Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutC03-222 NexGen Constructors• ys AGREEMENT THIS AGREEMENT is dated as of th%ay o in the year 2003 by and between Board of County Commissioners Eagle County, Colorado (hereinafter called OWNER) and NexGen Constructors, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 -WORK CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: The project consists of approximately 5,300 feet of asphalt-paved trail, 16,000 square feet of mechanically stabilized earthwall and related appurtances in the area known as Dowd Junction, between Vail and Eagle-Vail in Eagle County, Colorado. ARTICLE 2 -ENGINEER The Project has been designed by Alpine Engineering, Inc., who is hereinafter called ENGINEER, and 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 TIlVIE 3.1 The work will be substantially completed on or before May 28, 2004, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before May 14, 2004. 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 Agreement Page 1 • substantially complete within the time 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, expense, and difficulties involved in proving a legal or arbitration proceeding the actual loss suffered by OWNER if the work is not substantially complete on time. Accordingly, instead of requiring such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five Hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for substantial completion until the work is substantially complete. ARTICLE 4 -CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. OWNER shall pay CONTRACTOR for performance of the work in accordance with the Contract Documents in current funds as follows: Item Descri tion Unit Quanti Unit Price Total 1 Mobilization LS 1 182,000.00 182,000.00 2 Traffic Control LS 1 91,000.00 91,000.00 3 Obstruction Removal LS 1 94,700.00 94,700.00 4 Clearin LS 1 267,000.00 267,000.00 Subtotal _.._........ . 634,700.00 TRAIL EARTHWORK 5 Excavation CY 775 4.50 3,487.50 6 Muck Excavation CY 1500 4.50 6,750.00 7 Embankment CY 659 3.00 1,977.00 8 Im ort CY 4145 15.60 64,662.00 9 To soil Remove and Re lace CY 3371 4.50 15,169.50 Subtotal 92,046.00 RAILROAD EARTHWORK 10 Unclassified Excavation CIP CY 2660 4.50 11,970.00 11 A re ate Base Course S ecial CY 600 23.00 13,800.00 12 Subballast Drains LF 157 23.00 3,611.00 13 Fence Barbed Wire with Metal Posts LF 1115 3.00 3,345.00 Subtotal 32,726.00..... RECREATION TRAIL 14 A re ate Base Course Class 6 TON 409 23.00 9,407.00 15 Hot Bituminous Pavement TON 1633 47.00 76,751.00 16 MSE Wall SF 16394 35.25 577,888.50 17 Pedestrian Guardrail LF 3474 60.00 208,440.00 18 Guardrail LF 30 75.00 2,250.00 19 Guardrail End Anchors EA 3 2500.00 7,500.00 Agreement Page 2 . ~ ~ ~ 20 Jerse Barrier LF 765 36.00 .27,540.00 21 Guardrail Backin LF 707 3.00 2,121.00 21 Relocate Sin EA 4 150.00 600.00 22 Install Sin EA 24 150.00 3,600.00 23 30" RCP Irri ation Pie LF 145 83.00 12,035.00 24 5' Diameter Manhole EA 1 2500.00 2,500.00 25 Manhole /Gate Valve Ad'ustment EA 7 300.00 2,100.00 26 12" PVC LF 20 40.00 800.00 27 18" CMP LF 71 43.00 3,053.00 28 18" RCP LF 18 47.00 846.00 29 24" CMP LF 22 53.00 1,166.00 30 24" RCP LF 57 59.00 3,363.00 31 54" RCP LF 19 150.00 2,850.00 32 C-Inlet EA 3 2,700.00 8,100.00 33 T e 13 Inlet EA 3 5,200.00 15,600.00 34 2'x3' Inlet EA 2 2,700.00 5,400.00 35 18" CMP End Section EA 3 240.00 720.00 36 24" CMP End Section EA 1 275.00 275.00 37 54" RCP End Section EA 1 2,500.00 2,500.00 38 18" CMP Bend EA 1 390.00 390.00 39 24" RCP Bend EA 2 500.00 1,000.00 40 12" Concrete Collar EA 1 400.00 400.00 41 54" Concrete Collar EA 1 800.00 800.00 42 Culvert Outlet Protection 9" EA 5 350.00 1,750.00 43 Culvert Outlet Protection 12" EA 2 425.00 850.00 44 Stone Outlet Structure EA 3 375.00 1,125.00 45 Stabilized Construction Entrance EA 1 950.00 950.00 46 Silt Fence LF 1949 3.00 5,847.00 Subtotal.. 990,517.50 TOTAL 1, 749, 989.50 ARTICLE 5 -PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 PROGRESS PAYMENTS: OWNER shall make monthly progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payments as recommended by ENGINEER, as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values provided for in paragraph 14.1 of the General Conditions. Agreement Page 3 5.1.1 Prior to Substantial Completion, progress payments will be in an amount equal to: 90% of the work completed until fifty percent (50%) of the work is performed, after which no additional retainage shall be withheld, and 90% of materials and equipment not incorporated in the work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine in accordance with paragraph 14.7 of the General Conditions. 