater Best Management Practices: Wind Fences and Sand Fences http://water.epa.gov/polwaste/npdes/swbmp/Wind-Fences-and-Sand-Fences.cfm EPA – Stormwater Best Management Practices: Construction Sequencing http://water.epa.gov/polwaste/npdes/swbmp/Construction-Sequencing.cfm EPA – Stormwater Best Management Practices: Construction Entrances http://water.epa.gov/polwaste/npdes/swbmp/Construction-Entrances.cfm An Overview of Colorado Air Regulations for Land Development. Colorado Department of Public Health and Environment – Air Pollution Control Division. https://www.colorado.gov/pacific/sites/default/files/AP_Land-Development-Guidance-Document_1.pdf Health Effects of Particulate Matter U.S. Environmental Protection Agency, Integrated Science Assessment for Particulate Matter. EPA/600/R-08/139F Dec. 2009. http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=216546#Download World Health Organization, Health Effects of Particulate Matter - Policy. 2013 http://www.euro.who.int/__data/assets/pdf_file/0006/189051/Health-effects-of-particulate-matter- final-Eng.pdf Preventing Silicosis in Construction Workers, NIOSH http://www.cdc.gov/niosh/docs/96-112/ General Dust Abatement Handbook, Maricopa County Air Quality Department, June 2013. http://www.maricopa.gov/aq/divisions/compliance/dust/docs/pdf/Rule%20310-Dust%20Handbook.pdf Fugitive Dust Control: Self Inspection Handbook, California Air Resources Board, 2007. http://www.arb.ca.gov/pm/fugitivedust_large.pdf WRAP Fugitive Dust Handbook, Western Governors’ Association. Sept. 2006. Managing Fugitive Dust: A Guide for Compliance with the Air Regulatory Requirements for Particulate Matter Generation, Michigan Department of Environmental Quality. March 2014. Colorado Oil and Gas Conservation Commission, Rules and Regulations, Rule 805 Odors and Dust http://cogcc.state.co.us/ DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 ANDALE CONSTRUCTION INC. 3170 N. OHIO WICHITA KS 67219 Zurich American Insurance Company 16535 Rockhill Insurance Company 28053 X X 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 X X X 1,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX X X 5,000,000 5,000,000 XXXXXXX N X 1,000,000 1,000,000 1,000,000 LEASED/RENTED EQUIPMENT $500,000 BLANKET LIMIT PER ITEM A BAP0183144-01 10/1/2017 10/1/2018 A GLO0183143-01 10/1/2017 10/1/2018 A CPP014045603 10/1/2017 10/1/2018 B FF01881901 10/1/2017 10/1/2018 A WC0183142-01 10/1/2017 10/1/2018 10/1/2018 1335165 Y N Y N N N N 7/19/2018 N N 15499245 15499245 XXXXXXX THE CITY OF FORT COLLINS PO BOX 580 FORT COLLINS CO 80522 THE CITY OF FORT COLLINS IS ADDITIONAL INSUREDS ON GENERAL LIABILITY AND AUTO LIABILITY, AS REQUIRED BY WRITTEN CONTRACT AND SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. THIRTY (30) DAYS NOTICE OF CANCELLATION BY THE INSURER WILL BE PROVIDED TO THE CERTIFICATE HOLDER, TEN (10) DAYS NOTICE IN THE EVENT OF NONPAYMENT OF PREMIUM. X X X DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 Wind barrier *Note that in the parking lot and open area standards, only select one of the required BMPs to be in compliance. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1 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. DocuSign Envelope ID: B1C9D907-FE45-4035-A969-02B58D0754B1