5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with the Revised Statutes 1973, Section 38-26-107 as amended. Final payment shall be made in accordance with the requirements of aforesaid statute. ARTICLE 6 -CONTRACTOR'S REPRESENTATIONS 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, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications, and which have been identified in the Supplementary Conditions. Agreement Page 4 .~ 6.3 CONTRACTOR has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as he deems necessary for the performance of the work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are, or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.5 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 The Contract Documents which comprise the entire Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (Pages 1 to 7, inclusive). 7.2 Invitation to Bid consisting of 1 page. 7.3 Instructions to Bidders (Pages 1 to 7, inclusive). 7.4 Performance and other Bonds, identified as exhibits ,and consisting of pages. 7.5 Notice of Award, Notice to Proceed. 7.6 General Conditions (Pages 1 to 47, inclusive). 7.7 Specifications consisting of Divisions 0, 1 and 2, and bearing the titles, as listed in the table of contents of the Project Manual. 7.8 Drawings, consisting of 37sheets. 7.9 Addenda number 1, inclusive. 7.10 Documentation submitted by CONTRACTOR prior to Notice of Award (Pages to ,inclusive). Agreement Page 5 • 7.11 Any modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by a Modification (as defined in Section 1 of the General Conditions). ARTICLE 8 -MISCELLANEOUS 8.1 The terms used in this Agreement which are defined in Article 1 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 without limitation, 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 the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.4 ATTORNEY'S FEES: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 8.5 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR, or by ENGINEER on their behalf. Agreement Page 6 f • This Agreement will be effective o 2003. County Commissioners BY: BY: Michael L. Gallagher, Ch ' an OWNER: Eagle County Board of CONTRACTOR: O~ ~G~~ u~ C.~~ A' Address for giving notices: Eagle County Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 Agreement (CORPORATE SEAL) ATTEST. Address for giving notices: NexGen Constructors, Inc. PO Box 1080 Eagle; CO 81631 Page 7 ~ ~ r • • AGREEMENT THIS AGREEMENT is dated as of the,~~~~ay of m the year 2003 by and between Board of County Commissioners Eagle County, Colorado (hereinafter called OWNER) and NexGen Constructors, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 -WORK CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: The project consists of approximately 5,300 feet of asphalt-paved trail, 16,000 square feet of mechanically stabilized earthwall and related appurtances in the area known as Dowd Junction, between Vail and Eagle-Vail in Eagle County, Colorado. ARTICLE 2 -ENGINEER The Project has been designed by Alpine Engineering, Inc., who is hereinafter called ENGINEER, and 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 TIlVIE 3.1 The work will be substantially completed on or before May 28, 2004, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before May 14, 2004. 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 Agreement Page 1 1 ~ substantially complete within the time 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, expense, and difficulties involved in proving a legal or arbitration proceeding the actual loss suffered by OWNER if the work is not substantially complete on time. Accordingly, instead of requiring such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five Hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for substantial completion until the work is substantially complete. ARTICLE 4 -CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. OWNER shall pay CONTRACTOR for performance of the work in accordance with the Contract Documents in current funds as follows: Item Descri tion Unit Quanti Unit Price Total 1 Mobilization LS 1 182,000.00 182,000.00 2 Traffic Control LS 1 91,000.00 91,000.00 3 Obstruction Removal LS 1 94,700.00 94,700.00 4 Clearin LS 1 267,000.00 267,000.00 Subtotal 63~1170DOD TRAIL EARTHWORK 5 Excavation CY 775 4.50 3,487.50 6 Muck Excavation CY 1500 4.50 6,750.00 7 Embankment CY 659 3.00 1,977.00 8 Im ort CY 4145 15.60 64,662.00 9 To soil Remove and Re lace CY 3371 4.50 15,169.50 Subtotal 92,D46a)D RAILROAD EARTHWORK 10 Unclassified Excavation CIP CY 2660 4.50 11,970.00 11 A re ate Base Course S ecial CY 600 23.00 13,800.00 12 Subballast Drains LF 157 23.00 3,611.00 13 Fence Barbed Wire with Metal Posts LF 1115 3.00 3,345.00 Subtotal ' ' 32,726.OD RECREATION TRAIL 14 A re ate Base Course Class 6 TON 409 23.00 9,407.00 15 Hot Bituminous Pavement TON 1633 47.00 76,751.00 16 MSE Wall SF 16394 35.25 577,888.50 17 Pedestrian Guardrail LF 3474 60.00 208,440.00 18 Guardrail LF 30 75.00 2,250.00 19 Guardrail End Anchors EA 3 2500.00 7,500.00 Agreement Page 2 f • 20 Jerse Barrier LF 765 36.00 27,540.00 21 Guardrail Backin LF 707 3.00 2,121.00 21 Relocate Sin EA 4 150.00 600.00 22 Install Sin EA 24 150.00 3,600.00 23 30" RCP Irri ation Pie LF 145 83.00 12,035.00 24 5' Diameter Manhole EA 1 2500.00 2,500.00 25 Manhole /Gate Valve Ad'ustment EA 7 300.00 2,100.00 26 12" PVC LF 20 40.00 800.00 27 18" CMP LF 71 43.00 3,053.00 28 18" RCP LF 18 47.00 846.00 29 24" CMP LF 22 53.00 1,166.00 30 24" RCP LF 57 59.00 3,363.00 31 54" RCP LF 19 150.00 2,850.00 32 C-Inlet EA 3 2,700.00 8,100.00 33 T e 13 Inlet EA 3 5,200.00 15,600.00 34 2'x3' Inlet EA 2 2,700.00 5,400.00 35 18" CMP End Section EA 3 240.00 720.00 36 24" CMP End Section EA 1 275.00 275.00 37 54" RCP End. Section EA 1 2,500.00 2,500.00 38 18" CMP Bend EA 1 390.00 390.00 39 24" RCP Bend EA 2 500.00 1,000.00 40 12" Concrete Collar EA 1 400.00 400.00 41 54" Concrete Collar EA 1 800.00 800.00 42 Culvert Outlet Protection 9" EA 5 350.00 1,750.00 43 Culvert Outlet Protection 12" EA 2 425.00 850.00 44 Stone Outlet Structure EA 3 375.00 1,125.00 45 Stabilized Construction Entrance EA 1 950.00 950.00 46 Silt Fence LF 1949 3.00 5,847:00 Subtotal 990,517.50 OTAL 1,749,989.50- ARTICLE 5 -PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 PROGRESS PAYMENTS: OWNE~t shall make monthly progress payments on account of the Contract Price on the' basis of CONTRACTOR's Applications for Payments as recommended by ENGINEER, as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values provided for in paragraph 14.1 of the General Conditions. Agreement Page 3 5.1.1 Prior to Substantial Completion, progress payments will be in an amount equal to: 90% of the work completed until fifty percent (50%) of the work is performed, after which no additional retainage shall be withheld, and 90% of materials and equipment not incorporated in the work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine in accordance with paragraph 14.7 of the General Conditions. 5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with the Revised Statutes 1973, Section 38-26-107 as amended. Final payment shall be made in accordance with the requirements of aforesaid statute. ARTICLE 6 -CONTRACTOR'S REPRESENTATIONS 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, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications, and which have been identified in the Supplementary Conditions. Agreement Page 4 6.3 CONTRACTOR has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as he deems necessary for the performance of the work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are, or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.5 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 The Contract Documents which comprise the entire Agreement, made a part hereof, and consist of the following: 7.1 This Agreement (Pages 1 to 7, inclusive). 7.2 Invitation to Bid consisting of 1 page. 7.3 Instructions to Bidders (Pages 1 to 7, inclusive). 7.4 Performance and other Bonds, identified as exhibits ,and consisting of pages. 7.5 Notice of Award, Notice to Proceed. 7.6 General Conditions (Pages 1 to 47, inclusive). 7.7 Specifications consisting of Divisions 0, 1 and 2, and bearing the titles, as listed in the table of contents of the Project Manual. 7.8 Drawings, consisting of 37sheets. 7.9 Addenda number 1, inclusive. 7.10 Documentation submitted by CONTRACTOR prior to Notice of Award (Pages to ,inclusive). Agreement Page 5 .' : ~ i 7.11 Any modification, including Change Orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by a Modification (as defined in Section 1 of the General Conditions). ARTICLE 8 -MISCELLANEOUS 8.1 The terms used in this Agreement which are defined in Article 1 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 without limitation, 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 the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.4 ATTORNEY'S FEES: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 8.5 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR, or by ENGINEER on their behalf. Agreement Page 6 .~ This Agreement will be effective o ~ 2003. OWNER: Eagle County Board of County Commissioners BY: (~ ,x Michael L. Gallagher, CONTRACTOR: BY: ~/~, TE SEAL) - ATTES ~° ~ ~ ~ Address for giving notices: Eagle County Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 ATTEST: Address for giving notices: NexGen Constructors, Inc. PO Box 1080 Eagle; CO 81631 Agreement Page 7 C03 - ~~~ - 0 3 i Folder No. 2187-42 LICENSE FOR BICYCLE AND PEDESTRIAN TRAIL CROSSING ON RAILROAD PROPERTY THIS AGREEMENT is made this day o 2003, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation " or Licensor) and the COUNTY OF EAGLE, a political subdivision ~ ~f the State of Colorado ("Licensee"). IT IS AGREED as follows: Section 1. LICENSE FEE; RIGHT GRANTED. A. For and in consideration of a one time license fee of Ten Thousand and 00/100 Dollars ($10,000.00) to be paid by Licensee to UP upon the execution and delivery of this Agreement and subject to the terms and conditions of this Agreement, UP hereby grants to Licensee, its successors and assigns, a license to construct, maintain, use, repair, renew and reconstruct a public pedestrian and bicycle trail along and under UP's right-of--way, tracks and bridge between UP's Milepost 304.02 to 304.13 on UP's Tennessee Pass Subdivision in or near the City of Avon, Eagle County, Colorado, in the location shown. on the prints dated July 24, 2003, marked Schedule 1-A and Schedule 1-B, which are attached hereto and hereby made a part hereof (hereinafter the "Trail" or the "Property"). The Trail shall consist of a ten (10) foot wide asphalt surface and also including a 54" tall steel railing with welded wire fabric along the track side of the Trail. Licensee also agrees to construct and maintain a 4-strand barb wire fence along the Licensor's easterly right-of--way line for the entire length of the Trail encroachment as shown in Schedule 1-A and Schedule 1-B. B. Licensee, at its sole cost and expense, will cc Trail and all other necessary facilities,. structures, appur concrete encasement protection covers on the Property, adjacent property, in compliance with all design and co reviewed and approved by UP prior to the commencement (engineering and construction drawings) to: Union Pacific Raikoad Company Attn: General Manager Real Estate 1416 Dodge St., WP001 Omaha, NE 68179 ~' ~~ ~! ~~ ~ i ~ -~ ~ -1, °'ruct the ing and icensee's L ~` ~ ~ eve been G ~ ;all plans for review and approval. UP shall either approve or disapprove the plans submitted by Licensee within fifteen (15) business days after receipt of such plans by UP. Approval of such plans shall not be unreasonably withheld; failure to either approve or disapprove within the fifteen (15) day period shall constitute disapproval of said plans. UP's review and approval of the plans shall in no way relieve Licensee from its responsibilities, obligations and/or liabilities under this Agreement, and shall be given with the understanding that UP makes no representation or warranty about the validity, accuracy, legal compliance of completeness of the plans and any reliance by Licensee on the plans shall be at the risk of Licensee. C:\Documents and Settings\ecaryl\Local Settings\Temp\Trail License Agmt.doc c 4 . • ~ DEPARTMENT OP TRANSPORTATION Traffic & Safety Section ®~' 222 South 6"' Street, Room 100 ~®®~ Grand .tunctlon, Colorado 81501 -®® (970) 248-7230 August 11, 2003 Eagle County ECO Trails P.O. BOX 1070 Gypsum, CO 81637 Re: Avon to Dowd Junction Trail Phase I Eagle County Dear Commissioners: The Colorado Department of Transportation has reviewed and accepted the plans (stamped and dated August 11, 2003) for the Avon to Dowd Junction Trail Phase I. Our review of these plans is cursory and in no way relieves the professional engineer of hisJher professional obligations and responsibilities under Colorado State Law and the Bylaws and Rules of The State Board of Registration for Professional Engineers and Professional Land Surveyors. Eagle County is named as the permittee and will be held responsible for all aspects of the design, construction, materials, etc. associated with the permittee's requested improvements. The following conditions apply to all work performed within CDOT right of way limits: ADMINISTRATION Prior to construction or any activity within the highway right-of-way, the following items are . required: 1. Accepted Construction Plans Stamped by a Colorado Registered Professional Engineer and Accepted by the Department. Design plans must include but not be limited to layout of the improvements, highway improvements, utility locations, present and proposed drainage, present and proposed right-of-way lines, present and proposed traffic control devices, and clear zone analysis. The plans shall be sealed in accordance with CRS 12- 25-117. One set of full size plans shall be submitted. A second set of plans must be submitted on 11" x 1 T' sheets with an appropriate scale. 2. Certificate of Insurance Liability: The permittee or its contractor shall procure and maintain general public and auto liability and property damage insurance covering the operation sunder this permit, in the amounts specified in CRS 24-10-114. Policies shall name the State of Colorado as additional insured party. Like coverage shall be furnished • • a. Roadway Design Manual b. Materials Manual c. Construction Manual d. Standazd Specifications for Road and Bridge Construction, latest edition e. Colorado Standazd Plans (M & S Standards) f. Manual on Uniform Traffic Control Devices (M.U.T.C.D.) for Streets and Highways and the Colorado Supplement thereto g. A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO), latest edition h. Institute of Transportation Engineer's Trip Generation Manual, Latest edition i. State Highway Access Code 2 CCR 601-1 j. Roadside Design Guide CONSTRUCTION /UTILITIES All construction work must be under the direction of a Colorado Registered Professional Engineer and, upon completion of the work, 11" x 1T' "as-built" plans shall be submitted, showing in detail all approved construction changes, modifications, and revisions. The "as-built" plans must be sealed in accordance with CRS 12-25-117. The permittee is responsible for obtaining utility locations prior to construction, and protecting existing utility facilities from damage during construction. Survey mazkers or monuments found in state highway right-of--way must be preserved in their original positions. Notify the Department at (970) 248-7230 immediately upon discovery of damage to any such mazkers or monuments at the work site. Any survey mazkers or monuments disturbed during the execution of this permit shall be repaired and/or replaced immediately at the expense of the Permittee. It shall be the responsibility of the Permittee to verify the location of the existing utilities and notify all utility owners or operators of any work that might involve utilities within the State Highway right-of-way. Any work necessary to protect existing permitted utilities, such as an encasement will be the responsibility of the Penmittee. Any damage or disruption to any utilities during the construction shall be the Permittee's responsibility and shall be repaired or replaced at no cost to the Department. TRAFFIC CONTROL All traffic control shall comply with the Manual on Uniform Traffic Control Devices (MUTCD). Traffic control shall be supervised by a registered professional traffic engineer or by a traffic control supervisor certified by the American Traffic Safety Services Association (ATSSA) or the Colorado Contractors Association (CCA). When flagging personnel are required, the contractor in accordance with the Department standards shall certify them. Two-way traffic shall be maintained at all times on the highway in accordance with the MUTCD and Colorado Supplements or as otherwise approved. by or on behalf of any subcontractors. Certificates of Insurance showing compliance with these provisions shall be provided to CDOT, and attached to and made a part .of this permit; copies must be available on site during work. 3. Traffic Control Plan: The permittee or it's contractor shall develop and implement.a traffic control plan, and utilize traffic control devices as necessary to ensure the safe and expeditious movement of traffic around and through the work site. The traffic control plan and the application of traffic control devices shall conform with the Manual on Uniform Traffic Control Devices (MLTI'CD), and with the department's traffic signing Standards S-614-50 and 5-614-51. The traffic control plan is subject to CDOT acceptance prior to commencing work on highway ROW. A copy of the approved t traffic plan must be available on site during work. 4. The permittee shall notify Mr. Paul DeJulio at 970-328-6385 at least 48 hours prior to beginning work. In the event that any changes to the highway, the right-of--way, and/or any highway facilities become necessary that would necessitate removal, adjustment, or relocation of the this installation, the permittee will do so promptly, at not cost to CDOT except as provided by law, upon written notice from CDOT. The facility shall be removed unless the permittee and CDOT determine adjustment or relocation is feasible. Subject to the limitations of the Colorado Governmental Immunity Act and the Colorado Constitution, Permittee hereby assumes, releases and agrees to indemnify, defend, protect and save the State of Colorado harmless from and against any loss of and/or damage to the property of the State of Colorado, third parties or the permittee's facilities including loss of services, loss an/or damage on account of injury to or death of any person, whosoever, arising at any time, caused by or growing out of the occupation of Colorado State Transportation rights-of--way the penauttee's facilities or any part thereof, unless such loss and/or damage is the direct result of any willful and wanton act of the State of Colorado or it's employee's. ADDITIONAL CLEARANCES The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits or clearances required for construction of the project. The permittee shall obtain or have CDOT obtain clearances for all wetland, hazardous material, archeological, paleontological, historical, endangered species and/or erosion control issues in CDOT right-of-way prior to construction. Water, sewer, gas, electrical, communication, landscaping, and telephone installations or modifications will require individual additional permits. DESIGN All work within CDOT ROW shall be done according to the latest revision of CDOT's Standard "Specifications for Road and Bridge Construction" and with the Department's Standard Plans: M & S Standards unless otherwise approved by the Department in writing. All design, construction, materials, equipment, and installation within the State Highway shall be in accordance with the following Department standard references, as applicable: - a No work shall be allowed at night, Saturdays, Sundays, or legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of- way during adverse weather-conditions or special events. MAINTENANCE The Permittee agrees to assume all maintenance responsibilities for the improvements and any impacts these improvements may have on CDOT property. Areas of roadway and/or right-of-wad disturbed during this installation shall be restored to their original conditions to insure proper strength and stability, drainage and erosion control. Restoration shall meet the Department's standard specifications for topsoil, fertilization, mulching, and re- seeding. All materials shall be certified as weed free. Any damage to highway facilities, such as traffic lights, streetlights, concrete walkways, asphalt, signing, etc., shall be repaired and reported immediately and notification must be given to the CDOT Inspector or contact the CDOT Dispatcher at (970) 945-3840. No cleated, tracked or equipment with outriggers may work or move over paved surfaces without pads. COMPLETION A fully executed complete copy ofthis agreement must he on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. Upon completion of the work, the applicant shall notify the Region 3 Traffic Safety Section by mail within 10 days at: Colorado Department of Transportation Region 3 Traffic Safety Attn: Dan Roussin 222 South 6a' Street, Room 100 Grand Junction, CO 81501 To signify agreement to the conditions above, have all parties sign and return this letter to me, (make copies for your records), along with necessary attachments required by above conditions. If you have any questions, please contact me at the above phone number or address. Eagle County (Permitteel ~` ~ • ENCROACHIVV~NT AGREEMENT THIS AGREEMENT, is made and entered into this Q~TM day of Jv~y , 2003, by the Eagle Vail Metropolitan District, aquasi-municipal corporation of the State of Colorado, hereinafter referred to as "District", and Eagle County, hereinafter referred to as "County". WHEREAS, County is the owner of the Avon to Dowd Junction Trail Project Phase I described as a 10-foot wide asphalt paved trail and associated structures to be located adjacent to or over the Eagle-Vail Metropolitan District irrigation pipe located in the area known as Dowd Junction between the Eagle River and US Highway 6, in Sections 16, 20 and 21, Township 5 South, Range 81 West of the 6~' Principal Meridian in Eagle County, Colorado; and WHEREAS, County Property Owner desires to construct permanent structures including asphalt trail, associated drainage culverts and retaining walls that may encroach upon said irrigation pipe for approximately 1,200 feet. Said encroachment is herein described on Exhibit A, which is attached hereto and incorporated herein by reference. WHEREAS, said irrigation pipe is an active irrigation pipe presently in use by the District. NOW, THEREFORE, in consideration of the covenants and promises herein, the parties hereby agree as follows: 1. The District shall permit the permanent structure to encroach upon said irrigation pipe. 2. The County shall indemnify the District from the costs of any repairs to the District's irrigation pipe which may occur as a result of the construction of the permanent structures over and upon the pipe. 3. The County shall hold the District harmless from the cost of repairing any damage to the trail and structures that maybe caused by District during the installation of new irrigation pipe, or by a break in the present and future irrigation pipe, or by the repair of such break, or by other maintenance by the District. The District agrees that it will take every precaution available to minimize damage to the trail and structures during any work that may be necessary or unavoidable on said pipe. 4. The District shall notice the County prior to any irrigation pipe repair work taking place and shall provide traffic control and detours approved by the County for any unavoidable temporary closures of the trail. 5. The County's activities in construction of the trail and associated structures shall ~ conducted in such a way as to not unreasonably interfere with the District's operation of the irrigation pipe. If during the County's activities, the flow of water in the irrigation pipe will be interrupted or impaired for any period of time as a result of the • trail construction, the County shall first notify the District and shall coordinate activities with the District, or shall provide irrigation water from an alternative source so that the irrigation activities are not interrupted or impaired. 6. This Agreement shall bind the successors and assigns of the County and shall be appurtenant to and deemed to run with and for the benefit of the aforementioned irrigation pipe in Eagle County, Colorado until such time that the District abandons said irrigation pipe. This Agreement shall be recorded in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as of the day and year first above written. EAGLE COUNTY, STATE OF COLORADO by and through its BOARD OF COUNTY By; - ~ Michael L. Gallagher, Ch an o~ ~c~ o ~~ TT ST: ~-~ of the Eagle Vail Metropolitan District By STATE OF COLORADO ) SS COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this ~ day of .~v~Y 2003 , by A n, as Cha~~ wyr~ of ~ W1 t n ~ _ ~ -.. ~ n Notary Public My Commission expires: 2 ISO IO ~" ~~ ~ • STATE OF COLORADO ) SS COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this ~~ay of ~ `1 S~ 20~, by _~ ~ G~ti 1~~ L ~--. ~ t~l~- ~~--~f'~.In 1 ~~ a.aJ . _R n ~. [~ ~` Notary Public My Commission expires: ~ I / Zl~ d (~